What are the Best Practices For Your Immigration Interview and Green Card Medical Exam Update
In this episode we’ll we going over the latest news on the border closure that had been talked about by President Trump.
Which are The Mistakes You Should Avoid When Apllying for a K1 Fiance Visa. Find out what the most common mistakes are and how to avoid making them from attorney Kaushik Ranchod from The Ranchod Law Group.
- they can file an I-290B appeal
- we could refile
We’re gonna go into detail about that a little bit.
One option is filing an appeal. If you feel like the officer made some errors in their decision then you can appeal and it’ll go to the AAO (Administrative Appeals Office) and another set of eyes will look at the decision. Now it’s important to contact an immigration attorney as soon as possible because you have very limited time to file the appeal so you want to do that immediately.
In that situation you can address the erroneous reasons that were made in the denial so in this situation what we normally do is we prepare a detailed legal brief addressing the reasons for the denial and why we think those reasons are not accurate. Another option is to refile a case if some new facts came out – so for instance let’s say you’re a United States citizen and you have a new United States citizen child: that would be a new factor of exceptional hardship. You can refile the case and include that new factor there to try to get an approval based off of the new additional factor that your new child being born and the hardship that would create with having a child in the picture.
If you are going to refile I would recommend having some new factors of hardship to discuss.
If you’re going to spend this significant amount of time because you have to go through the whole filing process again and of course the money that it’s going to take to refile as well, you don’t want to just refile based off of the same situation. Now every case is unique so that would be up for your attorney to decide by evaluating the facts of your case.
Sometimes it might even make sense to refile, it’s just important to get this evaluated by an immigration attorney as soon as possible, as soon as you get a denial, that way you are able to have time on your side rather than against you. I want to thank you for tuning in to get your questions answered – thank you and have an awesome day!
Related Links to other Videos and posts on Hardship Waiver Denials
The current administration is moving to close USCIS‘ field offices around the world.
Clients should note that USCIS and the Department of Homeland security are set to coordinate in order to avoid any delays in the processing of applications. However, clients should anticipate that there may be delays in the scheduling of their interviews, processing of their visa, etc.
It is important to remember that this does not mean closure of embassies/consulates altogether.
So today what we’re going to talk about are some “nuts and bolts” of the USCIS interview.
So first of all as I’m talking today on March the 12th. When you have the USCIS interview, before you would put the notice in the box and they would call you – now you put the notice in another room and then you’ll get transitioned to the main waiting room and then called for the interview.
So that’s one of the “nuts and bolts”, so you’re prepared when you go in and you know what’s going on, so you feel a little bit more comfortable at the interview: give us a call at (916) 613-3553 or post your question below!
Alright, and then what other questions are we getting? About having an interpreter – people want to know who can go, like if they can bring children or a sibling to the interview as an interpreter for the person that is going to be interviewed. Alright, so if you do not speak English fluently, you can bring an interpreter but it’s important to note that you can’t bring a family member like a brother or a sister a spouse a parent, so you have to have someone who won’t be biased at the interview to interpret for you.
And even if you bring an interpreter and the officer speaks Spanish you may not need to bring that interpreter to the interview, the officer may state that they’ll go ahead and translate. And then, when you go to the interview, you want to make sure you’re there at least 30 minutes ahead of time because you never know how long the line could be and of course if you miss the interview your case could be denied, so it’s important, very important, to take the interview very seriously and also dress respectfully for the interview because you are before the USCIS and you want to show your respect.
Alright so that the nuts and bolts that we wanted to share with you today’s recent happenings of what’s going on.
I want to thank you for tuning in to our immigration update and we look forward to seeing you next week. Thank you and have an awesome day!
Other information related to USCIS Interviews
The Facts of this Success Story
- Client lives in a country in Southeast Asia;
- is engaged to a U.S. citizen;
- The U.S. citizen filed for her visa to come into the U.S.
- she was denied her visa and found inadmissible for “a crime involving moral turpitude.”
Our Client had two prior criminal convictions.
In order to win the case we had to prove client’s U.S. citizen fiancé would suffer extreme hardship if her Waiver were denied. In order to prove exceptional hardship The Ranchod Law Group argued that due to his ties to the U.S., his career, his medical needs, and the country conditions abroad, relocation would result in exceptional hardship.
We are so happy and honored to have been able to help this couple begin this new stage of their life together in the U.S.
- Unlawful Presence Part 3 – The I-601 Waiver
- I-601 Waiver Approved for Client in India
- I-601 Waiver Approved for Client
- Five Facts about I-601 and I-601a Waivers you need to know
- I-601: Unlawful Presence Waiver Requirements
- What Doesn’t Warrant Expedition of I-601 Waivers?
