What Happens After USCIS Home Visit
Steps to Take After a USCIS Home Interview
While USCIS home visits usually happen when cases of fraud are suspected, the new administration enforcement priorities have already created changes in some immigration policies. Expedited removal can now happen if an immigrant can’t prove they have been in the U.S. for more than two years. While immigrants who have green cards typically aren’t targeted or surprised by unexpected home visits, if someone doesn’t have proper documents, they can now be potentially deported without an opportunity to see an immigration judge.
Changes to immigration policies might also delay the processing time of immigration applications. If you’re a foreigner applying for a visa or green card and need help navigating through the immigration process, it’s wise to have an experienced immigration attorney help you so you know what to do if you receive a home visit notice.
If you or a loved one is having immigration issues, having an immigration attorney at your side can make all the difference. If you are in southern California area, contact North County Immigration today to learn how we can help you!
What Triggers a USCIS Home Visit?
Triggers for USCIS immigration officer home visits include potential fraud in marriage-based green card applications, red flags during interviews, or suspicious addresses. Home visits may happen when there has been previous misrepresentation or violations.
What to Do After a USCIS Home Visit Notice?
Gather all your immigration status documents. Contact an immigration attorney before your scheduled USCIS home visit. Home visits happen when USCIS suspects fraud, but you should understand you have rights. You can refuse a home visit if USCIS doesn’t have a judicial warrant. If you don’t agree to a home visit, it could lead to further investigation. If you get a home visit notice, a knowledgeable immigration attorney can help you prepare for the visit.
Preparing for USCIS Home Visit Questions
Be ready for questions officers might ask in a USCIS home visit for a marriage-based green card application. A USCIS green card home visit is uncommon unless it’s due to suspicion of marriage-based green card fraud. If officers do visit, they might ask about your daily schedules, domestic duties, and your relationship. Discuss potential answers with your spouse to ensure your responses are consistent and truthful to validate your daily routine. Always be cooperative to present a good impression.
Can I Refuse Entry to USCIS Officers at Home?
An ICE administrative warrant allows an immigrant to be arrested, but it doesn’t allow a USCIS agent entry to their home. If an agent says it is an expedited removal, you have the right not to open the door if they don’t have a judicial warrant. If an agent asks to enter your home, request to see the judicial warrant. The Fourth Amendment law protects anyone on U.S. soil from unreasonable search and seizure, not just U.S. citizens. However, agents can now enter public areas in schools, churches, and hospitals for ICE enforcement without a warrant, which recently was changed under the new administration.
Common Outcomes After a USCIS Home Visit
Following a USCIS home visit, several outcomes are possible, depending on the visit findings:
- Application Approval: If the USCIS officers find your information accurate and the purpose of the visit is valid, your application may proceed toward approval.
- Request for Additional Evidence (RFE): If the USCIS officers identify inconsistencies or need more documentation, USCIS may issue an RFE and ask for specific information to clarify your application.
- Application Denial: If substantial discrepancies or signs of fraud are discovered during the visit, USCIS might deny your application. Consult with an immigration attorney to understand your options.
USCIS home visits are typically conducted to verify application information, especially when fraud is suspected. Maintaining accurate and consistent information throughout your application process makes a favorable outcome more likely.
How to Respond to a USCIS Home Visit Follow-Up
To ensure your application proceeds smoothly, carefully read correspondence from USCIS and make sure you follow the required actions. Seek advice from an immigration lawyer to better understand what is expected of you and how to respond. If USCIS wants more documents or evidence to support your application, provide it. Make sure to follow USCIS deadlines.
What Happens After a USCIS Home Visit Decision?
After a USCIS home visit, the agents write a report that includes their observations and evidence collected during the visits. This report is reviewed and compared against your application to verify authenticity. If they match, the process proceeds. If fraud or discrepancies are found, USCIS might request more evidence, schedule a follow-up interview, or investigate further. Discuss this with your attorney to file a prompt response.
Timeframe for USCIS Home Visit Results
USCIS doesn’t give a standardized timeline for post-visit results. Every case is different. Some applicants get results in about four weeks, and others wait several months. Request assistance from your visa immigration lawyer if you don’t hear anything from USCIS for several weeks. They can check with USCIS about your case status.
What Does an RFE Mean After a USCIS Home Visit?
A Request for Evidence (RFE) from USCIS after your home visit means they need more information to decide your case. Reasons they might give you an RFE include expired evidence, missing documents, or clarification of information. Respond promptly and thoroughly so it doesn’t cause delays or denial of your application. Your immigration attorney can help you ensure your response is appropriate and thorough.
Handling NOIDs After a USCIS Home Visit
If you receive a Notice of Intent to Deny (NOID) from a USCIS, it could mean that based on a preliminary evaluation, they intend to deny your application. A NOID will detail specific reasons for potential denial and allow you to review and address these issues. An experienced immigration attorney can develop a proper response and ensure your documentation is thorough. Address each issue in the NOID and meet their deadline for responding. The NOID might be your final chance to provide evidence for your application’s approval, so it’s very important to complete it properly.
Steps to Take After a USCIS Home Visit Denial
Read your denial notice to better understand the specific reasons provided by USCIS. Schedule an appointment with an immigration attorney who can help you file an appeal, a motion to reopen the case, or reconsider the decision. Appeals have to be submitted within 30 days using Form I-290B. Gather additional evidence that addresses each issue to strengthen your case. At North County Immigration, we know that a denial from USCIS can overwhelm you, and we’re here to offer you valuable guidance.
Legal Help After a USCIS Home Visit Denial
USCIS denials can be complex cases and if you received a denial, you probably need to enlist help from a knowledgeable immigration attorney to show why the decision should be reconsidered or reversed. They may be able to identify errors or law or fact in the decision, offer new evidence, or cite relevant legal statutes to support your case.
How to Appeal a USCIS Home Visit Decision
Some USCIS decisions can’t be appealed. Review your denial letter to carefully determine whether your appeal is allowed. If an appeal isn’t an option, consider having your lawyer file a motion to reopen or ask USCIS to reconsider their decision.
How North County Immigration Can Help You
If you’re an immigrant who has been notified about a home visit or a USCIS fraud investigation or have concerns about your immigration status overall, getting advice from a North County Immigration attorney will help you understand your options and what you need to do to successfully navigate the U.S. immigration system. We’re committed to helping you with the immigration process, providing you with legal support, and working diligently toward the outcome you’re hoping for. Contact us to set up an appointment so we can further discuss your case and get started.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.