Wednesday, June 27, 2012

How to get ready For Your Immigrant Interview Or Hearing

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No matter how much establishment is made for the interview for the Form I-130 relative request for retrial and/or Form I-485 adjustment applicant, if the spouses are not living together, discrepancies in their answers to the same detailed questions would belie the existence of good faith marriage that is required to regain legal permanent resident status.

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A trained and experienced U.S. Citizenship and Immigration Services (Uscis) District Adjudication Officer (Dao) can frame and ask questions separately of the U.S. Habitancy petitioner and of the alien beneficiary to decree whether good faith marriage and shared life exist. Documents of shared life, photographs of the spouses before, during, and after the wedding, even joint revenue tax return(s) may not be sufficient. They can be no ifs ands or buts produced, even as the spouses are not no ifs ands or buts living together.

The interviewing Immigration Officer has to be convinced that the spouses got married because they love each other, and are living together as husband and wife. No more, no less. How do trained, experienced District Adjudication Officers or Assistant District Counsels of the branch of Homeland safety make this determination? By your answers to their questions while the interview or cross-examination in the Immigration Court.

Categories Of base Questions Asked And Intensity of Questioning By Daos:

This Author has personally attended the interviews and hearings of thousands of clients with the patrimony Ins and the Uscis and the Immigration Courts. The base questions asked by Daos and Assistant District Counsels can be categorized as follows:
(1) questions before the wedding;
(2) questions on the wedding;
(3) questions after the wedding;
(4) questions on living together;
(5) questions on work;
(6) questions on the family of each spouse;
(7) questions on special occasions;
(8) questions on personal possessions.

If the alien beneficiary is not in extraction (previously called deportation) proceedings, the Form I-130 request for retrial and the Form I-485 adjustment (green card) application are filed concurrently and adjudicated (decided) together by the assigned Dao. And if at the time of the interview, the marriage is less than two (2) years old, the grant of the Form I-130 request for retrial and the Form I-485 application would result in Conditional residence (Cr) for the alien for two (2) years.

Within ninety-days (90) of the second anniversary of the grant of the Cr, the spouses should jointly file Form I-751, extraction of Conditions on Residency, or unilaterally if separated, divorced, or widowed. There is a second interview for the Form I-751 application.

Thus, the questioning is not as intense, if the marriage is less than two (2) years. Similarly, the questioning is not as intense, if the alien is not in extraction proceedings. The questioning is most intense, if the alien got married after he or she had been located in extraction proceedings by aid of a notice To Appear (Nta) before an Immigration Judge. Clear and convincing evidence, not mere fifty-one percent (51%) of the preponderance of the evidence, is required for adjustment in case of marriage while extraction proceedings.

Questions On Facts And Events Before The Wedding:

In this category, the base questions asked are as follows:
(1) When and where did you first meet?;
(2) If a base friend introduced you to each other, what is his or her full name?;
(3) On what occasion were you introduced, and who were present on that occasion?;
(4) When and where was your first date?;
(5) How many dates did you have before you proposed?;
(6) When and where did you propose?;
(7) When and where did you meet each others parents and members of the family?;
(8) What are their names and approximate ages, occupations?;
(9) What gifts did you give each other before the wedding?;
(10) When and where did you ask the parents of your bride permission to marry her?;
(11) Did you have a wedding planner?;
(12) If so, give her full name, address, and how much he or she expensed both of you for his or her services?; and
(13) When and where did you live together before the wedding?

Questions On And After The Wedding And Honeymoon:

In these categories, the base questions asked are as follows:
(1) When and where were you married?;
(2) Who married you?;
(3) Who are the persons who attended the wedding?;
(4) Were photographs taken while the wedding?;
(5) Where is your photo album?;
(6) Where was the wedding reception?;
(7) Who attended the wedding reception?;
(8) How much did you pay for the wedding ceremony?; for the wedding reception?;
(9) Where and when was your honeymoon?;
(10) How much did you spend for your honeymoon?;
(11) Where did you get the money for your wedding?; for your honeymoon?;
(12) What activities did you do while your honeymoon?;
(13) Where did each of you work at the time of the wedding?;
(14) What was the name and telephone whole of your supervisor?; and (5) What was your job record and salary while your wedding?

