USCIS interview went bad,really bad......

[templeton 120]

You are mistaking Constitutional rights in criminal matters with civil matters.

In criminal proceedings, you have a right to an attorney and the right to remain silent. You don't have those options in civil matters such as seeking a green card.

Immigration is civil. You do not have a right to an attorney in civil matters. You can bring one at your option, but you are not guaranteed the right to an attorney for a civil matter.

You do not have the right to be silent when seeking an immigration benefit. You need to answers questions if you want a green card.

Basically what I was getting ready to type. Thank you.

[Burnpro23 37]

"There is a chance I might be innocent"

What? You don't know if you are innocent or not? Seems to me like you committed fraud and are hoping that they prove it to you to convict you. Good luck.

[Robinhood21 2]

You have an ongoing investigation for fraud and you think that USCIS should have focused primarily on your marriage? Even though there are ways for Americans to bring loved ones to the country, the USCIS is more concerned about what's good for the nation than for keeping that citizen happy. So if they are concerned that you are going to be a bad resident due to an ongoing investigation than that will be their focus. In addition if they believe you're involved in one fraud, it would be a natural assumption that you wouldn't feel bad committing immigration fraud as well. Have you consulted a criminal attorney about the criminal investigation? If you have, be sure to tell them what you said. I would assume that your statements would be admissible in court. And the next time you get called to USCIS for an interview, take a lawyer.

Thank you for your advice.

I do have a lawyer now for the criminal matter and also I already talked to 2 pro-immigrant organizations.

[Ash.1101 1,755]

USCIS judges people everyday. People with clean records and normal relationships are judged by them daily and told their relationships aren't valid. This is with no red flags and the people never know what they did wrong, they apply again and get through no problems.

People with red flags are judged even harsher than those with none. USCIS judges character, and if you have a pending fraud case, then they can use that to judge your character. Simply having the case is enough for judgement for them as people generally don't just have fraud cases against them for no reason. If USCIS has access to it, they can use ANYTHING that they can find against you.

They aren't charging you with anything, your rights aren't being violated, they're doing what they do with everyone, judge a person (or peoples) character based on the information given, found, or obtained in any legal manner.


When you have a case against you for fraud, it's only common sense to question the honesty of the person you're interrogating for immigration purposes.


Keep talking to laywers. I've heard that people have brought their lawyers to interviews. but all the lawyers could do was make sure everything happening was legal. They couldn't talk for the people, they couldn't stop the people from answering questions, really, they don't have much affect. If USCIS asks a question, you have to answer it. If you don't, you'll raise more flags than if you answer honestly with a less than great answer.

Edited July 3, 2016 by Ash.1101

[KayDeeCee 4,893]

What visa are you adjusting from?

And the USCIS is there to judge you. That is their job. You applied to become a lawful permanent resident of the US. They conduct an interview, ask you questions, judge and decide if you are eligible or not.

[Robinhood21 2]

USCIS judges people everyday. People with clean records and normal relationships are judged by them daily and told their relationships aren't valid. This is with no red flags and the people never know what they did wrong, they apply again and get through no problems.

People with red flags are judged even harsher than those with none. USCIS judges character, and if you have a pending fraud case, then they can use that to judge your character. Simply having the case is enough for judgement for them as people generally don't just have fraud cases against them for no reason. If USCIS has access to it, they can use ANYTHING that they can find against you.

They aren't charging you with anything, your rights aren't being violated, they're doing what they do with everyone, judge a person (or peoples) character based on the information given, found, or obtained in any legal manner.

When you have a case against you for fraud, it's only common sense to question the honesty of the person you're interrogating for immigration purposes.

Keep talking to laywers. I've heard that people have brought their lawyers to interviews. but all the lawyers could do was make sure everything happening was legal. They couldn't talk for the people, they couldn't stop the people from answering questions, really, they don't have much affect. If USCIS asks a question, you have to answer it. If you don't, you'll raise more flags than if you answer honestly with a less than great answer.

Thank you,I will keep in mind.

[Robinhood21 2]

You are mistaking Constitutional rights in criminal matters with civil matters.

In criminal proceedings, you have a right to an attorney and the right to remain silent. You don't have those options in civil matters such as seeking a green card.

Immigration is civil. You do not have a right to an attorney in civil matters. You can bring one at your option, but you are not guaranteed the right to an attorney for a civil matter.

You do not have the right to be silent when seeking an immigration benefit. You need to answers questions if you want a green card.

Thank you for the clarification.

[Robinhood21 2]

"There is a chance I might be innocent"

What? You don't know if you are innocent or not? Seems to me like you committed fraud and are hoping that they prove it to you to convict you. Good luck.

Excuse me,whats your intentions??

You want me to confess in a open forum,that will never happen.

Of course,if there's no conviction then there's a tiny chance to be innocent.

One very popular case,everyone knows that he was guilty but the verdict was innocent....who??? OJ Simpson

[aaron2020 11,651]

Excuse me,whats your intentions??

You want me to confess in a open forum,that will never happen.

Of course,if there's no conviction then there's a tiny chance to be innocent. Wrong. Not guilty is not the same as innocent. Not guilty means the State did not prove its case. It doesn't mean the person was a "tiny chance to be innocent." Plenty of guilty people have been found not guilty.

One very popular case,everyone knows that he was guilty but the verdict was innocent....who??? OJ Simpson The verdict was "not guilty which means the State did not prove its case. Not guilty didn't mean he was innocent.

While a criminal case against you would require guilty beyond a reasonable doubt, USCIS does goes by a different standard.

You could be found not guilty in criminal court, but USCIS can still refuse a green card based on a preponderance of the evidence.

Edited July 3, 2016 by aaron2020

[kris&me 572]

Immigration tells you from the very beginning that they have the right to know everything about US citizen and foreign beneficary

yes, anyone can remain silent but that would not do you any good

Fraud in US or Venezuela?

[Robinhood21 2]

Immigration tells you from the very beginning that they have the right to know everything about US citizen and foreign beneficary

yes, anyone can remain silent but that would not do you any good

Fraud in US or Venezuela?

US

Edited July 3, 2016 by TBoneTX
to remove quote of noncontributory comment

[Robinhood21 2]

In a case like this one,do you guys think is a good idea to be represented by a non-profit organization???

[almost_umrican 53]

Hello everyone,here looking for advise and/or suggestions for our case.....

My wife (US Citizen) and I went to the interview early June,the interview last almost 3 hours,yes 3 damn HOURS.

Well,long story short,there's an ongoing investigation outside Immigration matters for something that I did few months ago and USCIS found out.

80% of the questions were related to the criminal investigation and 20% of our marriage,they don't even bothered to look for our marriage evidence (photos,bills,bank statements,etc etc)

Now,like I said,it's an investigation going on,I haven't been convicted or arrested,so I don't know if USCIS can rely on that.

Also,we went to our interview without lawyer because I wasn't prepared for this,so I don't know if people whose attend these interviews has rights,constitutional rights

Those interviews are recorded??

Do they suppose tell people about their rights before starts the interview???

Thank you in advance.

what were you guys told at the end of the interview ?

[JR loves JR 196]

Are you asking about the non profit representation for the USCIS or for the criminal case? It depends on the non profit. Some of them are good and some aren't. You'll have to do your own research to decide that.

Edited July 3, 2016 by TBoneTX
to delete reference to removed material

[Robinhood21 2]

what were you guys told at the end of the interview ?

To be honest with you,I don't remember that much,a mix of feelings at that moment,I think she said "we have to make a decision"