What should I expect from an I-485 Interview with all the complications in my father's case? 4 Answers as of February 21, 2011

I recently became a Naturalized Citizen of the U.S. and shortly after that, filed an I-130 petition for my father in January 2010. Recently, we were notified by USCIS that his case was transferred to the National Benefits Center for processing. He then received a notice for an I-485 Interview appointment at the local USCIS office at the end of this month. My father came here on a Visitor Visa in January 1991, which he overstayed. At that time, he was misguided by an “agent” to file under LULAC to obtain permanent residency. That case and his I-485 application filed with it were denied and appealed unsuccessfully by my father’s previous attorney. Would my father need to be prepared for any LULAC-related questions that the IO might ask him? Can the LULAC history potentially affect the I-485 Interview and its outcome? In addition to the ones listed on his Interview Notice, are there any other documents/proof that he and I should bring with him to the interview? Based on all of the information that I have stated regarding my father’s case and all of his previous history, what type of questions should we expect from the IO? His current Passport just recently expired. If approved, will it hurt him that he does not have a valid passport which the IO can stamp? Thanks a lot in advance. Any help in this matter would be greatly appreciated!

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
As a U.S. citizen over 21 you can petition for your father as an immediate relative based only on his initial legal entry back in 1991. Normally I would not expect LULAC related questions at the interview (most officers are unlikely to know much if anything about this program) but if his LULAC case was denied for fraud then that denial will surely be explored at your interview. Best to have competent immigration counsel review both cases and prepare you both for the interview. If you would like a consultation on the facts of your specific case feel free to contact me as indicated below.

I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It would be irresponsible to assess your case without knowing so many facts. It is your best shot to hire an attorney to prepare for your case.
Answer Applies to: Florida
Replied: 1/31/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Please, please schedule a consultation with competent immigration attorney in your jurisdiction who can completely review your father's case and intentions and also who is familiar with the local attitude of that particular DHS office. There is the potential for a fraud finding which is very serious and also an immigrant intent issue. I have no idea if your father was involved with that, if he knew what he was signing, or when he formed the intent to remain in the US for a green card application. I wish you the best of luck and please see an attorney this week so your father is fully prepared for his interview and understands his legal position.
Answer Applies to: California
Replied: 1/31/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Your father's case has issues that need to be reviewed and analyzed by an attorney so that you and he can be fully informed of the possible consequences. You father will certainly be questioned by the USCIS regarding the LULAC application. A prior application that contacts false information can be grounds for denial of a subsequent application due to inadmissibility for fraud or misrepresentation. I strong advise you and your father to meet with an immigration attorney as soon as possible.
Answer Applies to: California
Replied: 1/31/2011
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