What to Understand Before Facing USCIS Officers
July 17, 2025
rIf you have an upcoming USCIS interview—whether it’s for a green card, asylum, or another immigration benefit—it’s essential that you know your rights before walking into that office. Across the country, some immigrants are being caught off guard when USCIS interviews turn into coordinated encounters with ICE. In this blog, you’ll learn what to expect at your immigration interview, how to protect yourself, and why knowing your rights can make a powerful difference.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law, a New York immigration law firm. If you or a loved one needs assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her team of experienced immigration attorneys, who are ready to guide you through every step of the process.
Why Your USCIS Interview Deserves Serious Preparation
At McBean Law, we have seen firsthand how stressful and high-stakes immigration interviews can be. In some recent cases, individuals have arrived for what they thought was a routine interview, only to find ICE officers waiting to detain them. While not common, these situations are increasing in frequency—especially for people with removal orders, criminal histories, or red flags in their applications.
Even if your case seems straightforward, walking in unprepared can put your immigration future at risk.
Understanding the USCIS Interview Process
A USCIS interview is more than just a routine check-in—it can determine the outcome of your entire immigration journey. Whether you’re applying for a green card through marriage, seeking asylum, or updating your immigration status, here’s what typically happens during the interview:
- You’ll take an oath to tell the truth
- The officer will check your ID and application
- You may be asked if you need to correct or update anything
- The officer will begin asking questions—sometimes probing or unexpected ones
Be prepared for the possibility that the interview may be video- or audio-recorded, depending on the USCIS office.
You Still Have Rights Inside USCIS Offices
Many immigrants mistakenly believe that once they’re inside a USCIS building, they no longer have legal rights. That’s simply not true.
You are not required to answer every question—especially if doing so might incriminate you or negatively impact your case. You have the right to remain silent, and you can choose not to respond to a question that makes you uncomfortable. While USCIS officers are not police officers, some of the same legal principles apply when it comes to self-incrimination.
You also have the right to bring an immigration attorney to your interview. However, it’s important to know that the attorney’s role is limited. They cannot speak for you or interrupt the officer, but they can take notes, ask for clarification, and request the presence of a supervisor if the interview becomes problematic. Their presence alone can help keep the interview fair and professional.
If English isn’t your first language, you have the right to request an interpreter. Never guess your way through an interview, clarity is key.
How to Prepare the Right Way
Start by reviewing your application carefully. Make sure you understand every part of what you submitted to USCIS. If anything in your situation has changed, such as your address, marital status, or employment, be ready to explain it clearly.
Gather the original documents listed in your USCIS interview notice and bring copies of everything. If you only bring originals, there’s a risk the officer may take them and not return them—especially in cases involving birth certificates or marriage records.
Organization can also make a big difference. Arrange your paperwork neatly so you’re not scrambling during the interview. If you’re applying through marriage, it’s completely okay to review questions with your spouse. This is not about deception—it’s about being ready for one of the most important interviews of your life.
To better prepare for your USCIS interview and avoid delays, denials, or detention, watch Attorney LaToya McBean Pompy’s YouTube video, “Avoid Being Flagged, Denied or Detained at Your USCIS Interview.” It offers practical tips and legal insights every immigrant should know.
What to Do If Things Get Tense
If you begin to feel overwhelmed or anxious during the interview, you can ask for a short break. Step outside the office or cubicle, get a drink of water, and take a moment to compose yourself.
If something feels off—if the questions become hostile or seem unfair—you can request a supervisor. In most cases, your attorney will be able to do this on your behalf. Don’t let fear control the situation. Remain calm, assert your rights respectfully, and remember that you do not have to incriminate yourself.
After the interview, review how it went. If your attorney wasn’t present and you’re concerned about how things played out, speak to an immigration lawyer right away. Sometimes the USCIS officer may hint at what comes next—such as a Request for Evidence (RFE), a second interview, or even a potential denial.
Don’t Let Fear Replace Preparation
News reports and social media can leave immigrants feeling terrified about attending USCIS interviews. Stories of ICE arrests or sudden detentions are real—but they often involve applicants who had unresolved legal problems, like prior deportation orders or allegations of fraud.
There’s always a reason behind those extreme cases. If your case is in good standing and you’ve been honest in your application, don’t let fear paralyze you. The key is preparation, knowledge, and having professional support by your side.
Final Thoughts
Your USCIS interview is not just another appointment—it’s a critical step in your immigration journey. Being prepared, understanding your rights, and having a strategy can make all the difference. You don’t have to go through it alone. With the help of experienced immigration professionals, you can face the interview with confidence.
At McBean Law. We are committed to helping couples navigate every step of the process with confidence, strategy, and compassion. We’re here to support immigrants who are facing complex legal challenges. Schedule a consultation with us by calling (914) 898-9488. Follow us on YouTube, TikTok, Instagram, and Facebook for more resources and updates.
FAQs:
1. What should I expect during a USCIS interview?
At a USCIS interview, you’ll be placed under oath, asked to present your ID, and confirm the accuracy of your application. The officer may ask detailed or unexpected questions related to your case. Some interviews may also be audio- or video-recorded. Always be truthful and stay calm.
2. Do I have rights during my USCIS interview?
Yes. You have the right to remain silent if a question could incriminate you, and you can bring an immigration attorney to your interview. While your lawyer cannot speak for you, they can take notes, request clarification, or ask for a supervisor if something feels off. You also have the right to request an interpreter if needed.
3. How can I prepare for my green card or asylum interview?
Review your application carefully and gather all required original documents, along with copies. Organize your paperwork for easy access and consider rehearsing questions with your spouse if you’re applying through marriage.
4. What should I do if the USCIS officer is aggressive or I feel uncomfortable?
If you feel anxious or overwhelmed, you can politely ask for a short break. If the officer becomes aggressive or inappropriate, you—or your attorney—can request a supervisor. You are not required to answer questions that make you uncomfortable or could hurt your case.
5. Can I be arrested at my USCIS interview?
While rare, arrests can happen—especially for applicants with prior removal orders, serious criminal histories, or suspected fraud. That’s why it’s crucial to consult an immigration attorney before your interview if any red flags exist in your case. Being honest and prepared greatly reduces your risk.
