At Landerholm Immigration, we understand how nerve-wracking the immigration process can be, especially when you and your spouse are navigating a marriage-based green card application. Today, I want to shed light on an unsettling tactic that USCIS officers sometimes use during interviews: trying to intimidate the U.S. citizen spouse into withdrawing the case.
Imagine this: you and your spouse are in the final stages of your immigration process. You've filed an I-130 petition, indicating your intent to sponsor your foreign-born spouse for lawful permanent residency, and your spouse has filed an I-485 application to adjust status. You've waited patiently, prepared diligently, and arrived at the USCIS office with all the evidence of your genuine marriage.
But then, during the interview, the officer pulls your U.S. citizen spouse aside for a separate conversation. This is often referred to as a "Stokes interview," where both spouses are questioned separately to verify the legitimacy of the marriage. While this is a standard procedure, what happens next can catch many off guard.
How USCIS Officers Might Intimidate You
In some cases, the officer might begin to pressure the U.S. citizen spouse, suggesting that the marriage is fraudulent. They might use alarming terms like "immigration fraud," "jail," or "criminal prosecution." They could even imply that signing a withdrawal form for the I-130 petition is the easiest way to avoid serious consequences. For many, this can be an overwhelming and terrifying moment.
What Should You Do?
If you’re the U.S. citizen spouse facing this type of intimidation, here’s what I advise:
- Stand Firm: Clearly state that your marriage is genuine. You can say something like: “This is a real marriage. I love my spouse, and we have every intention of building our lives together in the United States.” Reiterate your commitment to the process.
- Refuse to Sign Anything: Under no circumstances should you sign a form withdrawing your I-130 petition unless you genuinely wish to do so. Signing such a form could have severe consequences for your spouse’s immigration case.
- Answer Questions Confidently: Respond honestly and confidently to any questions the officer asks. Your preparedness and calm demeanor can go a long way in demonstrating the authenticity of your marriage.
- Request an Attorney: If you feel overwhelmed, you have the right to pause the interview and consult with an attorney. Having an experienced immigration attorney present can provide you with the guidance and support you need.
Why Having Legal Representation Matters
One of the best ways to prepare for a USCIS interview is to have a qualified immigration attorney by your side. At Landerholm Immigration, we’ve seen firsthand how having an attorney present can make a significant difference. Officers are less likely to employ scare tactics when they know an attorney is there to advocate for you and your spouse. If issues arise during the interview, an attorney can request a supervisor or address concerns on the spot, ensuring that your rights are protected.
Building Confidence for the Interview
Preparation is key. Review potential interview questions with your spouse and gather all necessary evidence to substantiate your marriage. If you’re unsure about any aspect of the process, consult with an experienced immigration lawyer who can guide you every step of the way.
At Landerholm Immigration, we’re here to help you navigate these challenges. If you’re preparing for an interview or need assistance with your case, don’t hesitate to reach out. Let’s work together to ensure your love story triumphs over any intimidation tactics.
Contact us today at Landerholm Immigration A.P.C. or give us a call at (510) 756-4468 to schedule a consultation. Remember, you don’t have to face this journey alone.