IS AN INTERVIEW REQUIRED FOR MY IMMIGRATION CASE?
The path by which you are immigrating to the United States determines whether or not you would need an interview. You do need to successfully complete an interview if you are immigrating through marriage to a US Citizen. Most employment-based immigration cases do not require interviews, but know that USCIS officials may, at any time, ask you to complete an interview.
During My Interview, What Questions Will I Be Asked?
The questions you will be asked during your interview will be related to the specifics of your case. Cases where residency is gained through marriage to a US Citizen will have interviews that focus on the validity of the marriage. Questions they could ask might include basic information about the layout or design of the home, or the location of different items. They may also ask for basic information that you should know about your spouse, including their birthday and vacations you’ve taken together.
After My Interview, What Are The Next Steps In the Immigration Process?
Within a few weeks after the interview, you would receive notification from USCIS that you successfully passed your interview. Alternatively, authorities may not send communication, and instead hold your case. In these situations, in order to get them to make a decision, we may have to put enormous amounts of pressure on them.
USCIS may also request additional evidence, or give you a chance to respond to an impending denial of your case with a notice of intent to deny. In this situation, when they officially deny the case, you are able to file an appeal.
What Is The Timeframe For Receiving A Decision from Immigration?
There are different timeframes for each case, as no cases are alike. Cases involving marriage to a US Citizen take about six months from beginning to end. However, some cases involving employment can be decided within two weeks, through premium processing.
Once Immigration Approves My Case, What Documentation Will I Receive?
USCIS authorities use document form I-797 for official communications. Clients will receive receipt notices after a case has been filed, and an approval notice when approving your case.
When Applying For Immigration Status, Who Would Be Considered Family?
USCIS uses the term immediate family, though it does not have the exact same meaning in everyday English. Only the spouse of a US Citizen, children of a US Citizen under age 21, or the parents of a US Citizen are considered immediate relatives. Spouses of US Permanent Residents are not considered immediate relatives.
The advantage to an “immediate relative petition” is that you are only waiting for the time it takes to process your application, and not an additional set waiting period. For those who do not meet the immediate relative definition, a visa bulletin will determine the length of their waiting period. The only family members that can have a US Citizen petition for them are spouses, children both under and over age 21, parents, and siblings.
What Types of Challenges Will I Face In The Immigration Process?
Like any government agency, USCIS has both employees who are very knowledgeable, and those who are not. Many times, officers are overworked, with more cases than they can handle and not enough officers to process them. There can be inconsistencies between different officers, to the point that it could result in a different outcome for your case. This is why working with an experienced immigration attorney is critical. An immigration attorney who is experienced will be able to help navigate your case, to attempt to get the best possible outcome, despite any difficulties that may pop up.
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