Bring a Lawyer to N400 Interview: Yes or No?

[*FishF00D* 45]

1 hour ago, Ontarkie said:

Most of the threads I have seen on here where the marriage questions come in,  is usually when ROC and divorce happens so soon after approval or there were other red flags in the history. 

Being you filed ROC with the waiver your case is already more upfront. Nothing sneaky you're trying to get by them. 

 

Bring the lawyer if the fee won't hurt you and it gives you peace of mind. 

 

Precisely true; when I filed the ROC I included a very lengthy letter describing the course of our relationship - including my ex's eventual turn to drugs etc. so it's all on the table. So ready for all of this to be in my past!

[Mike E 11,739]

17 minutes ago, JeanneAdil said:

The lawyer can't stop USCIS from asking any  question

Tell it to my wife’s lawyer

 

In my own N-400 interview, the ISO started my English test. Me: “nope, it is after 5pm, you and I want to go home, and I am exempt.”

Edited July 18, 2023 by Mike E

[*FishF00D* 45]

9 minutes ago, JeanneAdil said:

 The lawyer can't stop USCIS from asking any  question, and can't answer the questions for you. In fact, you'll find that the lawyer has to sit quietly through much of the interview.

 

The representative’s role is to ensure that the applicant’s legal rights are protected. A representative may advise his or her client on points of law but should not respond to questions the officer has directed to the applicant.

 

https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-3

 

I appreciate the POV and link to the policy manual. While a lawyer can't answer for an applicant or stop the IO from asking appropriate questions relating to the case at hand, they can intervene if an IO is asking a question that they aren't entitled to ask (per someone's personal experience in an earlier reply on this thread).

 

Additionally, I did consult with a lawyer before filing my ROC with divorce waiver (since it seemed complicated) and she described that without an lawyer present an IO can technically ask anything they want - so having someone else in the room who knows what's appropriate and what isn't will usually prevent an IO from going off-tangent. She also advised that if I were called to an interview for the ROC to definitely have a lawyer present given the traumatic nature of my divorce - but I was granted the 10yr-GC without interview so I didn't end up needing someone back then.

[TBoneTX 45,259]

30 minutes ago, *FishF00D* said:

I wish I had the faith in myself required to be so level-headed and thoughtful in the moment! In situations like these I not great at asking someone in a position of power to stay within their respective boundaries - but it's a useful skill for someone who can!

The hardest thing to do is (as a U.S. Marine told me) to "keep head" under pressure.

26 minutes ago, *FishF00D* said:

it's all on the table

Then there should be no more questions, honestly.  See second reply below.

Edited July 18, 2023 by TBoneTX

[TBoneTX 45,259]

12 minutes ago, *FishF00D* said:

she described that without an lawyer present an IO can technically ask anything they want - so having someone else in the room who knows what's appropriate and what isn't will usually prevent an IO from going off-tangent.

Like asking a barber if you need a haircut.    Well, kinda.

[TBoneTX 45,259]

16 minutes ago, *FishF00D* said:

I was granted the 10yr-GC without interview

This is what suggests to me that you won't be grilled about your marriage.  If it were going to happen, it would have been at ROC time.  That was so long ago that it's water under the bridge by now.

Edited July 18, 2023 by TBoneTX

[Ontarkie 14,217]

1 hour ago, *FishF00D* said:

 

Precisely true; when I filed the ROC I included a very lengthy letter describing the course of our relationship - including my ex's eventual turn to drugs etc. so it's all on the table. So ready for all of this to be in my past!

I wish there was a hug reaction but I'll send you this virtual hug 🤗.

I really don't think  you need a lawyer. Of course a lawyer wants you to retain them. That is how they make money. Just do what will make you feel the most confident and comfortable. 

[Cathi 5,746]

I don't think you need a lawyer. 

[*FishF00D* 45]

1 hour ago, TBoneTX said:

Like asking a barber if you need a haircut.    Well, kinda.

 In fairness, I have had the experience of an immigration officer at the border/customs asking me questions they "shouldn't" have about my immigration status while I was alone -- it was very uncomfortable and I thought I was obligated to answer anything they asked of me. I only found out after the fact that what they asked me was inappropriate, so having had that experience once already is part of what sways my perspective!

[TBoneTX 45,259]

45 minutes ago, *FishF00D* said:

I have had the experience of an immigration officer at the border/customs asking [...]

CBP agents are under indescribable pressure right now.  However, even at best, many of them are in foul humor and are looking to nail someone.  "Sir/ma'am, I would like for us to include your Port Director in this conversation."   

[*FishF00D* 45]

2 minutes ago, TBoneTX said:

CBP agents are under indescribable pressure right now.  However, even at best, many of them are in foul humor and are looking to nail someone.  "Sir/ma'am, I would like for us to include your Port Director in this conversation."   

 

Yeah this happened a few years ago (right before filing for ROC) - I guess they gotta keep it interesting for themselves hey! 😂

[Ketsuban 1,034]

If it helps you to feel any better, I got divorced about a month before I filed for citizenship and all I got asked during my N400 interview about it was to just confirm the date it was finalised. I didn't do a divorce waiver for my I-751 (that happened about five years ago when we were still married) but I was worried about scrutiny as well. I just thought it made more financial sense to go for citizenship rather than pay to change the name on my green card and then having to do citizenship later anyway. That was going to be my answer if pressed 🤣

[*FishF00D* 45]

On 7/18/2023 at 2:01 PM, TBoneTX said:

You can get away with it without having to pay an attorney.

Your having waited for 5 years should preclude questions about the marriage.

If you're asked, pleasantly reply, "I'm applying under the 5-year rule, under which marriage queries are precluded, sir."  Repeat as necessary.

The magic words are, "Let's please include your supervisor in this interview now, sir."  Repeat as necessary.

Practice in front of a mirror until you're comfortable with these responses.

 

Following up, I have decided to hire an attorney and we went over the details of my case yesterday in preparation for my interview that's scheduled for tomorrow.

 

He said that it's incredibly rare for ROC based on a divorce waiver to have been granted without interview (my case), and also confirmed that USCIS likes to take the N400 as an opportunity to review the GC application - so his perspective is that based on both factors it's more likely that they'll address the divorce than not.

Whether that means they simply ask to confirm, "Why did you get divorced?" vs. press for details I don't know -- but I'll be happy to have someone in the room with me either way!

[AnotherLove 34]

4 minutes ago, *FishF00D* said:

 

Following up, I have decided to hire an attorney and we went over the details of my case yesterday in preparation for my interview that's scheduled for tomorrow.

 

He said that it's incredibly rare for ROC based on a divorce waiver to have been granted without interview (my case), and also confirmed that USCIS likes to take the N400 as an opportunity to review the GC application - so his perspective is that based on both factors it's more likely that they'll address the divorce than not.

Whether that means they simply ask to confirm, "Why did you get divorced?" vs. press for details I don't know -- but I'll be happy to have someone in the room with me either way!

 

Your divorce waiver application must have been spotless and all thorough so USCIS granted your GC without an interview. Don't worry. I have a good feeling for you.

 

Just be honest as always - bring the attorney with you. Nothing wrong with that. Keep us posted!! Wishing you good luck tomorrow!!!! Keep your head up.

[Rocio0010 5,579]

11 hours ago, *FishF00D* said:

He said that it's incredibly rare for ROC based on a divorce waiver to have been granted without interview (my case)

That’s not true. We’ve seen tons of divorce waivers being approved here without an interview. Of course the attorney will tell you that; they want people to hire them for something easy.

 

Regardless, good luck tomorrow. Do report back