Presence of Immigration Lawyer during Interview

[Pinkranger 0]

Hi, just a short question...

Would the presence of an immigration lawyer make a difference during the interview?

[crystal01 29]

I don't have any experience yet with the embassy interview but from what I have read here, some consuls don't even allow the presence of the USC and will ask them to wait outside. Lawyers can help you prepare your documents and coach you with how to answer but they won't be allowed to be with the foreign national during the interview. The only exception is if it is a minor. Here, I found a good article regarding this :

http://www.articlesbase.com/immigration-articles/visa-interview-at-the-us-embassy-and-attorney-present-2659250.html

Some people believe that they can have an attorney represent them at their visa appointment interview. This is actually not permitted at the US Embassy, however, at the United States Citizenship and Immigration Service (USCIS) an American lawyer can appear on your behalf.

The general rule for most US Consulates and Embassies is that only the foreign national applying for the visa may appear for the interview. No legal representation is allowed and no one else can appear with you, such as a friend or spouse. The exception is when the foreign national is a minor, then a legal guardian or attorney may appear on the minor's behalf.

The United States Department of State follow the United States Foreign Affairs Manual (FAM) which gives guidance to State employers and attorneys on correspondence with client's representatives. Each consulate has the discretion to establish its own policies regarding attorney representation, and generally consular officers will correspond with the attorney directly so long the attorney has submitted a properly executed G-28 Notice of Representation. If so then the officers will notify the attorney of records regarding issues with their client's case.

The advantage to this direct communication is invaluable when the attorney is "on the ground." This expedites and removes any unnecessary delays via mail or phone, merely by the attorney being able to appear before the consular officer to make a direct inquiry. This being said, the State employees are required to provide the same communication to American lawyers in the US and abroad.

While American attorneys are not accompanying visa applicants to interviews, there's an infinite amount of information from websites promising legal representation at the US Embassy. These visa agents are not permitted to enter as the attorney of record and thereby prohibited from submitting a G-28 form. Without this executed g-28 form in place, the US consular officers will not communicate with anyone except the alien applicant regarding the status. Therefore, while American attorneys are not at the interview, they are able to investigate and facilitate the case to adjudication.

Read more: http://www.articlesbase.com/immigration-articles/visa-interview-at-the-us-embassy-and-attorney-present-2659250.html#ixzz1EbYrzuTF

Under Creative Commons License: Attribution

[Pinkranger 0]

thanks for the article, crystal01! this one helps.

[crystal01 29]

glad to help

[Harpa Timsah 13,258]

The OP is talking about an interview in the states for an AOS application. In that case the USC is required to be present. Lawyers are allowed to attend the interview, though I don't know if they would be of any help. You answer questions about your status and your relationship, not something a lawyer can help with. If it makes you more comfortable, then go ahead. Good luck.

[Pinkranger 0]

The OP is talking about an interview in the states for an AOS application. In that case the USC is required to be present. Lawyers are allowed to attend the interview, though I don't know if they would be of any help. You answer questions about your status and your relationship, not something a lawyer can help with. If it makes you more comfortable, then go ahead. Good luck.

thanks for the reply, Harpa Timsah. I share the same view, actually. The interviewer might view it as defensive move from us if we bring in an attorney anyway. again, thanks!

[ceadsearc 516]

We used an attorney but he did not come to the interview us, and did not need to. He was available to help us with paperwork and for any questions we had, and had we run into any issues at the interview he would have hopped on over (he worked about 10 minutes away) but it was no issue.

[amykathleen2005 441]

If I read correctly one of the fraud indicators they look for is a lawyer who tries to butt into the interview (as in speaking for the applicants, etc.).