At a recent green card interview at the US Citizenship and Immigration Service (USCIS) we observed the latest marriage green card interview process and provide an overview and updates below.
Background
Our foreign-born client who is married to a US citizen wants to have a legal immigration status. They entered the US legally with a visa and have overstayed their visa departure date. After review and careful preparation, we filed a Form I-485 Adjustment of Status or green card application for them.
Marriage Green Card Interview
A marriage green card interview allows the Immigration Service to see if the green card applicants have a ‘bona fide’ marriage. A bona fide marriage means that the applicants have a real marriage and did not marry to evade the immigration laws.
Our clients’ green card interview is at the Federal Building in Downtown Los Angeles. After we check-in and wait, the USCIS interviewing officer takes us into his office where he looks at our identification and administers the oath.
The Applicants are Interviewed Separately
First, the USCIS officer asks the foreign-born spouse to return to the waiting room so he can question them separately. As their attorney I was able to observe each interview. My clients told me that knowing I was there in case of any problems gave them peace of mind.
After interviewing one spouse, the USCIS officer brings the foreign-born spouse into the room. He reviews their application and asks many questions, including several personal questions.
Fortunately, we had prepared our client well for the interview, and this was very useful as the officer asked so many detailed questions.
Finally, the interview is over, and the officer tells us that we will receive the decision in the mail.
Surprise USCIS Notice After the Interview
We received a surprise USCIS notice two weeks after the interview with a warning that the USCIS will continue to review their background even though the case has been approved.
This is a new process in which the USCIS is continually reviewing cases even after a favorable decision has been made. This notice concerned my client because we had received their I-130 and I-1485 approval notices already. Happily, two weeks later this, my client received their actual green card in the mail.
Why This Green Card Application Was Approved Quickly
This green card application was approved quickly in approximately three months of filing the application. This is much faster than the standard processing timeframe for case like these.
Here are the reasons why this green card application was approved quickly.
First, our client was well prepared and attended their interview with all the supporting documents as advised. We had reviewed possible problem scenarios and luckily none of them occurred.
Secondly, fewer people are filing immigration applications at the present time. As a result, there are fewer interviews and backlogs.
These factors contribute to the USCIS officer being able make a favorable decision and send us the results quickly.
Recent Observations
USCIS Officers are Reviewing Cases Closely
A recent observation is that USCIS officers are asking more detailed and thorough questions.
Social Media Review
In addition, the immigration officers are also asking for and reviewing applicants’ social media during the interview. This occurred during our interview.
Arrests and Immigration Enforcement Activity
We did not observe any ICE arrests, detentions or immigration enforcement activity during our time at the immigration building.
Fewer Immigration Applicants
The immigration waiting rooms got interview appointments had few applicants.
For people with appropriate and less risky cases, this may be a good time to apply and get a timely decision.
Get Guidance from Your Immigration Attorney
Finally, for best results, you should get guidance and immigration updates from your immigration lawyer. Share information about your background, and your immigration and criminal history with your immigration attorney. This way you can take care of potential problems upfront and reduce the chances of a denial.
In addition, always seek legal advice if you have made a false claim here or at a US consulate, filed previous immigration applications, have criminal convictions, drug-related arrests or convictions, or immigration violations. If you can, it is wise to file your application with help from an experienced immigration attorney so that you can achieve your immigration goals safely and reduced stress.
Thank you for reading this article. If you have any questions, our immigration attorney is here to help you reach your best immigration solution.
For help with your immigration application or to speak to our immigration lawyer, Doreen Emenike, please schedule an appointment at our website www.emenikelaw.com
Related Reading: Keeping Your Green Card After Marriage Fraud or Misrepresentation With a 237 (a)1)(H) waiver
Read more: How to respond to a USCIS Request For Evidence (RFE)
Read more: Success Stories
Related reading: Green Cards
