(Part 2 of 2)
In a previous article, I discussed some of the reasons why I think it is important for a person to have an attorney at his or her adjustment of status interview. Here are more reasons:
1. An attorney can make sure that there are no miscommunications between the officer and you, because you may not have properly understood the question. I know of many situations where an immigration officer asked one question and because the person was nervous, or did not fully understand, gave an answer that was non-responsive, creating confusion and possible denial. For example, in one case, during a marriage interview (it was a real, love marriage), the officer separated the couple and asked the husband if he had any injuries. The husband said “yes, he had an operation on his knee.” The officer then questioned the wife, and asked if her husband had any illnesses. She responded “no.” The officer had suspicions about the bona fides of the marriage because he thought that they gave different answers. However, there is a difference between illness and injury. The couple really had answered their respective questions truthfully. Nevertheless, the case was denied as being a fixed marriage, all due to miscommunications and misunderstandings over injuries and illnesses. Having an attorney with you at the interview could have pointed out such subtle differences, and reduced the chances of a denial.
2. The attorney could explain or argue the applicable laws to the officer, and have available relevant cases, statutes, or memos to support your eligibility. For example, the person may have been out of status and worked without authorization. The officer may not take into account the fact that the person was entitled to adjust status under Section 245(i). An attorney could be there to assert your eligibility for a green card, and avoid a denial. In our office, we recently had a case that was approved under the new Survivor law (where a person can get a green card despite the death of the petitioner if they were in the US at the time the petitioner died). The particular officer was not yet aware of the new law. Having an attorney at the interview saved the day. There may be other situations where there may be a difference of opinion as to the application of a particular law, and having an attorney at your interview, to point out your entitlement under these laws could greatly increase your chances of approval. You may not be versed in all the laws, regulations, cases, and memos, that exist, that show you’re eligible. An attorney could be there to point them out to the officer.
3. Having an attorney at your side is like a “security blanket,” so that you don’t feel intimidated or scared, when the officer is just doing his job. I know that among the “core values” of the USCIS is that, “We will demonstrate respect in all of our actions. We will ensure that everyone we affect will be treated with dignity and courtesy...” However, that day, the officer may have a full case load, is behind schedule, and feels rushed. While you may want to provide a lengthy answer, the officer may say, “Just answer my question.” You may get scared or nervous, thinking that the officer is mad at you, when all he is really doing is just trying to move the interview along. Or, at your marital interview, your American spouse may get angry, and get into an argument with the officer, which may not help your case. In other words, the attorney can reduce your stress level or blood pressure at the interview, or calm your spouse.
In conclusion, the adjustment of status interview is literally the “final step” in your pursuit of the American dream. It is probably the most important stage of the whole process, when you come face-to-face with an immigration officer. That is the last place where you should start thinking about saving money. Although having an attorney represent you at your adjustment of status interview will not necessarily “guarantee” success, I think it would greatly increase your chances for success, and possibly avoid delays, investigations, suspicions, denials, and possible issuance of a Notice to Appear.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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