The final step in the marriage-based green card process, the I-130 and I-485 based on marriage to a U.S. Citizen, is the interview. Having represented numerous clients in these cases and also having accompanied clients in these interviews in cities such as:

• Baltimore
• Chicago
• Cleveland
• Columbus
• Cincinnati
• Hartford
• Houston
• Los Angeles
• Newark
• New York
• Seattle

… we thought of compiling a list of questions that may be asked in the future, and to write an informative post about the interview itself.

Please note that these questions are simply guidelines on which topics officers usually focus on, and is not exactly what they ask or a guarantee that these would be asked. They could ask more, and they could ask less. Each case is different.

In terms of how long the interview is, it also depends on the facts of the case and the officer you have. I’ve had some that lasted less than ten minutes, while I’ve also had some that lasted about two and half hours. I’ve had some that were interviewed together, and I’ve had some that were interviewed separately. It depends on several factors – the length of marriage, age difference, etc.

Basic Steps

• Check In: Each office has their own procedure, but typically, you first bring your interview notice to the check-in counter, the officer would ask you to take a seat, and they will call your name. Some offices like Arlington and Chicago have those buzzers (like those you get while waiting for a seat in chain restaurants) that vibrate once your turn is up.

• Oath: The officer administers an oath. “Raise your right hand… do you swear or affirm… truth, whole truth… etc.”

• Identification and Basic Documents: The officer would then ask for identification and basic immigration documents – driver’s licenses, passport for the beneficiary, naturalization certificate or birth certificate for the petitioner, birth certificate for beneficiary, marriage certificate, divorce decrees.

• Forms: The interview itself usually starts with the forms I-130, G-325, and I-485. This is pretty informative. Name, birthday, address, divorce information, entry and visa information, parents’ names, and the yes / no inadmissibility questions on Form I-485 (criminal record, fraud, J-1 waiver, public charge etc.) will be asked.

• Bona Fide Marriage: From there, the officer would then proceed with the relationship itself. The sample questions are below. After the questions are asked, the officer would then ask for any supporting documents you have about your relationship. Joint tax, returns, joint bank statements, joint lease, joint insurance documents, utility bills with both names and a common address, pictures taken in different places with friends or family in it, affidavits, are some examples of documents they typically ask. Note that some offices now require that copies of these be made beforehand, as these documents are to be submitted to the officer.

Sample Bona Fide Marriage Questions

1. When did you meet?
2. Where did you meet?
3. When did you first meet in person?
4. Who introduced you to each other?
5. How did you meet?
6. How long did you talk?
7. What happened after?
8. How often did you talk to each other over the phone after you initially met?
9. How often did you see each other after you met?

Courtship and Dating Questions

10. How soon after you met did you start dating?
11. How often did you go out?
12. How often did you talk on the phone?
13. Give us examples of restaurants you went to?
14. Give us examples of some movies you watched together?
15. Did you ever travel out of town while you were dating?
16. Where did you go?

Proposal

17. How did you decide on getting married?
18. When did he propose?
19. Where did he propose?
20. Did he give you a ring?
21. Where did you buy the ring?
22. How did he propose?

Wedding

23. Did you get married in Court or in Church or both?
24. Which Court did you go to?
25. Around what time was the Court wedding?
26. How many people where with you in Court?
27. What did you do after you got married in Court?
28. Did you eat out after you got married in Court?
29. Where did you eat?
30. Who were with you at the restaurant?
31. Which Church did you go to?
32. Around what time was the Church wedding?
33. How did you get to the Church?
34. How many people attended the Church wedding?
35. Did you have a reception?
36. Where was the reception?
37. Around what time was the reception?
38. Around how many people were in the reception?

Family

39. Have you met your spouse’s parents?
40. What are their names parents?
41. When did you first meet your spouse’s parents?
42. Where did you first meet them?
43. How many brothers and sisters does your spouse have?
44. Have you met your spouse’s brothers and sisters?
45. When did you first meet your spouse’s brothers and sisters?
46. Where did you first meet your spouse’s brothers and sisters?
47. Does your spouse have any kids?
48. What are their names?
49. Where do they live?
50. Where do they go to school?
51. Who takes them to school?
52. How do they go to school?
53. How old are the kids?
54. When was the last time you saw her parents?
55. What was the occasion?
56. When was the last time you saw her brothers and sisters?
57. What was the occasion?

