Hello. I am a US citizen and my spouse is undocumented. We are filing for her conditional permanent residency. Our immigration lawyer mentioned to us that not all couples in our shoes get interviewed after filing for conditional permanent residency. He said that in fact, if we go ahead and send enough evidence showing that we are truly married (when we send the required paperwork and payment) there is a chance we would not need to go to an interview. I thought we would ask since we have always thought everyone is interviewed.
In over 30 years of practicing immigration law, in every marriage case that I have prepared and submitted, the couple has been interviewed.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Like Attorney Shusterman, I have never seen a marriage-based permanent residency case where the couple was not interviewed.
(310) 207-4529. The information provided above is not, nor is it intended to be, legal advice. It is provided solely for the purpose of educating the public at large and is not intended to provide solutions to any individual problems. You are strongly encouraged to consult with an attorney before relying on any information so that the attorney can thoroughly review the facts applicable to your specific situation.
Yes, interview is something part of the process. There is nothing to fear as long as your marriage is bona fide. But you said your wife is undocumented, make sure she can adjust. Hire an attorney to help. You might want to watch this video on how the interview is conducted.
Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887
As the other attorneys have stated, the interview is a part of the petition process and should not be a cause for concern. I have never been involved in order heard of a case which did not require an interview. In some cases, there can even be two separate interviews (one to determine the validity of the marriage and one for adjustment of status), although I have never experienced such a case.
The focus should not be to attempt to avoid the interview, but to be prepared for your interview.