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Same-sex couple includes a person who has a prior marriage-based immigration case with an ex-spouse of the opposite sex.

Mountain View, CA |

All forms had been completed and submit but should we have an immigration attorney/lawyer on out interview date? Could this be a big problem during the interview? if so, how and what should we repair ourselves?

Attorney Answers 3


  1. The prior marriage may prove to be problematic depending on what happened during the course of that case. Additionally, USCIS will certainly be suspicious based upon the change is sexual preference.

    You should consult with an experienced immigration attorney BEFORE filing anything with USCIS. For information on what to look for when retaining immigration counsel click on the link below.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.


  2. You are well advised to seek immigration counsel immediately and have them be present at your interview. A mistake that is made many times by applicants is to try to handle matters without counsel where difficult issues present themselves. How to handle this issue will need to be discussed fully with counsel. As for whether it is a problem that will depend on several factors which should be discussed with counsel. Good luck

    No attorney-client relationship is created or implied by this communication.


  3. Yes, this could be tricky. Schedule a consultation with an experienced immigration attorney.

    Please see

    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.