Telephonic conference during USCIS interviews

As you may know, immigration laws in the US are enacted by the federal legislative branch --the US Congress, and as such its power and reach impacts all over the country executed and exercised by the administrative offices of the executive branch. Immigration laws aren’t within the purview of the state government nor of the local governments, though these bodies work in coordination with their federal counterparts. With the nationwide application of immigration laws, its practice is also national in scope. An immigration attorney can represent clients in Colorado or California even if he is based in Florida or in other parts of the country. Thus, it isn’t uncommon that clients residing in one state have their immigration attorney based in another.

What happens if a client has to have an interview before a local USCIS district office but his immigration attorney cannot personally attend due to geographical constraints? The attorney may have to request the USCIS to be allowed to join through a telephonic conference during the interview. Another way of doing it is that the client himself has to request the USCIS officer that his lawyer be present through a telephonic conference during the interview. Bear in mind this request may be granted at the discretion of the USCIS officer. So a denial of such a request is still a big possibility.

If this request is granted, the USCIS officer will call your attorney and just like in an in-person interview, he will listen in to the questions and speak with the officer. You can also request to consult with your attorney when you need some questions clarified before you answer. One limitation though is that if there are some documents you need to review or submit, your attorney may not be able to read through them.

Telephonic conferences had been widely used even before the pandemic. Immigration courts allow these during proceedings. So it’s always an alternative available to those eligible to use it. Of course, it’s always preferable to feel the comfort of having your attorney beside you during these anxiety-filled and stressful interviews. So, as much as possible, make sure he should be physically present, or if he cannot be there, you are prepared and ready for whatever question may be asked. Don’t forget to request for a telephonic interview. If you don’t, you waive your right to an attorney.