Category: Marriage Based Immigration

Advantage of Hiring an Attorney for Marriage Based Immigration Application

by Nicklaus Misiti

Recently a potential client entered our office distraught.  She had just received notice that her completely lawful marriage had raised a number of red flags and that immigration had called her back for a 2nd interview or what is called a Stokes Interview.

A Stokes interview occurs where immigration suspects the marriage is not a good faith marriage and that it was just arranged for immigration purposes.  The Stokes interview takes each party into separate rooms and asks a series of questions to determine if they are lying or telling the truth.  At the end the parties are brought together to explain and discrepancies.

After briefly discussing her case with her we quickly realized that she had a bona fide marriage and that her main issue was she had tried to save a few dollars by not having an attorney prepare her application for her.  She simply wanted to save some money so she and her husband decided to try to do it themselves.  Now she was on the verge of a nervous breakdown thinking her application would certainly be denied at the Stokes interview and that she would separated from her family and deported.

We assured her we could help her and at this point she realized it was well worth the money, as it was obvious to her she should have hired us from the beginning.   After asking her a few questions we determined the interviewer had been highly inappropriate with her.  He had attempted to intimidate her and even asked her questions about how her husband could have “loved her.”

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