Questions On Facts And Events On Living Together:

In this category, the base questions asked are as follows:
(1) Look at me (Dao) in my eyes, and can you say that you married your spouse for love, and not for a green card?; or for money you were paid?;
(2) Where did you live right after your wedding?;
(3) Where do you live now?;
(4) If you are renting, give the name and phone whole of your landlord?;
(5) How much is your monthly rent?; Who pays for it?;
(6) If it is an apartment, how many bedrooms are there?;
(7) If you are renting a room in a house, who are the other tenants?;
(8) What is your telephone whole at home?; your cell phone number?;
(9) Are you renting a furnished apartment?;
(10) divulge the furniture in your apartment?;
(11) If you furnished it, where did you buy the bed?; for how much?; how was it delivered?; who paid for it?;
(12) What part of the bed do you sleep?; what part of the bed your spouse sleeps?;
(13) What do you wear for sleeping?; what does your spouse wear for sleeping?;
(14) Do you cook?;
(15) What did you cook last night?; what is your popular food?; what is your spouse's popular food?;
(16) divulge the color of the tile in your bathroom?;
(17) What is the make and distance of your Tv in your bedroom?;
(18) How do you pay your rent?; utilities?;
(19) What kind of prestige cards do you have?; your spouse has?;
(20) Did you file joint revenue tax returns?;
(21) Do you have joint bank account(s)?; where?; how much is the current balance?; and
(22) What is the distinguishing feature of your rented house?; apartment building?

Questions On Work And The family Of Each Spouse:

In these categories, the base questions asked are as follows:
(1) Where do you currently work?;
(2) Give full name and telephone whole of your supervisor?;
(3) What are your job duties?;
(4) How much salary do you currently make?;
(5) Do you have benefits at work such as medical/dental insurance?;
(6) What are your work hours?;
(7) How do you get to work?;
(8) Where does your spouse currently work?;
(9) What is the full name and telephone of his or her supervisor;
(10) What kind of work does your spouse do? How much salary does he or she makes?;
(11) When did your alien spouse start to work?;
(12) Who are the parents of your spouse?; where do they live?;
(13) When was the last time both of you visited your in-laws?;
(14) How old are your in-laws?;
(15) If your in-laws are working, what do they do?;
(15) Who are the brothers and sisters of your spouse?;
(16) If your in-laws did not attend your wedding, what was their reason for not attending?

Questions On special Occasions And Personal Possessions:

In these last two (2) categories, the base questions asked are as follows:
(1) What did you do while the last birthday of your spouse?;
(2) What gift did you give him or her for his or her birthday?;
(3) What did you do for your last wedding anniversary?;
(4) What gift did you give to your spouse while your last anniversary?; (
5) What did you do last Valentine's Day?;
(6) What gift did you give each other?;
(7) What did you do last New Year's Eve?;
(8) What did you do last Christmas?;
(9) What Christmas gift did you give your spouse?;
(10) Does your spouse own a vehicle?; what is its make and year?; what is its color?;
(11) Are you in the assurance course of your spouse's car as an authorized driver?
(12) Do you own a car?;
(13) Does your spouse drive your car?;
(14) Is your spouse in the assurance course of your car?;
(15) Does your spouse have life insurance?;
(16) Who is the beneficiary in your spouse's life assurance policy?;
(17) What is your spouse's popular jewelry that he or she wears more often than others?

Ultimately, the truth normally comes out after intense interrogation: good faith marriage or marriage fraud, punishable as a federal felony with imprisonment for up to five (5) years and 0,000.00 fine under Ina Section 275(c).

***

(The Author, Roman P. Mosqueda, has practiced immigration law for over twenty (20) years.)

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