Employment

58. Where does your spouse work?
59. What does your spouse do?
60. What are your spouse’s hours at work?
61. What is your spouse’s salary?
62. How does your spouse get to work?
63. What is your spouse’s position at work?
64. Does your spouse drive, take the subway, bus, or walk to work?
65. Which bus does your spouse take?
66. Which subway does your spouse take?
67. Which subway station does your spouse go to for work?
68. Which subway station does your spouse get off at?
69. How long does it take for your spouse to get to work?
70. How many days per week does your spouse work?
71. What days are they?

Residence

72. Do you live in a house or apartment?
73. How may bedrooms in the apartment?
74. How many bathrooms in the apartment?

Special Occasions

75. What did you do for Christmas, or Thanksgiving, or 4^th of July Weekend, Labor Day Weekend, Memorial Day Weekend etc.?
76. What did you do for her (or his) birthday)
77. Did you give her a gift for her birthday?
78. What gift did you give her?
79. Did you give her a gift for Christmas?
80. What gift did you give her?

Recent Events

81. Did you eat together last night?
82. What time did you eat?
83. What did you eat?
84. Did you sleep together last night?
85. What time did you sleep?

Other

86. Was there any point in your marriage where you did not live together?
87. How long a period was this?
88. What was the reason for not living together for that period?
89. Where did your spouse live during that period?
90. What address?
91. Does your spouse have tattoos?
92. How many tattoos?
93. Where are they located?
94. Does your spouse have criminal records that you know of?
95. What are they?
96. When did they occur?
97. Where did they occur?
98. Did your spouse get hospitalized over the past year?
99. When?
100. Which hospital did he go to?

As mentioned, the answers to these questions or inconsistencies in your answers can lead to more questions. But typically, as to the areas or topics the officers asks, your meeting, courtship, proposal, wedding, family, employment, and residence are going to be questioned.

If you have an questions for me, please fill out the FREE CONSULTATION form below.

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CASE: I-821D Application for Consideration for Deferred Action of Childhood Arrivals / I-765 Employment Authorization DocumentAPPLICANT / BENEFICIARY: Korean Client in Dayton, OH

As our office explained before on our website, the USCIS issued a memorandum in August 2012 regarding deferred action of childhood arrivals cases.  According to the USCIS Deferred Action Memorandum issued in August 2012, an individual who meets the following criteria may apply for deferred action:

• Was under the age of 31 as of June 15, 2012;
• Came to the U.S. before reaching his/her 16th birthday;
• Has continuously resided in the U.S. since June 15, 2007, up to the present time;
• Was physically present in the U.S. on June 15, 2012, and at the time of application to the USCIS;
• Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
• Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
• Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;

Our client’s brother contacted our office immediately after he heard of this relief on the news.  His younger brother, our client, initially came to the United States in December 2000 with a valid B-2 visitors visa when he was only 8 years old.

As of June 15, 2012, our client was twenty (20) years old.   Also, our client was studying at a college in Dayton, Ohio. Our client went to grade school, middle school and graduated from high school in the United States.  Also, since his last entry to the United States in December 2000, our client never left the United States.

He was physically present in the United States on June 15, 2012 and has continuously resided here since December, 2000. Our client has never been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.  So, our client was clearly eligible for deferred action.

Our client retained us on August 21, 2012.  Once retained, we informed him of all supporting documents we would need.  Our client and his family members sent us supporting documents that prove our client’s education history, physical presence in the United States, and his initial entry to the United States.  Our office also prepared Form I-821D and I-765, and drafted a detailed cover letter demonstrating why our client should merit this relief.

On August 30, 2012, our office filed his I-821D and I-765 to the USCIS.  Our client went to the ASC Appointment (Biometric appointment) at the Cincinnati USCIS office on October 2, 2012.  On November 2, 2012, the USCIS approved our client’s I-821D and I-765.  It is good for two years, and our client can now work and study in the United States lawfully.

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CASE: Cancellation of Removal for Permanent Residents
CLIENT: Peruvian (Green card holder / detained)
LOCATION: Cleveland Immigration Court in Ohio

Our client came to the United States in 1992 when he was a child. Through INA Section 245i, he got his green card in 2001. He has been in the US ever since. His brother and mother are both US Citizens.

