Should my Attorney come to the Interview?

[Lisa011 6]

Im AOS thru my U.S Husband, I came here on a Visa waiver when i was 12 and have stayed ever since, since my case is a little complex we hired an attorney to file my papers, I recently recieved my Interview Letter, and the attorney charges $500 to appear at interviews, my questions is should we have him come to the interview. it is alot of money to pay but at the same time with my case and recent denials in visa waiver overstay would it be better if i was just safe and had they attorney come?

[caeremonarius 26]

My wife and I were in a similar predicament, although her overstay was not nearly as long as yours. Please read my review of our interview as to why we had our attorney present at our interview.

Good luck!

AJ

P.S. To see our review, just click the "Timeline" link on the left under my username.

Edited January 15, 2011 by caeremonarius

[juliava 80]

I came to US on J-1 visa but I had over 3 years overstay. However, I chose to not have our lawyer at the interview as despite overstaying there were no other issues to worry about.

I know it's hard for you to decide having or not having an attorney by your side. If I were in your shoes, probably I would though, as currently adjusting from VWP is such a confusing immigration issue.

Keep in your mind that having an attorney with you at the interview doesn't guarantee an approval, however it would be an efficient way to represent yourself in case things turn uggly. Good luck to you, Lisa!!!!

Edited January 15, 2011 by juliava

[JimVaPhuong 4,863]

Im AOS thru my U.S Husband, I came here on a Visa waiver when i was 12 and have stayed ever since, since my case is a little complex we hired an attorney to file my papers, I recently recieved my Interview Letter, and the attorney charges $500 to appear at interviews, my questions is should we have him come to the interview. it is alot of money to pay but at the same time with my case and recent denials in visa waiver overstay would it be better if i was just safe and had they attorney come?

If an AOS interview was a legal proceeding then I would say yes, absolutely, your lawyer should be there. In a legal proceeding an attorney can submit motions and raise objections that can dramatically change the outcome. However, an AOS interview is not a legal proceeding. The IO is in charge. There is nothing the lawyer can do or say that will change the outcome, and the IO isn't even required to let the attorney speak.

On the other hand, if things go seriously bad at the interview then having your attorney present will help avoid having to explain to him what happened. I suppose it's even possible that an attorney might be able to submit an immediate appeal to prevent you from being taken into custody after the interview, but I don't personally know of any case where an attorney was able to do that.

If I were in your shoes, I'd want my attorney there as a witness, even if they couldn't do anything else.

[Lisa011 6]

My wife and I were in a similar predicament, although her overstay was not nearly as long as yours. Please read my review of our interview as to why we had our attorney present at our interview.

Good luck!

AJ

P.S. To see our review, just click the "Timeline" link on the left under my username.

I did read your review of your interview & Congratulations!!!!!

It was very helpful, We are more then likley going to go thru with the attorney, and after reading your review Ive made my decision

Thank you!