Stand and Deliver: Practice Tips on

Preparing Your Client for an NIV Interview

by Liam Schwartz*

 

THINGS YOUR CLIENT SHOULD KNOW ABOUT THE INTERVIEW PROCESS
The new “interviews for everyone” requirement is based on national security concerns that take abso-lute precedence over the promotion of other interests such as tourism, academics, or business.

Visa interviews can be an unpleasant and even intimidating experience. The client will often wait for several hours to be called for an interview that lasts only three minutes. During these critical 180 seconds, the applicant stands and the consul sits on opposite sides of heavy bullet-proof glass.

The visa process has become subject to an in-creased level of unforeseeable delay, also known as “further administrative review.” Reasons for further administrative review include: the applicant has a criminal conviction; the applicant has a name and date of birth which closely parallel those of a known criminal; the applicant is a national of a country listed as a state sponsor of terrorism; the applicant will be exposed to sensitive technology during his or her visit to the United States.

THINGS YOUR CLIENT SHOULD KNOW ABOUT THE INTERVIEWING CONSUL

The interviewing consul will likely be a young Junior Officer completing an initial rite of passage before going on to a more desirable specialty such as politics, economics, or public affairs. These entry-level diplomats are thrown into the trenches of America’s struggle to guard the visa gateway over-seas and they are under intense pressure to do the job right.

The significant increase in hours devoted to visa interviews has led to a feeling of burnout among some consular officers. Even worse, the new “inter-views for everyone” policy leaves very little time for consular training since officers are needed to work at the interview windows for most, if not all, of the day.

THINGS YOU SHOULD KNOW ABOUT WHAT CONSULS ARE TOLD ABOUT THE IMPORTANCE OF THE VISA INTERVIEW

Consular officers are told they are on the front line of America’s war against terrorism, and that the visa interview is a critical weapon in our ability to win this war.

Consular officers are told that the personal price of issuing a visa to the “wrong” person can be loss of job, disciplinary charges, and even dismissal from the foreign service. In practice, this often means that the interviewing officer will find it a lot easier to “just say no” to a visa application.

Consular officers are told that the interview should be utilized to “elicit pertinent information in order to assess the alien’s qualifications for the visa.” In practice, this often means that consular of-ficers will readjudicate approvals already given by USCIS.

PREPARING FOR THE INTERVIEW: DO’S AND DON’TS FOR THE CLIENT

Dress
Do dress the part—how you appear will impact on the consul’s impression about your eligibility for the visa.

Preparation
Do review the application documents as if you were preparing for a school exam. Practice for the interview with your attorney. The night before the interview, write a statement of your eligibility for the visa.
Understand the basic requirements for the visa. For example, practitioners need to make sure the client understands that when she applies for a B-2 visa, she has the burden of convincing the consular officer that she is only coming to the United States to visit and that she has strong ties to her home country. Or, the H 1B applicant should understand that he may need to show that the job requires a de-gree and that he must have a degree or degree equivalent that is relevant to the job.

Children

Choose one of the following:

  • Do take young children to interviews (if per-mitted)—you might get increased understand-ing from the interviewing officer, who may have children the same age at home.
  • Don’t take young children to the interview—a screaming child will only serve to distract both you and the interviewing officer.

 

PERFORMING AT THE INTERVIEW:
DOS AND DON’TS FOR THE CLIENT

Do’s:

  • Be punctual, and remember that the interview will only last two to three minutes.
  • Approach the window, smile, say “good morning.” 
  • Wait and listen for the first question.
  • Begin your response in the positive (I do, I have, I am).
  • Be a good listener.
  • Give short and simple answers.
  • Display confidence in your responses.
  • Maintain constant eye contact with the consul.
  • Ask the officer to repeat or rephrase the ques-tion if you don’t understand.

If the consul indicates that the case needs further administrative review, attempt to elicit as much in-formation as possible as to the reason in order to assist your attorney to advise you as to your options.
 

Don’ts

  • Don’t elaborate
  • Never shout.
  • Never interrupt.
  • Don’t argue with the consular officer.
  • Don’t lie to the consular officer.
  • Don’t ask unnecessary questions.
  • Don’t volunteer any information that is not requested.
  • Don’t respond to questions with free narra-tive—stick to the point!
  • Don’t joke around with the consular officer.
  • Don’t give up jobs, take kids out of school, commit to lease payments on a U.S. home, or put the family dog up for adoption in anticipa-tion of receiving a visa. The reality of non-immigrant visa processing in 2004 is that “it ain’t over ’til it’s over”—in this case, until you actually see the visa stamp in your pass-port.