AOS Interview

[cbn]

Recently received separate AOS interview time and date notifications for my wife and her 13 year old daughter, with her daughter's on 4/24 and hers 5/14. I don't recall reading much here or elsewhere about kids being interviewed and I thought perhaps it was a mistake that they got separated somehow. So, I stopped by the USCIS office here, which is very small, and inquired. The officer said, not surprisingly, that he had to do them as they were sent to him. He had my step-daughters file but hadn't received my wife's. I could see the file and it had almost nothing in it. He was accommodating enough that he rearranged the appointment to Saturday so she would not have to miss school. That was good. However, I feel a little nervous about the whole thing! I'm not sure what to expect. He indicated a release form had to be signed before interviewing any child to protect him. On the language side, my step-daughter has progressed quite well in school. She is mainstreamed, out of ESL, and a gets straight A's with relentless study habits. But her speech and listening skill are still developing. If she is very nervous I notice her translating skills slow down.

 

Anyway, if there is anyone who has had experience with a child interview, thanks in advance for your input.

[LeeFisher3]

This is the first I have heard of any release being signed, it sounds as if the interviewing officer intends to interview her without your or your wife present. I would not sign a form for her to be interviewed alone mainly because there is a language barrier that does exist unless your daughter is fluent in English.

 

You and your wife SHOULD be present during the interview of your minor child. If the IO objects you need to remind them that they will be asking legal questions of a minor and your presence is required, if that is not acceptable you may want to ask to speak to their supervisor and request that they be interviewed together, as is common.

 

Also, as her visa is based upon derivative status from her mother I don't believe that she would be able to be approved until mom is approved, but I could be wrong.

 

The basic interview of a K-2 is usually verifying the information on the forms is correct, but the IO may be looking for something more to come out of the interview.

[Randy W]

This is the first I have heard of any release being signed, it sounds as if the interviewing officer intends to interview her without your or your wife present. I would not sign a form for her to be interviewed alone mainly because there is a language barrier that does exist unless your daughter is fluent in English.

 

You and your wife SHOULD be present during the interview of your minor child. If the IO objects you need to remind them that they will be asking legal questions of a minor and your presence is required, if that is not acceptable you may want to ask to speak to their supervisor and request that they be interviewed together, as is common.

 

Also, as her visa is based upon derivative status from her mother I don't believe that she would be able to be approved until mom is approved, but I could be wrong.

 

The basic interview of a K-2 is usually verifying the information on the forms is correct, but the IO may be looking for something more to come out of the interview.

The derivative status is required for the visa, not the AOS (except that the parent must have married the petitioner). I believe we've seen cases where the child got the green card long before the parent, so that shouldn't be a problem.

 

But I agree that interviewing the child alone shouldn't be allowed, unless they are very insistent. Maybe get a signed statement from them that it is required?