Immigration Corner: Know your Immigration Rights

This is a column created especially for immigrants concerned or unsure of issues pertaining to the U.S. Immigration Law. The column will answer some of our readers frequently asked questions and provide answers from qualified immigration attorneys and advocates lobbying for the U.S. immigration cause.

Q: Is it true that the U.S. Citizenship & Immigration Services will raise application fees again?

A: Russ Knocke, a Citizenship and Immigration Services spokesman, recently acknowledged to immigration groups that a fee increase is underway, but he said the final amount has not yet been decided. However, the Associated Press recently quoted immigration advocates as saying they were told the increase could be about $15 in application fees.

A permanent resident currently pays $260, plus a $50 fingerprinting fee, to become a citizen. An immigrant over the age of 14 must pay $255 to apply for permanent residency or what is known as a green card, and the $50 fingerprinting fee. So fees could now be $275 and $65, respectively.

Q: Soon, the INS will interview me for my green card. What questions will the examiner ask about my marriage? My marriage to a U.S. citizen is “bona fide.” ?

A: Other than the questions on the forms you submitted, there is no telling exactly what an examiner could ask you, says the law office of True, Walsh and Miller. However, to prove your marriage is ‘real,’ bring as many items as you have that prove your marriage isn’t a “sham.” Examples are photos of you and your spouse together, especially those that include relatives and friends, a bank or credit card statement showing a joint account, and bills and letters sent to either or both of you at the same address.

Of course, say attorneys, the examiner will expect you and your wife to know personal information about each other, such as birth dates. If you don’t understand a question, ask the examiner to repeat it, advise attorneys. Among the common questions asked in marriage fraud interviews are: “Have you ever met each other’s relatives?” “What are the colors of the walls in your apartment?” “When did you meet?” “What vacations have you taken together, if any?” and “Do you have a television?”

INS rules say that an examiner shouldn’t ask questions that might embarrass you such as whether you sleep in the same bed and the color of your bed sheets. Still, that’s been known to happen so be prepared. If the examiner has any doubts about the marriage, you’ll be scheduled for a second interview, called a “Stokes” interview after the federal court decision requiring the INS to record marriage fraud interviews, add the TWM attorneys. Goodluck!

Please Note: The INS no longer exists as of March 1st. It is now the Bureau of Citizenship and Immigration Services (BCIS) within the Department of Homeland Security, which will handle all petitions. There is also the Bureau of Immigration and Customs Enforcement and the Bureau of Customs and Border Protection. The National Customer Service Call Center will still be 1-800-375-5283, or for the hearing impaired at 1-800-767-1833. You can download forms and check the status of your case online at www.immigration.gov.

About the writer: Felicia Persaud is a New York-based journalist covering immigration and head of Hard Beat Communications, a news service. If you or someone you know has an immigration question, email Felicia directly at hardbeatinc@aol.com. Individuals can keep their anonymity if preferred, since questions will not be answered personally! As usual, it’s always best to double check with an attorney on your specific case.