- Expedite I-601Waivers Requires Hard Evidence
- I-601: Unlawful Presence Waiver Requirements
So today we’re going to talk about what are we getting approved now? On I601 Waivers with the President Trump administration because as you know with the President Trump administration it is getting much more difficult for cases to get approved. Overall there is a 40% denial rate increase.
Our firm is still above 90% of overall approvals. But what is getting approved now (and of course I have to say that even if our cases are getting approved) doesn’t mean that all of our cases will be approved in the future: it’s on a case by case basis and that’s why it’s really important to evaluate each specific unique factor and you can call us at 916-613-3553 if you have questions.
So in the I-601A Waiver that we just got approved, what we talked about for this situation is you have to show, for an exceptional hardship I-601A Waiver, exceptional hardship to the United States citizen if they were separated or if the United States citizen were to go to the spouse’s home country. One thing we showed was the history of psychological trauma that the United States citizen had and how that could continue to occur or even increase significantly because of the separation.
So that’s known as psychological hardship.
Second – we talked about financial hardship, the fact that the couple had a home and they could very well lose that home if the spouse had to go to Mexico.
Additionally then the childcare as well would become so expensive that the household would not be able to afford the childcare: that’s another argument that we made.
And then we tie all of these factors together to show the extreme hardship. So in a lot of our cases there’s not just ONE factor in and of itself that constitutes extreme hardship, but when we combine all of these factors BOOM! We’re able to show exceptional hardship!
There’s one important factor that I left out – there is the spouse’s health condition as well that played a significant factor in the exceptional hardship as well.
- Provide a lot of medical records documenting all of this because you cannot just make stuff up you have to substantiate it with evidence.
- Create a very extensive legal brief with attention to detail, outlining all of these factors as well and tying it into a legal argument demonstrating the exceptional hardship and how, through the totality of circumstances, all of these factors create exceptional hardship.
Alright, so we want to thank you for tuning in, you can leave your comments below and we will respond in our next show or we can respond below to your questions or call us at (916) 613-3553.
Thank you and have an awesome day!
The very first tip is one that will avoid delays at immigration interviews – to always make sure USCIS has received a certified copy of all your criminal cases. Not only will this simplify the questions you are asked but it will avoid USCIS needing to ask for more evidence afterward! A certified copy should include, at the very least:
- the complaint;
For any immigration agency, you must always tell the truth about every criminal incident
But that doesn’t mean you have to guess.
A common example is when USCIS asks how much alcohol was consumed during a DUI arrest. Most individuals, particularly for crimes occurring years earlier, do not recall the exact amount. Any attempt to answer this question would be a guess. Here, the best answer is the truth “I do not remember exactly how much.”
The same is true of jail sentences, especially if the crime is so old that the court records no longer exist. For immigration purposes, there can be different consequences if a sentence in criminal court exceeds 90 days, six months or 12 months, depending on the type of application. So if the court records no longer exist but you remember whether a crime was more or less than these thresholds, the key is to let the officer know in a manner that is honest, composed, and believable.
Every applicant should express remorse for the crime or crimes committed, even when not prompted
You do not have to deliver a soapbox special – it is enough to state calmly why you regret the incident and what you learned about its impact on your life. This is especially true for applicants of U.S.citizenship, who must show present good moral character despite any past criminal incident.
Applications involving a criminal history should include letters of good moral character
Even if these were not submitted with the original application, they can be added at the time of interview. These letters demonstrate initiative and also reflect the fact that members of the applicant’s community consider this person someone worthy of taking the time to write a letter about and reflect positively on.
Overall, the easiest way to lose when discussing crimes with USCIS is to become defensive or combative. Cases, especially in court, can also be won or lost in whether an applicant shows remorse rather than attempts to blame everyone else for their problems. USCIS does not require applicants to be perfect at all times in their lives. But if they cannot be honest today about what they have learned from their mistakes, it becomes more difficult to win any case on discretion.
Next month, we will be kicking off a three-part series titled “What does it mean for me?” The topic for next month: DUI’s.
Before, USCIS put all petitions in a lottery system; first, it selected the statutory 20,000 slots earmarked for individuals with a U.S. master’s degree or higher, then placed all petitions–including those with an advanced U.S. degree–in a regular pool.
This year, USCIS will include all advanced-degree petitions in the general lottery first, then conduct a second lottery to exempt 20,000 advanced-degree slots until the annual statutory limit is met.
USCIS proposed another change this year, but will not apply to this year’s cap petitions: the employer registration system.
Next year, for FY 2021 petitions, employers will be required to register online in order to submit an H1-B petition.
USCIS states that “the electronic registration requirement will require petitioners seeking to file H-1B cap petitions, including those that may be eligible for the advanced degree exemption, to first electronically register with USCIS during a designated registration period. Only those whose registrations are selected will be eligible to file an H-1B cap-subject petition.”
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