Unfortunately he was convicted of certain crimes over the past decade. He had domestic violence, theft, DUI, and violation of protection order convictions. Because of these the Immigration and Customs Enforcement (ICE) picked him up and detained him in August of this year. He was not eligible for a bond due to his criminal convictions. He was also removable on three grounds due to those convictions.

Our client’s friends and family members contacted our office in late August for legal representation. We were retained on August 27, 2012. The case at the onset was tough. He was not married to a US Citizen. He had US Citizen kids but they don’t live with him. He had family in the US, a US citizen brother and mother, but they both reside in New Jersey. His grounds for removability were also based on three grounds. His only relief was Cancellation of Removal. It was going to be a tough case. We knew it and he knew it.

Prior to his hearing, we visited our client twice in jail. Over the course of the entire representation, our firm’s attorneys visited our client more than five times. Our client appeared at his master calendar hearing at the Cleveland Immigration Court in Ohio via televideo from the detention facility and Attorney Sung Hee (Glen) Yu represented him at the hearing and sought cancellation of removal relief for permanent residents.

Under INA Section 240A(a), for a permanent resident to be eligible for Cancellation of Removal, the alien must prove that s/he:

• Has been an LPR (green card holder) for at least five years;
• Has resided in the United States continuously for seven years after having been admitted in any status;
• Has not been convicted of an aggravated felony; and
• Merits a favorable exercise of discretion.

The criteria for favorable exercise of discretion was explained in Matter of C-V-T-, 22 I&N Dec. 7 (BIA 1998). The BIA in C-V-T stated that the factors that the immigration judge must consider when deciding whether to grant cancellation of removal to a lawful permanent resident are as follows:

The positive factors are:
• family ties in the United States, particularly ties to lawful permanent residents or U.S. citizens;
• residence of long duration in the U.S. (particularly when the inception of residence occurred at a young age);
• evidence of hardship to the Respondent and his family if deportation occurs;
• service in the U.S. armed forces;
• a history of employment;
• existence of property or business ties;
• evidence of value and service to the community;
• proof of genuine rehabilitation if a criminal record exists;
• other evidence attesting to a Respondent’s good character.

Adverse factors include:

• nature and underlying circumstances of the grounds of removal;
• the presence of additional significant violations of the Immigration Laws;
• the nature, recency, and seriousness of criminal records; and
• the presence of other evidence has been indicative of a respondent’s bad character or undesirability as a permanent resident of the U.S.

Generally, the immigration judge must weigh the positive factors against the negative factors in exercising her discretion.

After the Master Calendar Hearing, the Court scheduled the individual hearing date on October 17, 2012.

Our firm worked with our client and his friends and family members for the application and supplemental documents. We contacted his family members in other states for supporting documents and letters of support for our client’s case.

In preparing our client for the Individual Hearing, Attorney Yu visited our client multiple times at the Bedford Heights detention facility, meeting for several hours each time. Obviously the central issue in this case would be whether or not our client’s positive factors outweigh the negative factors. Our firm eventually was able to gather supporting documents and prepared supplemental evidence with multiple exhibits, and arranged them pursuant to the specific elements of Cancellation of Removal eligibility.

At the Individual Hearing on October 17, 2012, Attorney Yu represented our client at the Cleveland Immigration Court. Testimony then followed and we questioned our client extensively on the positive factors of his case. Attorney Yu questioned him regarding his length of residence in the U.S., employment history, educational history, family issues and hardships to him and his family members if he was to be deported to Peru. Our client was prepared, was very consistent, and was honest in his answers. The extensive questioning and detailed testimony of our client took so much time that the hearing had to be continued.

On November 2, 2012, our client’s Individual Hearing was resumed. The government counsel did extensive cross-examination regarding our client’s criminal history and other issues. Also, some of our client’s family members and friends testified as witnesses.

During the closing argument, Attorney Yu argued why our client merits a favorable exercise of discretion according to the C-V-T- factors. The government of course focused on the negative factors in his case, those issues which we mentioned at the start of this success story.

In the end, the Cleveland Immigration Court granted our client’s cancellation of removal relief. It was a tough call and our firm was very happy for our client. He has been here since 1992 but had a few bumps along the way. He has reformed, will finish his studies, and will continue supporting his kids. It was obviously an emotional moment as his mom, aunt, grandmother, and friends were in Court.

