Why it's a good idea to have an attorney for your interview or hearing - Part 1

Many people had relative petitions filed for them by family members (such as spouse, parent, brother, sister, etc.). After waiting anxiously for several years (sometimes over a decade), the priority date finally becomes current, and they are called by USCIS for their adjustment of status interview. They may think to themselves that because they filed the Petition on their own, they can handle the interview themselves and save money, by not having an attorney with them for their adjustment of status interview.

However, filing a petition and getting it approved is relatively simple, compared to an in-person interview. After all, with a petition, you fill out the form, include supporting documentation, and mail it away to the USCIS. You then receive an Approval Notice from the USCIS in the mail, without ever seeing any Immigration Officer in person.

An adjustment of status interview puts you in an entirely different situation. This may now be the first time that you come face-to-face with an Immigration Officer. At your interview, you may be questioned in detail about your case or petition. This could include the facts about how you entered the US (i.e. under a different name or date of birth), what you have been doing in the US all these years (i.e. have you been working without authorization?), whether you ever applied for any other immigration benefit during that time (i.e. Political Asylum, CSS/LULAC, etc.)

The documents that you submitted when you first filed the petition, as well as the documents you bring to the interview, will be examined carefully by the Immigration Officer, who is highly trained to spot and detect fraudulent documents, such as fake birth certificates, employment letters, tax returns, etc.

Although Officers conducting interviews are courteous, professional, and fair, you could really mess up your case if you don’t bring the proper or complete documentation, don’t provide correct information, start contradicting yourself, start giving evasive answers because you’re confused, tired, or scared. Even if you’re “innocent”, it may look like you are trying to hide something or you are lying (even when you’re telling the truth). This could create suspicion in the mind of the Officer. So, even though you may be legitimately entitled to the immigration benefit being sought, you could find yourself being put under investigation, or even having your case denied.

A lot of times people think to themselves, “I’ll just go to the interview by myself, so I can save money, and if things get messed up, then I can always go to an attorney”. But, if you messed up the case, it makes it all the more difficult and costly (and your case gets delayed), as more time is needed to repair the damage! And you may mess up the case so bad, by saying the wrong things that the case may be beyond repair, and be denied.

I know some people tell themselves, “If I bring along an attorney, the USCIS may think I have done something wrong, I have something to hide, or I am guilty”. This is a myth. If you are legitimately entitled to the immigration benefit you are seeking, then having an attorney assist you in preparing your case in advance and accompanying you to the interview, increases the chances of your case being properly analyzed and properly presented to the Immigration Officer. It is not a sign of “guilt”.

There are many good reasons for people to be accompanied by an attorney to an interview or hearing. These reasons become even more critical with the expiration of Section 245(i). Now, there might be no “second chance” for most people, if the petition they waited for so many years is denied. What will they have to fall back on, if this happens?

In a future article, I will discuss some of the reasons why it is a good idea to have an attorney help and represent you.

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