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The interview process can be a rather
daunting experience for many clients. It's very understandable for
clients
to go into the interview with a great deal of anxiety. This anxiety
is understandable given that the decision made by the sole officer can
potentially have a huge impact on the client's future. That said we've
compiled a few tips and pieces of advice to get you through the
interview
process. Remember, it's the job of the officer in charge of the
interview
to detect fraud, thus even a small lie can potentially have an extremely
negative impact on your case. That said, take a deep breath, relax,
and prepare yourself by reading our step by step guide on what to expect
at a meeting with the immigration officer.
While we do not pretend to cover all
the possibilities of an interview, we will try to address a few of the
common interviews, give you some helpful advice, while throwing in a
few general tips. Note that interviews do not generally follow a pre
set pattern. They are done on a case by case basis and it would be
virtually
impossible to predict an exact scenario. Based on my personal experience
in the practice of immigration and nationality laws, I will cover many
issues in this article.
If you know the enemy and
know yourself, you need not fear the result of a hundred battles. If
you know yourself but not the enemy, for every victory gained you will
also suffer a defeat. If you know neither the enemy nor yourself, you
will succumb in every battle.
- Sun Tzu (The Art of War)
GENERAL RULES AND GENERAL TIPS
- Preparation, Preparation
and Preparation
Despite the fact that you are not going
to war and the immigration officer is not your enemy, the interview
process can be seen as a highly stressful “battle.” The best thing
you can do to ensure a successful interview is to adequately prepare
yourself for the interview. In order for you to be prepared, you will
need to know what the immigration officer is looking for in your file.
Thus the first rule is to know your file and your facts.
Here are a few things to remember:
- Although you may have hired
an attorney to prepare your case, the attorney is just presenting what
you have provided to him/her as information. It is important you
review
every single page of all of your applications including supporting
documents
such as affidavits, declarations, photos, etc.
- Have your documents ready
to be submitted at any interview. We recommend that you have a folder
with your original documents and a copy of those originals. You do not
want to be confused at the interview. Note that even if you have
submitted
some documents, you still want to have a copy in case any documents
were lost. Remember, making it easier on the officer, will in turn
make
it easier on you.
- Read a little about the
law that governs your case. For example in an asylum case, the officer
may be looking for “fear of persecution.” By reading about the law,
you will be able to have a better understanding of where the
interviewer's
questions are heading.
- If you do not speak English
very well, you may want to have a certified translator present during
your interview. Note that a translator has to be neutral. The
translator
cannot interpret what you are saying. He/she can only translate.
- Be on time for your interview.
It is recommended that you arrive at your interview at least 30
minutes
before the scheduled time. Most locations are heavily secured and may
require you to go through a security check which can potentially delay
your prompt arrival.
- Do not bring any weapons,
sharp objects, or any harmful objects with you.
- Bring every document which
the interview letter requests of you (if the letter specifies such
docs).
If you are missing some of the document(s), it is highly recommended
that you let your attorney know in advance.
- Bring the original interview
letter, your IDs, passport(s), and all other relevant documents.
- If you feel you have issues
or feel apprehensive, have an attorney handle your case. A good
attorney
will be present at the interview and can intervene in your favor. In
addition, the attorney can prevent possible abuses or be a witness to
any potential abuses.
B. Be Honest and Tell the Truth!
“And the truth shall set you free”
While being in an apprehensive
situation
or under stress, some people will lie hoping that it will make them
win the case. The truth is that lies often get you in more trouble that
you might think.
It is important that you are candid
both with your attorney and your immigration officer. Note lying to
the immigration services is a crime and it often backfires on the
clients.
If you do not remember something do not make up an answer. You are
allowed
to say that you do not remember.
C. Answer the question asked
Remember "…anything you say
can be used against you!”
Unfortunately in many situations,
people
tend to speak too much or fail to answer the question. For example if
you were asked “What time did you wake up?” Someone might
say: “Well, I had breakfast at 9, showered at 8, therefore I woke
up at 7 am.” This is a simple example in which the client has
volunteered
unsolicited information. The simple answer should have been "I
woke up at 7 am." Note that the officers are trained to “feed
on your answers” and detect fraud. Too much information can easily
distract the officer from their main goal of evaluating whether or not
you deserve to obtain immigration benefits.
D. Dress Code
Each culture has different rules and
customs in regards to proper dress attire. As per my own personal
experience,
conservative clothing is always welcome. However, always make sure that
you are wearing a comfortable outfit. Some interviews can last for hours
and you do not want to be uncomfortable.
E. Never Disrespect the Immigration
Officer
Immigration officers are usually
respectful
and sensitive to people's cultures and way of thinking. However, in
rare cases you may be faced with a very “strict” immigration officer.
Under such circumstances the only advice I have for you is to be patient
and to not under any circumstances lose your temper. If you have an
attorney present, any abuse can be documented and reported. Therefore,
do not disrespect the immigration officer, no matter what!
F. Do not be scared
While the interview process can result
in an arrest or in a denial, you are not going to be “tortured"
or subjected to unnecessary harm. Keep your composure and do not let
your fear take over the interview. Remember you can stop the interview
at any time. If you have any type of criminal issues, you will want
an immigration lawyer to review the case before you undertake an
interview.
I highly recommend having a good and reliable immigration lawyer by
your side.
F. Have an attorney to help!
An attorney is not a magician.
Therefore,
do not ask your attorney what they can do for you, instead ask what
you can do for your attorney so that the attorney can better help you.
Remember an attorney is not only your counsel but also an officer of
the court. He needs to be candid and truthful and in return you must
be truthful to him or her. It is imperative that you tell your attorney
the truth and not omit any information that can potentially have an
impact on your case. The attorney is not allowed to disclose any
privileged
information, however, an attorney cannot continue representation if
at any point, the client is trying to mislead or lie to the authorities.
Attorneys can help with the following issues:
- Prepare your documents with
due diligence
- Making sure that any anticipated
issues are handled appropriately
- Prepare you for your interview
- Be by your side at the interview
to avoid and/or document abuses
- Be a witness in case of
abuses
- Prevent potential mishaps
at an interview.
It is important to remember that each
immigration interview is different. Being adequately prepared
and having a good attorney on your side can make a huge difference.
Note that this is not a complete comprehensive guide to the interview
process. It is highly recommended that you have a thorough meeting with
your attorney before attending any interview with an immigration
officer.
The interview process is part and
parcel
of obtaining your non immigrant visa, your permanent residence, or your
citizenship. It would be foolhardy to assume that there may not be an
interview in ones case. Therefore preparing oneself for the interview
process can go a long way towards determining a person's success.
Remember,
the interview is one of the few instances in the immigration process
in which you will have a chance to show the immigration authorities
who you are as a person rather than as a collection of documents, forms,
and other paper work. So, prepare yourself well, don't lie to the
officer,
stay calm, answer the questions exactly as they are asked, keep your
files organized, and seek the counsel of an experienced attorney. Follow
these simple steps and you'll do well.
The information contained in this
article is provided for informational purposes only, and should not
be construed as legal advice on any subject matter. No recipients of
content from this article, clients or otherwise, should act or refrain
from acting on the basis of any content included in the site without
seeking the appropriate legal or other professional advice on the
particular
facts and circumstances at issue from an attorney licensed in the
recipient's
state. Shah Peerally is the managing for Shah Peerally
Peerally Law Group located in Newark CA. The office areas of practice
are Immigration and Nationality Laws www.peerallylaw.com Ph:510 742 5887
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