He soon will be released, and he will get back his green card.

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CASE: I-129F Fiancé Petition and Fiancé Visa
PETITIONER: US Citizen in Cleveland, OH
BENEFICIARY: Guyanese
PETITION FILED: May 21, 2012
VISA APPROVED: October 11, 2012

Our client, a US Citizen Petitioner, met her Guyanese fiancé in Barbados last year. A few months after she came back to the States, she retained our firm to get a visa for her fiancé.

We informed her of all supporting documents we would need, helped her and her fiancé draft a letter in support of the fiancé petition, and filed the petition on May 21, 2012.

On August 17, 2012, the I-129F fiancé petition was approved. Our client’s fiancé was then scheduled for a fiancé immigrant visa interview in early October 2012 at the US Embassy in Georgetown, Guyana. We prepared all forms and supporting documents for his interview and sent them by international mail to Guyana. He was also prepared prior to the interview.

On October 11, 2012, our client passed his fiancé visa interview. He would be reunited with our client in the U.S. soon and would get married within 90 days of his entry. From there he can apply for his green card.

FREE CONSULTATIONS

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CASE: Asylum in Immigration Court
CLIENT: Cameroonian
LOCATION: Cleveland Immigration Court

Our Cameroonian client came to the United States on an F-1 visa in December 2011. She was persecuted and harmed in Cameroon based on her political opinion and political activism, so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.

She was interviewed at the Asylum Office in Chicago, but her case was referred to an immigration judge in July 2012. The Notice to Appear was issued and our client was placed in removal proceedings. The USCIS thought that our client’s testimony was different from that of her written statement.

After the case was referred to the Immigration Court, our client contacted our office in late July of 2012, and eventually retained our office on July 30, 2012.

Our client was scared to go back home to Cameroon, fearing that she will be persecuted based on her political opinion and her past participation with human rights activist groups. While our client was a college student in Cameroon, she became a human rights activist involved in educating and informing fellow students on campus about their basic fundamental rights. Our client organized some student movement activities, joined student marches against government’s actions and participated in political activities. As a result, she was arrested and detained multiple times by the Cameroonian police and has experienced harm and mistreatments in numerous occasions.

We helped her supplement her asylum application and represented her in immigration court hearings. We also asked her to provide supporting documents corroborating her claim, some of which were a letter from her parents, colleagues and friends in Cameroon, Cameroonian medical documents of our client’s injury, and her membership certification with the different human rights organizations. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in Cameroon if sent back.

Our client’s individual hearing was scheduled on October 19, 2012 at the Cleveland Immigration Court. Attorney Sung Hee Yu from our firm prepared her extensively twice, both of which lasted several hours. He also represented our client at her Individual Hearing.

During the hearing, our client testified credibly as to her past persecution in Cameroon and likelihood of future persecution. After the hearing, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit in two weeks and will be eligible to apply for permanent residency in one year.

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CASE: Marriage-Based Adjustment of Status
CLIENT: Jamaican
LOCATION: Youngstown, OH
FILED: July 25, 2012
APPROVED: October 12, 2012

Our client came to the United States in July 2010 with a B-2 visitor’s visa from Jamaica. She was given six months but she remained in the United States and overstayed.

She met a US Citizen and fell in love. They got married in December 2011 and retained our office on May 10, 2012 for her green card application.

Our firm prepared and filed the I-130 Petition and I-485 Adjustment of Status Application on July 25, 2012, together with other necessary forms and supporting documents. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. Prior to the interview, we thoroughly prepared our clients at our office.

On October 12, 2012, our client was interviewed at the Cleveland CIS office. Attorney Sung Hee (“Glen”) Yu from our office accompanied them. On the same day, her green card application was approved.

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CASE: PERM Labor Certification
EMPLOYER: Molded Component Manufacturer
BENEFICIARY: British Engineering Manager
LOCATION: Cleveland, Ohio
FILED: August 8, 2012
APPROVED: October 10, 2012
AUDITS: None

Our client is an engineering manager from the United Kingdom, who is currently working at a molded component manufacturing company in greater Cleveland area. The company/petitioner was willing to petition him for a green card, in the second-preference category (EB2).

Our client has a Bachelor’s degree and has more than 5 years of related work experience. He has maintained his status as an H-1B visa holder in the United States. After talking to our client, our firm advised that his potential employer can petition him as an Engineering Manager, specifically, Liquid Injection Molding (LIM) Process Engineering Manager.

