Interview from DHS

immime

Registered Users (C)
I recieved a call today from the Homeland Security at D.C saying they will come my place to interview me about my education background. I am very surprised about this call though the person called me is very nice. I don't know why I got this kind of interview. My detail: I-140 (NIW) filed on 02/2002, approved on Aug. I-485 filed on 09/02, FP 11/02, and no 2nd FP yet. Don't know when is AD.

Anyone has similiar situation or know someting about this? Thanks.
 
You may need to contact a lawyer for this, whether you accepted it or not; you may want the interview to be in the presence of a lawyer. Why only you? Could you share more info, like your job and educational background? Who will interview you? The FBI? Why not an RFE? This one may also be out of the regulations. Be careful!
 
immime said:
I recieved a call today from the Homeland Security at D.C saying they will come my place to interview me about my education background. I am very surprised about this call though the person called me is very nice. I don't know why I got this kind of interview. My detail: I-140 (NIW) filed on 02/2002, approved on Aug. I-485 filed on 09/02, FP 11/02, and no 2nd FP yet. Don't know when is AD.

Anyone has similiar situation or know someting about this? Thanks.
Bravo, USCIS has started making house calls .. this is news to me. Make sure you clean your place well and have some fine wine waiting for them. Also find out who is coming and what type of music they like ... :D :D

On a more serious note, I guess you should prepare with as much documentation as you can showing why you are eligible for NIW. Better keep your attorney also around. I hope he is from the same city as you are .... Please update this forum with your experience when your interview is done. Best of Luck.
 
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Do you have an attorney represting you ? If yes than this is really strange request. Please confirm with attorney.
 
Please post about your educational background. It's surprising that they are doing this after approving the I140. They should not be doing Educational evaluation in AOS. Obviously they are reopening your I140 case. Your lawyer might be able to stop them from doing this.
 
This is not a standard procedure for USCIS - to come over to your house and interview you. By analogy with IRS - they do it only when serious fraud activities are suspected, otherwise all audits are done at local IRS offices.

I would say that some high-ranking officials from fraud department of USCIS are going to be involved in your interview. A good lawyer would be an advice for you. Can you disclose your country of origin and/or area of research? This could be another reason for such an interview.

EB12-OR-VSC
ND: 04-02-2003
 
That is inded the first time I ever heard of such a thing, 'will come my place to interview me about my education background'. Please be well prepared with all documentation. As everyone is suggesting, it is best to have an attorney. I guess the key is not to be alarrmed, but to be concerned and well prerpared. Please take this seriously.
 
Thanks for all. I don't have a lawyer, I filed both I-140 and I-485 by myself. Actually I filed two petitions of I-140, one is NIW and another is EB-1a (Alien with extraordinary ability), both are approved. I don't think I am not qualified for NIW. I have many top-rank publications and several patents. My major is Physics/optics (I have PhD from China). The question is I am in I-485 process, they should not go back to see my I-140s. The interview is from DHS at D.C. but not from Vermont or local INS. I feel it is strange.
 
I am suspecting your name might have a hit in the name check or your specialization (physics/optics) touches some sensitive area so may be they want to make sure and the plan might be that if you turn out to be real suspect they take you directly to the airport (I am not trying to scare you, it's just being my guess).
So, I think you would be better off if you hire an attorney for this as everyone else has suggested. You would end up spending some money but who knows how much trouble it would save by hiring the attorney.
 
immime said:
Thanks for all. I don't have a lawyer, I filed both I-140 and I-485 by myself. Actually I filed two petitions of I-140, one is NIW and another is EB-1a (Alien with extraordinary ability), both are approved. I don't think I am not qualified for NIW. I have many top-rank publications and several patents. My major is Physics/optics (I have PhD from China). The question is I am in I-485 process, they should not go back to see my I-140s. The interview is from DHS at D.C. but not from Vermont or local INS. I feel it is strange.
Are you in one of those applicants, who work on weapon/defense systems(e.g. guided missiles using fiber optics etc)?
 
This interview does sound very suspicious. You can call local FBI office and explain your situation. They will come over for an interview as well and will check out those D.C. guys.
 
immime said:
Thanks for all. I don't have a lawyer, I filed both I-140 and I-485 by myself. Actually I filed two petitions of I-140, one is NIW and another is EB-1a (Alien with extraordinary ability), both are approved. I don't think I am not qualified for NIW. I have many top-rank publications and several patents. My major is Physics/optics (I have PhD from China). The question is I am in I-485 process, they should not go back to see my I-140s. The interview is from DHS at D.C. but not from Vermont or local INS. I feel it is strange.

Your field is under the designation of "sensitive technologies".
Your country of origin is under the special list along with Israel, Russia, India, Pakistan, etc.

You did not mention your job and company. You may need an "Export License" (see "Deemed Export Control") to continue working, it depends. Your company should know all these.

Having mentioned all these, I believe they (DHS) have the legal right to do it. You also have the right to refuse it, especially if it is related to your GC. Is it?

Also, if your company/institution has a Legal department, you may want to let them know about it, and maybe be present.

Suggested (strongly) reading:

http://www.ailf.org/lac/lac_pa_071703.pdf
 
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Hi, Cinta:

Thanks for your suggestion. I am working with a University. We do have research projects with DOD and NIH. But I think lots of labs in University are working with these kinds of funds or cooperation. Thanks


cinta said:
Your field is under the designation of "sensitive technologies".
Your country of origin is under the special list along with Israel, Russia, India, Pakistan, etc.

You did not mention your job and company. You may need an "Export License" (see "Deemed Export Control") to continue working, it depends. Your company should know all these.

Having mentioned all these, I believe they (DHS) have the legal right to do it. You also have the right to refuse it, especially if it is related to your GC. Is it?

Also, if your company/institution has a Legal department, you may want to let them know about it, and maybe be present.

Suggested (strongly) reading:

http://www.ailf.org/lac/lac_pa_071703.pdf
 
Smells funny

One has to be careful here. Call up the INS and verify. It could well be some local goons wanting to come over for their business.
You wouldn't want to open your door to any goons.
 
You don't live in Texas, do you?

Check this exceprt from Murthy.com out:

Immigration and Customs Enforcement (ICE) issued a Press Release in June 2004 that residents in Irving, Texas should ignore flyers that appeared in their area. The flyers claimed that local police, Dallas County officials, and ICE agents would be going door-to-door to conduct interviews. These notices have fake telephone numbers and numerous typographical errors. Further, ICE advises that it would not announce any intentions to conduct such interviews via a flyer.

You can read the whole article at:

http://www.murthy.com/news/n_flytex.html

What Cinta posted also makes a lot of sense.
 
Not a CIS Issue

This is not related to immigration per se. Similar stuff had happened to some Indian post docs after India had tested nukes in 1998.


Basically the subject you specialize in could be of dual use, civil and military. Hence a flag went up. They will question you about papers you have done, research here and in country of origin etc.
 
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