USCIS policy memorandum states that aliens have the 'right to be represented by an attorney'

Dear Attorney Gurfinkel:

I am applying for immigration benefits with the US Citizenship and Immigration Services (USCIS), but I am very nervous and unsure about what to do, or what to say at the interview. I would like to have an attorney with me at the interview, but my relatives are saying that if I have an attorney, it would be bad for my case. This is because USCIS may suspect that I’m trying to hide something, or ask why I need an attorney. Is it true that the USCIS holds it against a person if he or she has an attorney during an interview?

Very truly yours,

S.R.

Dear S.R.:

Nothing could be farther from the truth. In fact, just recently, the USCIS issued a policy memorandum on “The Role of Private Attorneys and Other Representatives”. In that memo, USCIS acknowledges the “meaningful role of attorneys” in the interview process, noting that, “whenever an examination is required, the person involved has the right to be represented by an attorney…”

The policy memorandum further notes that an attorney serves a very important role at an interview, which is, “To ensure that the rights of the individuals he or she represents are protected.” This means that USCIS recognizes that attorneys are there to protect and fight for the rights of their clients at interviews. Although the attorney should not be answering the questions during the interview, the attorney can ask the officer “clarifying questions,” if the officer asks something that’s unclear, so that there’s no misunderstanding or miscommunication with the client.

Therefore, if there is a USCIS policy memorandum, recognizing the vital role that attorneys play in the immigration process, how could it “harm” a person or the person’s case to be represented by an attorney? Or how could USCIS hold that against the person, when there’s a policy memorandum acknowledging the important role that attorneys play in the immigration process.

In fact, while applicants could certainly represent themselves, I still think it is a very good idea to have an attorney help them:

- The interview is probably the “last step” in the immigration process for a green card. Do you want to mess up your case at the finish line by saying the wrong thing caused by a misunderstanding or miscommunication?

- Sometimes you could be nervous, your mind can go blank, the officer may ask questions you may not understand. An attorney could be there to not only calm you down and protect you, but also clarify any questions that may not be clear.

- Sometimes, officers will not be fully versed in a particular issue or law, in that they may be working in one section of the USCIS but are only temporarily working that day in a different area (i.e. an officer may routinely handle naturalization cases, but re-assigned that day to adjustment of status interviews). An attorney can be there to explain and demonstrate your entitlement to the immigration benefit you are seeking.

- Sometimes there may be discrepancies in the documentation, such as a date of marriage on your illegitimate child’s birth certificate, although you were really single. An attorney could be there to help explain the discrepancies or the reasons why a date of marriage was on that birth certificate, but that you truly are single.

- Sometimes a person’s eligibility for an immigration benefit is based on the application of complex laws. Would you be able, on your own, to explain, argue, and articulate your eligibility under those laws?

In conclusion, I think your relative is wrong in stating that having an attorney would hurt your case. In fact, the USCIS’ recent policy memorandum proves your relative is wrong: the USCIS acknowledges the vital role that attorneys play in the immigration process. In addition, even without the USCIS pointing it out, there are so many advantages and benefits of having an attorney represent you. If there is anything wrong in your case, or if you have forgotten something, the attorney would have discovered it even before the interview (and could have legally remedied it), thus increasing your chances of being granted the immigration benefit you seek, and decreasing the chances of you messing up, or getting your case denied.

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