I am Applying for my Green Card through an Employer. How Should I Prepare for my.note

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I am Applying for my Green Card through an Employer. How Should I Prepare for my

Green Card Interview?

On March 6, 2017, President Trump signed , which, among other things, called for

the implementation of standardized vetting procedures for immigration benefits, including in-person

interviews. Based on this Executive Order, U.S. Citizenship & Immigration Services (“USCIS”) now requires

that all applicants for employment-based green cards and their family members applying for derivative green

cards appear for an in-person interview. Prior to this Executive Order, the majority of employment-based

green card interviews were waived by USCIS as these applicants were considered a lower security risk.

Given the recent change in policy, any applicant who had an I-140 filed after March 6, 2017 will be called for

an interview at a USCIS Field Office.

While an in-person interview with an immigration official may seem daunting, there are many things you can

do to prepare for the interview, as described below:

Executive Order 12780

Read the Interview Notice & Organize your Documents – You will receive an interview notice that

provides the date and time of the interview, as well as a list of documents to bring. Read the notice

carefully and make sure you bring all requested documents with you to the interview to avoid any delays

or Requests for Evidence. Note that you must bring originals and a copy of all the documents, which

often amounts to hundreds of pages of personal documents. The officer will likely ask you to provide

them with originals and copies of relevant documents during the interview, meaning it is important to

make sure your documents are well organized so you can find everything quickly and efficiently.

Obtain Updated Documents from your Employer – Make sure to bring proof of ongoing employment

with your sponsoring employer, including a current letter from your employer confirming the job offer, all

paystubs received since the application was filed, your most recent W-2 and your tax returns.

Review your Entire Immigration Record – Generally the most relevant information to study will be the

, however you should review your entire immigration

history with your attorney prior to the interview to make sure you are prepared to answer questions

about prior petitions and trips to the U.S. The officer may ask about anything in your immigration history

to make sure you have not violated your status, worked without authorization or engaged in any other

activities that would make you ineligible to receive the green card. If you have a long history of visiting

the U.S. and do not recall the details of your prior entries, you should make every effort to track down

this information by reviewing old passports and possibly even filing a (FOIA)

request to obtain your records.

PERM Labor Certification, I-140 and I-485 petitions

Freedom of Information Act

An important thing to remember is that by the time you attend your interview, the I-140 has already been

approved and the I-485 green card application has been reviewed by the National Benefits Center. The

purpose of the interview is to allow the officer to determine whether the information in the application is

accurate and credible. Interviews are now an important part of the employment-based green card process

and you should make sure to prepare carefully and thoroughly, under the guidance of an experienced

immigration attorney. Your attorney is permitted to attend the interview with you and while the field offices

adjust to handling employment-based green card interviews, it is highly recommended to have an attorney

represent you at the interview to make sure your rights are protected. An attorney could assist with any

questions that arise regarding the underlying I-140 petition, PERM or other technical aspect.

Practice for the Interview – During the actual interview you may be nervous, so it is a good idea to

practice answering interview questions with your attorney or with friends and family. You should be very

familiar with your I-140 and I-485 applications and should be able to answer questions about your

employer, your job duties, your experience and education and your employment history with the

company. If your spouse and children are applying with you, they should also prepare to answer

questions about their immigration history and spouses should bring evidence documenting the validity of

the marriage. Even in employment-based interviews, some officers ask for proof of photos and joint

financial documents to demonstrate that the marriage between the principal applicant and spouse is

legitimate. If you have children, they will also receive an interview notice and should appear for the

interview, although the officer may choose to waive their interview.