- What is the remedy for attorneys who are present in interviews in which the interviewing officer asks inappropriate questions? One example is a case in which an officer asked an applicant why they have not had children (the case was not married based).
USCIS Response: Please ask to speak to the Section Manager. If the Section Manager is not available, ask for the Field Office Director. Please note that District 23 will be training officers on interview techniques and how to deal with attorneys during an interview.
- Please confirm that District 23 encourages attorneys to participate in interviews when appropriate and helpful and that officers should not tell attorneys that they are “not allowed to speaking during the interview”.
USCIS Response: Chapters 12 and 15 of the Adjudicators Field Manual states the following:
- Attorneys may not respond to questions the USCIS officer directs to the applicant, petitioner, or witness except to ask the USCIS officer to clarify the question asked. An attorney or representative may ask additional questions at the conclusion of the interview by the officer.
- An attorney or representative may not serve as their client’s interpreter during an interview
- USCIS officers should not engage in personal conversations or arguments with attorneys or representative during the course of an interview
- The attorney or representative may object to the appropriateness of a line of questioning and, as a last resort, may request supervisory review without terminating the interview
- An applicant or his/her attorney should be permitted to present documents or other evidence that may help to clarify an issue of concern to the interviewer.