Houston Immigration Attorneys | Preparing For Adjustment of Status Interview

As Houston Immigration Attorneys we have had the pleasure of assisting numerous families with marriage-based Adjustment of Status (AOS) Interviews.

The AOS interview provides the officer an opportunity to review the adjustment application and allow the applicant(s) to clarify any discrepancies as well as submit any additional documents that may prove that the marriage is bona fide or genuine.

Below are some simple but important tips that should be kept in mind when preparing for an Adjustment of Status Interview:
∙Arrive early but no later than 30 minutes ahead of the scheduled time. As the old adage goes, showing up is half the battle. Failure to appear for an interview is grounds for automatic denial unless there is an exceptional circumstance for failing to appear. Give yourself time and avoid the unnecessary stress of running late. We always advise clients to drive to the site of the interview a couple of days before  so that way they will know the exact location thus avoid getting lost.
∙ Have proper identification. In order to gain entry into the USCIS building for the interview it is required that all persons entering present a proper government photo identification, usually a license, state ID, or a passport.
∙ Dress appropriately. Business casual is recommended.  It doesn't hurt to say but avoid, cut-offs, ripped clothing, articles of clothing that are revealing or not appropriate for a business environment. Don't make a bad first impression with the officer before the interview starts.
∙ Have all required documents (with copies if necessary) ready and organized for easy and quick access. It is always better to have an extra copy in case the interviewing officer can not find the document in the file or if the document was misplaced by USCIS.  This will avoid receiving a request for evidence or attending a subsequent interview because a required document is not in the file.
∙ Make sure that your spouse is present for the interview. All marriage adjustment of status interviews require the presence of the U.S. Citizen and the I-485 applicant. As previously stated, failure to appear by all required individuals is grounds for automatic denial of the application and may certainly complicate the case.
∙Be cool, calm and collective. The interviewing officer is there to do a job and that is to determine if the marriage is bona-fide. If the marriage is bona fide then there is nothing to worry about. Its natural to be a bit nervous but know how to manage any anxiety properly. Take deep breathes, keep answers short, simple and directly to the point. Most interviewing officers have years of experience and are good at what they do. They know how to spot sham marriages and know what to look for in bona-fide marriages. Let the officers do their job by developing the questions and requesting clarification to any discrepancies in the application or circumstance regarding the marriage.


Check back soon for part II of this blog entry where we will discuss several of the common questions interviewees will encounter during a marriage based Adjustment of Status interview. If you need an immigration attorney in Houston to assist you with a marriage-based adjustment of status or would like to request a copy of interview questions feel free to contact us at 713-222-2828.

Houston Immigration Attorneys │Wrong Expiration Date on I-94

Every Houston immigration attorney can attest to the fact that several calls are received from panicked individuals who just realized that the expiration date on their Form I-94, will soon approach or has already passed. This is often due to the rush at airports or ports of entry when individuals are hurried to go through immigration line quickly and forget to verify if the information on the document is correct.  A wrong class of admission or shortened authorized period of stay can cause a nonimmigrant to violate the terms and conditions of his or her nonimmigrant status and encounter devastating consequences. The Arrival-Departure Record is a small but important document that should not be easily overlooked.  It crucial for an arriving nonimmigrant to take a few moments to review the document to ensure that all the information is correct. The  document contains delineates a nonimmigrant's status and valid period of admission and its contents should not be easily overlooked.

Customs and Border Patrol issues the arrival-departure document to non-immigrants entering the U.S. There are various versions of this document including Form I-94, I-95 (crewmen) or I-94W (Visa Waiver) depending on the manner of entry and whether a visa waiver program was utilized to enter the country.   Regardless of which version of the document is issued, each arrival-departure document indicates the person's name,  the date of arrival, class of admission and very importantly the "Admitted Until Date" which represents the date when the person's period of stay expires.  

CBP officers process countless individuals seeking entry into the U.S. and they are required to perform at a diligently at an accelerated level but mistakes will occur. For this reason, individuals should be keen to observe that the officer complete the arrival-departure document with the correct information. If a mistake has been made, the individual should politely indicate to the officer that an error has been made on the form and provide the officer with correct and sufficient information to correct the mistake.   

 If you recently noticed that the class of admission or period of admission expiration date is incorrect  on your arrival-departure document it is important to immediately contact a Houston immigration attorney to assist you in getting this error correct. The attorney can provide you with a list of CBP deferred inspection office or CBP office located within an international airport to get a corrected arrival-departure document.  Regardless of where  the arrival-departure was issued, it can be corrected by CBP. Currently there are no mail-in procedures to obtain a correction on an arrival-departure document. 
It is important to note that CBP officers have authorization to correct only wrong information due to CBP Officer error. In other words, if the officer incorrectly marked a class of admission or expiration date despite being provided correct and sufficient documentation then this may be corrected by CBP.  However, it will not be considered a CBP error if an individual provided incorrect information or insufficient documentation to allow  the officer to allow to make a proper determination of the class of admission or period of stay. If CBP makes a determination that an error on Form I-94 was not due to CBP oversight, then it is the responsibility of the individual to take proper measures to ensure that he or she remains in a valid and correct status by either filing for a change or extension of status with USCIS or re-entering the country with the correct documentation. A Houston immigration attorney can provide additional information to help determine if an error on an arrival-departure document can be corrected by a CBP office or if a change or extension of status should be filed with USCIS.

Welcome to Houston Immigration Attorneys

Welcome to Houston Immigration Attorneys blog published by Benavides & Serrano PLLC ("B&S"). This blog will serve as a forum to express interesting and important happenings in the Immigration realm. In addition it will serve as a means for us to connect with clients and inform individuals with an interest in matters concerning immigration law.

B&S was formed to provide the legal representation that individuals need and deserve when confronted with immigration issues. Simply put, we are problem solvers and we love what we do. We assist clients that come from all over the world in many areas of immigration law including immigrant visas, nonimmigrant visas, naturalization, removal, and asylum. Our backgrounds coupled with our noteworthy experiences have allowed us to understand the intricacies of immigration law and to appreciate the necessary work that needs to be completed to obtain a successful result. Throughout our representation we ensure that our clients are treated with respect  and we relentlessly pursue the best interest of our clients. Our integrity and ethics serve as the foundation upon which we continue to build strong relationship with our clients.

Again, welcome to our blog. We hope you will check back soon as we will continuously post new tidbits. And of course, no information provided in this blog is intended nor does it establish an attorney-client relationship. Always consult with a competent immigration attorney to obtain the appropriate guidance, counseling and representation. An immigration attorney can develop a plan of action required only after having a in-depth review of the circumstances.

If you or someone you know seeks the assistance of a Houston immigration attorney, give us a call at 713-222-2828.