Attorney for the interview

[andyjpa]

Is it a good idea to have an attorney with you for the AOS interview? Will it make any difference? My wife and I discussed about this and we feel having an attorney for the interview can work either way.

Pros
Officer may be fothcoming in giving information. Attorney may be able to ask right questions if the decision to grant GC was to be made at a later time than interview

Cons
Officer may get an impression that something is wrong with the marriage. We read a post in one of the immigration boards that had there been no attroney, approval would have been much quicker.

[Triple Citizen]

If the marriage is bonafide and there is no past criminal/police record for the AOS applicant, then I personally do not think an attorney is needed.

[andyjpa]

We are married for more than two years and have lots of documentation to prove that. Since we used attorney for filing petition and it is another $150 for the attorney to appear in person for the interview, we are contemplating. Since we have an option for the attorney, we dont want to feel bad for not having used the option. And at the same time, we dont want to get ourselves in trouble

[gc-thro-spouse]

Andy,
Our friends (2 couples) filed through lawyers, but did not take them for interviews. Both were simple and solid cases, and they did not feel the need to take their lawyers. Both cases were in the DC district office.

[velli]

hi

the rule is that bone fide marriage results in a approval, because unless you're a criminal you will be approved.

I had a lawyer with me and it felt good to know that someone was there that knows the ins and outs of immigration and he sits in my side of the corner. It isn't necessary by any means but if the 150 dollars aren't going to break you it might you feel a bit more comfortable and that was very important to me.

My interview took in between 10-15 min so i wouldn't think bringing a lawyer will make this last any longer.

good luck

[txgirl]

Andy -

Personal experience - it is good to have a lawyer with you. Having a lawyer at the interview does not mean you have chances of being disapproved.

I would always recommend a lawyer, a case be complicated or not. Mine was a simple case, no criminal records, medical was passed, name check passed, never out of status, but having someone who knows the law was good.

For instance, when we went, after I was approved, my lawyer asked the officer, "will you be stamping her passport" and the lady said "yes". Had my lawyer not been there, I wouldnt ask, as I dont know how it all works. (Unless you know the law very well and feel very comfortable)

Good Luck!

[arran_hope]

If there are no prior issues with law or any other violations of INS it is real waste of money to have/pay for attorney. Ultimatly it is the officer reviewing the file has to be convinced of the marriage. In any case officer is not convinced, they have to give detail explanation (outlining the law) of the reason. As for the questions that officer asked at the time interview, for sure you and your wife knows accuratly than the attorney. In Short, There is nothing that attorney could convince about genuinty of the marriage to the officer. If you have any other issues with immigration then it is totally a different story and certainly falls into the attorney domain experitse.

[andyjpa]

Thanks to all of you who responded. It appears from the responses that having an attorney can be useful in complex cases for professional advice. For normal cases, having attorney can be helpful sometime (like velli and txgirl).

Velli and txgirl, how did the immigration officer receive lawyer? What was your feel?

[txgirl]

Well, my lawyer represented our case, and so, she pretty much guided us all the way through. But I must also say that I had this forum as a guide on a daily basis, than my lawyer that I spoke with once every few weeks. I probably would be more nervous if I did not have this forum.

The IO does not interact much with the lawyer, as the interview is for you and your spouse.

With us, the only interaction was when the lawyer asked the IO if my passport will be stamped, and when the IO asked the Lawyer if she briefed me about "conditional GC".

If you are comfortable not having a lawyer, you should be fine.
Good Luck!

[pianoplayer]

Originally Posted by andyjpa

Thanks to all of you who responded. It appears from the responses that having an attorney can be useful in complex cases for professional advice. For normal cases, having attorney can be helpful sometime (like velli and txgirl).

Velli and txgirl, how did the immigration officer receive lawyer? What was your feel?

Hi:

Having an attorney will almost certainly not hurt your case. Most of the time, an attorney takes a very passive role at the interview, mainly observing. He/she is there mainly only for when complications arise.

If you have a good case, you do not NEED an attorney. Also note that even when you do retain an attorney, you have options. Many attorneys will help you prepare, but not attend the interview. You usually pay more for the attorney to be present at the interview.

[Al Southner]

Originally Posted by andyjpa

Thanks to all of you who responded. It appears from the responses that having an attorney can be useful in complex cases for professional advice. For normal cases, having attorney can be helpful sometime (like velli and txgirl).

Velli and txgirl, how did the immigration officer receive lawyer? What was your feel?

Andy,

Don't be concerned about the perception that an attorney will have with USCIS, because this society is very ligitous, so take a chill pill. I second opinions of most people, unless you have some criminal past, then you have no need to be concerned.

You ability to prove that your relationship is bona fide isn't forgiven or suspended by the presence of an attorney at the interview. As long as you can meet your burden of proof that this relationship is legitimate, you will be in good shape with or without an attorney. If it will give you a peace of mind to have an attorney present at the interview, then $150 isn't bad for his or her to be at the interview. So, pay the $150, prepare all your evidence and be approved on your day of the interview.

Good luck..

[velli]

same as txgirl. my lawyer presented all the evidence like joint stuff and since we actually didn't have all that much stuff, mainly because i just got married 3 months prior he explained all that. Yes I could have done all that, but my head was so full of all sorts of things it was nice not to have to say too much.

[posos]

its good to have attorney with you , so they dont ask questions out of law ... just take attorney incase of anything ,,, 150 dollars not big deal ,,, my attorney 500 dollars charged ,,,,

good luck