Prior to filing the PERM labor certification application, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. On August 8, 2012, we filed the PERM Labor Certification application. Two months later, on October 10, 2012, the PERM labor certification was approved. There were no audits in this application.

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CASE: I-130 and Consular Processing (Immigrant Visa)
CLIENT: US Citizen Petitioner Daughter; Chinese Beneficiary Mother in China
LOCATION: Petitioner: Ohio; Beneficiary: China
I-130 FILED: April 8, 2011
I-130 APPROVED: July 14, 2011
IV APPROVED: September 24, 2012

Our client retained us to bring her parents over from China. She was born and raised in China, but was naturalized in the United States.

On April 8, 2011, our firm filed the I-130 Petitions to the CIS. There were no Requests for Evidence throughout the pendency of the petition. On July 14, 2011, the I-130 Petitions were approved. We then started the immigrant visa processing phase of trying to get her parents over to the United States.

Unfortunately, our client wanted to delay the process due to her father’s serious illness. Her father passed away, but our client still wanted to bring her mother to the United States.

On August 10, 2012, we filed the immigrant visa packets to the National Visa Center who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for our client’s mother at the U.S. Consulate in Guangzhou, and we prepared her for her interview. On September 24, 2012, the U.S. Consulate in Guangzhou, China approved and issued her immigrant visa.

With the approved immigrant visa, our client’s mother can come to the United States immediately, and she will get her green card within two weeks of entry.

FREE CONSULTATIONS

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CASE: I-140 / I-907 (Premium Processing)
ISSUE: Had to get the I-140 Approved to Be Eligible for 3-Yr H-1B Extension
EMPLOYER: Electric Immersion Heater Manufacturer
BENEFICIARY: Indian Management Analyst
LOCATION: Cleveland, OH

Our client is a management analyst from India, who is currently working at an electric immersion heater manufacturing company in Cleveland Ohio. The company was willing to do an immigration petition him for a second-preference petition (I-140). He is on his sixth year of H-1B, and to extend it for another three years, he’s had to have an I-140 approval before his current H-1B expires.

Our client has an MBA degree and has worked for this company since April 2012. He has maintained his status as an H-1B visa holder in the United States.

After talking to our client, our firm advised that his potential employer can petition him as a Management Analyst. It is a Job Zone 4 position, which typically does not merit an EB2 finding by the Department of Labor, but we thought the position was complex enough to merit an argument. Based on our client’s educational, professional and working background as an engineer and management analyst, our office determined that it’s still worth a shot for the EB-2 classification.

As mentioned on our previous success story, we filed the PERM labor certification application for our client on June 29, 2012. Two months later, on August 30, 2012, the PERM labor certification was approved. Our client retained us again for the I-140 petition.

We then proceeded with the I-140 Petition filing.

We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employment verification letters from our client’s previous employers, and other necessary supporting documents.

The I-140 Petition was filed on September 24, 2012 via premium processing. On October 1, 2012, in only seven days, the I-140 EB2 for our Indian client was approved.

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CASE: I-130 and Consular Processing (Immigrant Visa) – Marriage-Petition
CLIENT: US Citizen Petitioner; Ghanaian Beneficiary in China
LOCATION: Petitioner: Ohio; Beneficiary: Beijing, China

Our client is a U.S. citizen who married his Ghanaian boyfriend in China in 2011. Her husband is an international student in China. She contacted our office in late January 2012 and retained us to bring her husband to the States.

Our office prepared and filed the I-130 to the National Visa Center on February 3, 2012. After the I-130 was filed, everything went smoothly, there were no requests for evidence, and the receipt notices came on time. The I-130 Petition was approved by the USCIS on June 11, 2012.

After the I-130 approval, we filed the immigrant visa packets to the National Visa Center on July 26, 2012, who in turn forwarded our client’s materials to the U.S. Consulate in Guangzhou, China. An interview notice was set for the client at the US Consulate in Guangzhou, and we prepared him for his interview. On September 28, 2012, the U.S. Consulate in Guangzhou, China approved and issued his immigrant visa.

With the approved Immigrant visa, our client’s husband can come to the United States immediately, and he will get his green card within two weeks of entry.

FREE CONSULTATIONS

If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately. 

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