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

[Robinhood21 2]

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.

[Hypnos 6,576]

By being in the US, of course you have constitutional rights. The interview may have been recorded, although usually they tell you this ahead of time.

Without knowing what the "investigation" regards it's not possible to advise you further, other than to have component legal advice at hand.

Edited July 2, 2016 by Hypnos

[Anitafeliz 1,133]

You have rights i dont think they were violating any of your rights. Did you start the process with a lawyer?? if not i dont see why one should be there. Once you are denied (if you are) then you can involve the lawyers.

Be truthful

Edited July 2, 2016 by Anitafeliz

[soulstriker 274]

what was the crime , ?

[Robinhood21 2]

By being in the US, of course you have constitutional rights. The interview may have been recorded, although usually they tell you this ahead of time.

Without knowing what the "investigation" regards it's not possible to advise you further, other than to have component legal advice at hand.

I don't remember if they say something ahead,I do remember that they offered me an translator.

The investigation is for fraud and it's a State matter,not federal.

[Hypnos 6,576]

USCIS are very likely to be interested in anything fraud-related to a potential immigrant.

[Robinhood21 2]

You have rights i dont think they were violating any of your rights. Did you start the process with a lawyer?? if not i dont see why one should be there. Once you are denied (if you are) then you can involve the lawyers.

Be truthful

Oh yes,they do,never trust in any agency from the government.

We started the process and filing the forms without any lawyer.

Well,I have 2 old convictions (more than 15 years ago) but this it wasn't a problem.

Without a lawyer,they can do whatever they please,the interview converts into an interrogation.

Well we the right to have an attorney.....<<<<< I was aware of this

We have the right to have a translator....<<<<< they offered me one

We have the right to remain silent.....<<<<< I'm not sure about this,since they never mention anything

Edited July 2, 2016 by Robinhood21

[Anitafeliz 1,133]

We started the process and filing the forms without any lawyer.

Well,I have 2 old convictions (more than 15 years ago) but this it wasn't a problem.

Without a lawyer,they can do whatever they please,the interview converts into an interrogation.

Well we the right to have an attorney.....<<<<< I was aware of this

We have the right to have a translator....<<<<< they offered me one

We have the right to remain silent.....<<<<< I'm not sure about this,since they never mention anything

Trust and belive if those were rights to you they would offer you to bring an attorney like they did the translator.

I definatly wouldnt go back without one if you feel you need one.

Edited July 2, 2016 by Anitafeliz

[Anitafeliz 1,133]

https://www.uscis.gov/about-us/report-uscis-misconduct/report-uscis-employee-misconduct

If you feel your rights were violated not sure if this can help you...

[Robinhood21 2]

You asked for help, and you are not forthcoming with info that could help people answer you.

USCIS. They have the right to judge you. If there's even a hint of fraud, expect them to take a serious interest.

I'm sorry,the comment about judging was for another user.

I'm not sure if USCIS has the right to judge or denying our case based on a investigation.

Remember,it's a investigation,there's no conviction,so there's a chance that I can be innocent.

https://www.uscis.gov/about-us/report-uscis-misconduct/report-uscis-employee-misconduct

If you feel your rights were violated not sure if this can help you...

Thank you chula.

[Shauneg 762]

I'm sorry,the comment about judging was for another user.

I'm not sure if USCIS has the right to judge or denying our case based on a investigation.

Remember,it's a investigation,there's no conviction,so there's a chance that I can be innocent.

I didn't judge you. I told you if you don't want to answer something, don't. If you didn't want to be recorded then tell them. The second half of what I wrote was what USCIS is thinking and yes they certainly can judge and make decisions based on whatever they want.

Even I did choose to judge anyone, no one has to give me that right. I am my own mind...a free and independent thinking. No one has the to give permission to judge anything, we all judge everything in our life....luckily we live in a country that promotes independent thought and expression. My rights to judge and opine are derived from the Constitution I've pledged to defend. Happy a happy 4th of July.

Edited July 2, 2016 by Shauneg

[Shiobhan 235]

Some frauds (most) fall under CIMT, time to lawyer up

you say you have 2 old convictions over 15 years, to

uscis it matters that's why they are painstakingly doing

the review. Hire a lawyer now

[Anitafeliz 1,133]

Thank you chula.

Your welcome

[aaron2020 11,651]

Oh yes,they do,never trust in any agency from the government.

We started the process and filing the forms without any lawyer.

Well,I have 2 old convictions (more than 15 years ago) but this it wasn't a problem.

Without a lawyer,they can do whatever they please,the interview converts into an interrogation.

Well we the right to have an attorney.....<<<<< I was aware of this

We have the right to have a translator....<<<<< they offered me one

We have the right to remain silent.....<<<<< I'm not sure about this,since they never mention anything

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.

[JR loves JR 196]

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.