Dealing With a Bad Green Card Interview at USCIS

The final step in obtaining a green card in the United States through the process known as adjustment of status is typically to attend an interview with an official of U.S. Citizenship and Immigration Services (USCIS). If you want tips on questions to expect at your interview, here are the most common. This article, however, will focus specifically on what to do in an interview that isn't going well, and where you don't have an attorney by your side.

(Note: Applicants coming from overseas will normally use a different procedure known as "consular processing," and attend an interview at a U.S. embassy or consulate in their country of residence or nationality.)

Until the date of your adjustment interview, it’s quite possible that you will not have had any personal contact with any U.S. immigration official other than when you first arrived at a U.S. border or entry point. The U.S. government views the interview as its chance to confirm the contents of an application after the person has personally sworn to tell the truth. (This is in addition to the fact that applicants represent that their answers on the immigration application forms were true and correct simply by signing them.)

The in-person interview also allows the U.S. government to ask additional questions—for example, in a marriage-based green card case, to ask personal questions that will test whether the marriage is real or just a fraud or sham.

Assuming you have prepared your paperwork carefully and have nothing to hide, your green card interview should go smoothly. Nevertheless, its tone and progress will depend in large part on the personality or mood of the USCIS official with whom you meet. Some interviews just go badly, with the USCIS officer behaving in an impatient, rude, or belligerent manner. Below are some suggestions for what to do if that happens.

WARNING: This article covers issues mainly to do with your interaction with the USCIS officer, not with ICE. A separate issue sometimes arises where, because ICE has discovered from an applicant's background that they have an outstanding order of removal, a criminal record, or some other history of being a security or public safety risks, ICE agents arrest applicants at or immediately after their adjustment interview. And with the Trump Administration's heightened focus on deportation, reports are coming in about arrests for lesser reasons, such as the applicant's unlawful entry or failure to maintain valid visa status. See an immigration attorney for details and help in preparing for such possibilities.

1) Don’t get angry or agitated with the USCIS officer

Try to remember that USCIS officers are human—and they have seen a lot of fraudulent applicants along with the worthy ones. Remember also that they hold much of the power over your case. Remain respectful and answer honestly if you don’t know or remember something. Ask for clarification as a way to bring down the temperature and perhaps improve your understanding of what the officer is driving at. Never guess or lie, and try to avoid chattering on nervously.

2) Try to get the USCIS officer’s name and badge number

USCIS officers don’t always introduce themselves by name, but the name might be shown a little sign on their desk. If so, write the name down. If not, the best thing to do is politely ask the USCIS officer's name at the beginning of the interview (not when things have already started to go badly, when the officer might already be feeling defensive).

You might also spot the officer's badge, with a number on it. Write that down, too.

This tidbit of information might become important later. For example, if you need to file a complaint, discuss the matter with a supervisor, or consult with an attorney, you’ll have an edge if you know who you dealt with. (An experienced immigration attorney will know all the local USCIS officers by name and can better understand your description of what happened after learning who was involved.)

3) If the behavior is bad enough, ask to see a supervisor

You do not have to put up with a USCIS officer who is irrationally angry, bullies you, makes irrelevant accusations, acts in a discriminatory manner based on your race or gender, or persists with a line of questions or statements that is completely inappropriate. Ask to see a supervisor on the spot.

4) Offer to submit by mail any information you don't have with you

By offering to supply any information that the USCIS officer asked for, your case will be postponed to a later date (“pended” in USCIS lingo). That will give the officer a chance to cool down, and give you time to collect your thoughts or resources in order to answer the officer’s concerns.

5) Write down notes immediately afterward

When you get home, write down as many details as you can remember of the interview, while it’s all fresh in your mind. Try to remember the USCIS officer’s exact words, especially regarding any statements about what is lacking or problematic in your case.

If you are able to postpone your case, or are awaiting a USCIS decision after a bad interview, consider speaking with an immigration attorney about your experience. The attorney can write a strongly worded letter protesting the inappropriate behavior and demanding a full review of your case in light of it.

Even if you don’t do hire an attorney, you yourself can write a letter to USCIS asking that a supervisor consider the interviewer’s conduct when making the final review of your case. Supervisors review all immigration cases, but they will assume the officer acted appropriately unless you advise them otherwise.

For More Information

For more information on preparing green card applications and attending your interview, see U.S. Immigration Made Easy, by Ilona Bray (Nolo). Again, consider hiring an immigration attorney if you have questions or potential complications in your case. An attorney doesn't have the power to stop the USCIS officer from asking you reasonable questions, but can help steer the discussion toward the key issues and act as a check on the officer's assertion of power.