What are some of the most dangerous immigration questions that you may get from USCIS during your green card interview? The questions that I'm about to share with you might sound simple, but depending on how you respond to them during the time of your interview, they could ruin your entire immigration case. So, you want to be familiar with exactly what these are and you want to know exactly what to look out for when giving your answers.
Also, stick around to the end so you can hear my tips on how you could ace your interview. I've been an immigration lawyer for almost 14 years and I've attended hundreds of immigration interviews, so you won't want to miss this. Let's get straight to the point and on to the dangerous questions that you need to be on the lookout for.
The first one is, have you ever used any other names? This question can seem straightforward, however, it can trigger red flags if you've previously used other names that you did not disclose to USCIS. USCIS will run a name search on you, in addition to other background and security checks. Even if you don't disclose all the names, they may come up during these checks.
If they find out that you went by a different name that you did not tell them about, they might think that you are trying to hide something in your past. For example, people have used other identities to commit asylum fraud or get married at different times and submit other applications. So, make sure you take this question very seriously.
The next question to look out for is: When did you last leave the United States? If you have ever gone back and forth, especially if you are out of status or if you came in illegally during any of these times, and you answer in the affirmative for certain dates, it might turn out that you have the permanent bar or that you might require a waiver for unlawful presence.
The USCIS officer is definitely going to check exactly for these dates to make these calculations. Keep in mind that your dates should also line up with any information that you have ever submitted on your nonimmigrant visa applications. Also, keep in mind that if you have ever been apprehended at the border, there's probably a record of it somewhere, so your information should make sure it matches this as well. If your dates don't match up, then this can become a major obstacle for you.
Next, you want to be aware about any questions regarding prior visas. Not only do you want to be aware about the prior visas, but about any information that you have previously submitted on the visa applications. This can be dangerous because the USCIS officer likely has access to any and all of the visa applications that you've submitted in your past.
This means that if you wrote one thing on your old visa application but are now saying something new and different on your current application, it can create a problem for you. Particularly what I see happen a lot is you might currently be in the process for filing for a marriage based green card, but you may have entered the United States with a visit visa. And on that visit visa application, maybe you put down that you were already married to somebody else.
If this is the case, that is going to create and raise a red flag, especially if you don't put down on your marriage application now that you were previously married.
The next question to look out for is: Have you ever been cited, arrested, or detained? Most immigrants don't realize that when USCIS is asking you this question, they're asking for any and all instances where you have ever had any sort of encounter with a law enforcement agent. They are not just asking about whether you have a conviction.
If at any point in your past you have ever been cited, arrested, detained, or charged, immigration will want to know. And if you fail to mention any of these, and they come up with the evidence that you have in fact been cited, arrested, detained or charged, it may look like you were trying to hide your past and you may get denied application. On top of that, you may also be accused of having committed misrepresentation to immigration.
Next, be aware of any questions regarding your spouse. If you go into a marriage based green card interview, the immigration officer that you will be facing has been charged with the task of determining whether you have engaged in a fraudulent marital relationship. This means that almost every question that they ask, even if it seems like a friendly question, is actually designed to determine whether your marriage is a real marriage.
They will be asking specific questions, and they will be listening very closely to the responses that you give. And they will be looking for any sign on whether you are committing marriage fraud. Some of the questions that they may ask, which seem pretty harmless, are questions such as: How did you meet, when was your first date, details about your home life, details about each other, details about friends and family, and other specific questions, especially regarding dates.
They will also be comparing any of your answers to information that you've already provided to them on the application forms and evidence itself. If your answers don't match or raises inconsistencies, these will definitely raise the suspicions of the USCIS officer. And you may then be asked to go in for something called a Stokes Interview where you and your spouse are separated and asked the same set of questions to see where you diverge in your responses.
So if you're going for your marriage interview, make sure you prepare carefully in advance. Don't assume that you pass just because your marriage is real. And if you want to hear more specific questions and tips on how to prepare for your marriage interview, make sure to watch my other video giving you this advice.
The next dangerous question is: Have you ever lied or misrepresented a fact for the purpose of an immigration benefit? This can mean anything from applying for a visa, making statements at the airport to the customs agent, anything submitted on an immigration application, and any other information given as a statement to a consular officer abroad. It's important you know what qualifies as fraud or misrepresentation, because either one will be a major barrier to immigration.
The key to misrepresentation is that it has to be twofold, it has to be both intentional and material. This means that the omission or the misrepresentation of that information would have made a difference to your case. So, for example, if you say that you lived on Sixth Avenue versus Sixth Street, but this is for a prior address that you lived at before you ever even got married, this probably wouldn't make an effect on your case. Because, number one, that's probably a mistake, and number two, it doesn't actually make a determination on whether your marriage is genuine.
But if you put down that you live in New York, when in reality you live in Philadelphia and your spouse lives in New York, then that is an intentional misrepresentation that would also change the course of your case had the officer known that you don't actually lives in the same place as your spouse. Making intentional misrepresentations on your case can be a major barrier to your case.
In addition to questions about your criminal history or misrepresentations, you may also be asked questions regarding other inadmissibility, such as: whether you belong to any groups, organizations, or political parties; and whether you have any other previous illegal entries or other immigration violations. You may even have questions regarding national security.
These are some of the questions that immigration can take the most seriously, and it can immediately jeopardize your application if the answers are not done properly.
And the last question before we get to my tips is: Have you ever helped anyone enter the United States illegally? Something that most people don't realize is that if you bring your children into the United States illegally without any entry or inspection, then this can be considered smuggling, even if it is your own child.
Smuggling is considered an inadmissibility in immigration law and the only waiver available is if it was smuggling of your own child. Thus, if you did ever help other people who were not your children into the United States illegally, then that would be a form of smuggling that you could not overcome.
So, what are my tips to ace your interview with USCIS?
First, review all documents in advance. You don't want to get caught saying something that is not properly reflected in what you already submitted. You don't want to say something that contradicts previous application information.
Next, prepare your questions. Even though you don't want to sound rehearsed, you should try to anticipate the questions that you may get asked and go over them with your spouse, especially if this will be a joint marriage interview.
Never underestimate the fact that most couples don't remember their own basic details of how they met. Also, be honest. Immigration talks to agencies all over the world, not just the agencies that are here on U.S. soil. Moreover, they have entire departments dedicated to finding fraud. So something in your past can create an obstacle, immigration will probably find it out.
Be honest, because immigration already knows, and sometimes if they catch you trying to perpetuate a lie, the consequences are even worse than coming clean and asking for a waiver.
Next, avoid rambling. The more you say, the more ammunition you give to immigration, and the deeper you might dig your own grave.
And finally, hire an attorney. If you have serious concerns, attorneys will know the best way to proceed in your case and will offer solutions and protect you where possible.
If you have inadmissibility and you file your application by yourself, there's a good chance that you will face obstacles down the road. If you would like my help on your immigration case, call our office at 212-248-7907.
I'm based in New York, but we work with thousands of immigration clients all over the United States. And it's not just enough to prepare for the interview, you need to know what dirty tricks USCIS uses to try to get cases denied.
Watch my recent video sharing three of these dirty tricks and how they may impact your case. These include tricks that I have seen firsthand while accompanying clients to their interviews. I'll include a link to that video here. Click and I'll see you there.