Is attorney needed for I-485 interview

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neversay_never

Registered Users (C)
Hi,

I have an interview scheduled this 12/11 in NE for my I-485.

I have a clause in the document sent by NE for my I-485 interview which states

"Beneficiary must bring two (2X2) photos. Petitioner must appear at interview with you. If petitioner fails to appear, your application may be denied."

Who is the petitioner here? Is it my company or my lawyer? I know I am the beneficiary because they asked for photos (whose else photos would they require).
Is my company the petitioner or the company's attorney the petitioner.

When I asked my lawyer she said that, this center usually does family based immigration and that the "petitioner" means a relative or somebody in a family.

Is she correct?

Also, for this interview should I take my attorney? According to my attorney, they feel that they are not needed. My company says that they are not going to reimburse the expenses (which could run into thousands of dollars for their air tickets, hotel accommodation, and time). They say it is strictly upto me (wrt expenses) if I want to take the attorney for interview.

Its just that clause "petitioner must be present" makes me scared, and I am thinking its my attorney. Am I right?

Has anyone had this happen to them before. Do you guys think I need to take the attorney with me?

All your inputs are much much appreciated. Thanks in advance.
 
Your attorney is correct. The local offices usually send standard interview appointment letter for both family and employment based interviews. The wording of the letter is the same.

In a family based case, the petitioner is the family member who filed for you (husband, wife, father, son, daughter, etc..). These will be required to accompany you to the interview.

In an emplyment based case, the petioner is your company. This would be your CEO or HR vice president. These are NOT required to accompany you to the interview.

The attorney is generally not needed for the interview; and actually they have a very limited influence on the results. They provide comfort to you, however, knowing that they are present in case something goes wrong. They are only helpful to explain the law to the officer in case he/she misinterpreted anything.

It all boils down to whether you can afford the expense. If you cannot, so there is no need to swet about not having the lawyer present. You can also try to hire a local attorney if need be just for the interview; however, most would not agree.

In the interview just be confident, politre and truthful. Answer questions with minimum words, and do not volunteer information. Be ready with copies of all documents; yet be practical. Put things in an organized folder to impress the officer.
 
if you think is case is straight forward (you have not violated the basic rules of employment based immigration ) and you have supporting documents in my opinion attorney is not required. I went thru the same and decided not to take my attorney with me.(mine was AC21 case).

if you still feel uncomfortable. try contacting a local attorney. they will charge you per hour basis. I contacted one he asked for 125$/hour ( for estimated 4 hours).

hope that helps
 
SD1963

I am also using AC21, did you get any RFE?
What all did they asked in the Interview?

Thanks,
 
Your petitioner is your company. You could find this on the paper you filed with INS. If I were you, I would call the local office, or go to the office to ask for help to clearify the letter for you. The local office usually have a time window everyday to have an office available to answer questions, receiving/distributing doc, etc. If
anything, you should be able to ask your HR who knows your case and can represent your company to go with you. Hope this helps.
 
Not necessary to take your lawyer along, but definitely useful. They know the points of law and the places where the adjucating officer should not go, and speak up. If they actually know the adjucating officer then even better. So if you are not paying for your lawyer, then I suggest you take him/her along for the interview!
 
neversay_never,
There is nothing wrong in going to your local INS office and verify/ask what exactly you are supposed to do. Just to be sure...
 
Originally posted by peace_of_mind
neversay_never,
There is nothing wrong in going to your local INS office and verify/ask what exactly you are supposed to do. Just to be sure...
Click to expand...


Yes I'd agree with that aswell. Also, call few numbers from USCIS customer service and visit local INS center.


Cheers!
Currys
 
bindass,

i got a rfe (employment letter) after replying my case got transferred. for my interview exp search in local thread with my id. i will try to answer if you have any specific question.
 
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