INS Makes Adjustment of Status Interviews More Difficult

After a recent adjustment of status interview, our clients thanked us for preparing them so well because they were well prepared for all the questions the INS officer asked. The attorneys at Reeves and Associates are able to do this because we have successfully represented thousands of our clients at adjustment of status interviews.

In order to adjust status, applicants must show to the satisfaction of the interviewing INS officer that they have met all the requirements of eligibility. However, more and more, INS officers are routinely interrogating the applicants, particularly with respect to an adjustment based on a marriage to a United States citizen. For example, if an applicant wants to adjust status and is married to a U.S. citizen, it is up to the applicant to prove that their marriage is not a fraudulent marriage. Most INS officers suspect that all marriages are fraudulent and work under the assumption that the applicant has committed fraud rather than assuming the marriage is valid unless there is substantial evidence to the contrary. Under current Immigration laws, marrying a United States citizen is one way of adjusting status and INS is inundated with marriage cases. INS goes to great lengths to prevent applicants from becoming permanent residents via a possible sham marriage. While this may sound logical, as a practical matter every applicant is scrutinized and interrogated as if they are committing fraud and must prove otherwise. In other words, it ultimately becomes the applicant’s responsibility to prove the negative, that they are not committing fraud.

It is important to point out that applicants’ future in United States is at stake and the interview officer has the authority subject to some review to denying or initiating a protracted investigation including work and home site investigations. The appearance, body language, and what one says can all have an effect on the case. This is precisely the reason the attorneys at Reeves and Associates stress the importance of being well prepared to our clients. The more the client knows, the better the likelihood of a success at INS.

There are many factors that an INS officer takes into consideration. For example, INS considers the petitioner and the beneficiary’s employment histories, good moral character (i.e. paying taxes every year), and much more. In order to prove each factor, there must be evidence. Our clients demonstrate, through proper documentation, that they are involved in a valid marriage and deserve to have their green card.

For INS appearance, our attorneys meet with its clients and take them step-by-step through the interviewing process. I believe it is important to go the extra mile to assure success. This is why all of our clients are well prepared and feel comfortable when being interviewed by the INS.