Common Issues

at Green Card Interviews.

Hosted by:Murali Bashyam and Ame Coats

Bashyam Spiro LLPwww.bashyamspiro.com

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Outline

1. General procedures andbasic issues—any type of GC interview.

2. Family-based GC interviews.3. Employment-based GC

interviews.4. Less common issues related to

any GC interview.

Today’s Dialogue Map…

General Procedures

Green Card Interview1. Adjustment of Status2. Interview in the US at applicant’s local

USCIS office (not always required)3. Interview/Appointment Notice4. Arriving for Interview and Waiting 5. The Interview6. Post-interview

All GC Interviews

Basic Issues for Applicants—Any type of GC Interview:

• Scheduling conflict on the day of interview.Call 1-800 number & send letter to local office asap. Do not assume your request

is approved--confirm at infopass appt. • No valid photo identification.

Renew or apply for passport from country of citizenship.

• Must travel abroad immediately after interview. Take evidence/tell the officer.

All GC Interviews

Basic Issues for Applicants—Any type of GC Interview:

• Not having original or certified copies of certain documents (i.e. Birth Certificate(s), Marriage Certificate, Divorce Judgments, etc.)

• Not having photocopies of all documents.• Birth Certificate does not exist or is incomplete.

For information on availability of documents in certain countries, check Foreign Affairs Manual:http://travel.state.gov/visa/fees/fees_3272.html

All GC Interviews

Basic Issues for Applicants—Any type of GC Interview:

• Underestimating the consequences of a citation or arrest. Dismissed charges and/or “minor” offenses can affect the case.

• Failing to have appropriate records of citations/arrests. Certified Criminal Record Search is usually not enough. Obtaining the correct records can be difficult.

Family-Based GC Interviews

Spouses, Parents & Children under 21 of US Citizens:

• Relative out of statusCompare to illegal entry.

• Relative worked without permission. *I-9 forms—information that is not truthful—potential big problem.

• Fraud issues— misrepresentations during visa application process and/or questions at Port of Entry

Family-Based GC Interviews

Spouses, Parents & Children under 21 of US Citizens:

• Documentation to Prove Relationship:Divorce Judgments, Marriage Certificates, and Birth Certificates:

Do you have a certified copy or the original? Is it the correct document? Is it complete? Is it valid?

• For marriage case– proving the marriage is bona fide. Everything and the kitchen sink! And a copy of each document.

Family-Based GC Interviews

Other Relatives of USCs and LPRs:

• Priority Date not current• Out of Status/Working without Permission• Documentation Issues with Birth Certificates, Name

Changes, Divorce Judgments, Marriage Certificates.

Employment-Based

• GC interviews often scheduled when:– Filed under 245(i)– Specific problem/questions about the case

– Can also be randomly selected

• Very Common—Officers inexperienced with employment-based GC cases

Employment-Based GC Interviews

Common Issues:

• Out of status at the time GC application filed.

• Out of status at some other time prior to filing GC application.

• Inconsistencies on Form G-325:Biographical information form—includes last 5 years of applicant’s employment

and residence

Employment-Based GC Interviews

Common Issues:

• Priority Date not current. • I-140 Approval Revocation/AC-21.• Not currently working for petitioning employer.• No intention of working for petitioning employer or in the

field.

Less Common Issues

Can apply to family, employment, or other type of GC case:

• Lost I-94 card• Prior J-1 status • Received Public Assistance• Registered to vote or voted in a US election

• In deportation proceedings now or in the past.

Questions for us?

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