This is a real story about a couple who did everything right, had a clean case, went to their marriage green card interview without an attorney, and left facing deportation. Not because their case had a problem. Because an officer told them to sign something they did not understand, they signed it, and by the time they understood what had happened, it was too late to simply undo it. This is one of the most important cautionary stories in recent immigration practice, and every couple approaching a green card interview needs to hear it.
What happened at this interview?
The couple in this case was going through an adjustment of status marriage green card case. The foreign national spouse was a green card holder’s spouse, meaning the petitioner was a lawful permanent resident rather than a U.S. citizen. They had filed the case properly, the foreign national had been in valid status at the time of filing, and by every measure the case appeared approvable.
They attended the USCIS adjustment of status interview without an immigration attorney. At the interview, the officer told them the case was not approvable because, according to the officer, the foreign national did not have valid status at the time of filing. This assessment was incorrect. The person had been in status when they filed.
Rather than simply issuing a denial if that was genuinely the officer’s position, the officer made an unusual offer. The officer suggested that if the couple signed a withdrawal of the application, it would be easier and smoother for them, that it would make things less of a hassle, and that they could fix things up later. The officer framed it as a better alternative to a denial.
The couple, without legal representation and not understanding immigration law, signed the withdrawal.
What does withdrawing a case actually mean?
This is the critical point that the couple did not understand when they signed. A withdrawal of an adjustment of status application is functionally equivalent to a denial from a practical standpoint. The case is removed from the system. The pending application that had been keeping the foreign national in a period of authorized stay is gone. And unlike a denial, which can sometimes be challenged or appealed depending on the circumstances, a withdrawal is the applicant’s own voluntary act. Arguing later that you were pressured or misled into signing it is extremely difficult.
When the couple contacted an immigration attorney after the fact, the attorney reviewed the case and confirmed what should have been obvious at the interview. There was nothing wrong with the case. The foreign national had been in valid status at the time of filing. The officer’s assessment was incorrect. The case should have been approved.
But by that point the withdrawal had been signed and the application was out of the system. The foreign national, who had been in status while the case was pending, was now out of status. The marriage to a lawful permanent resident rather than a U.S. citizen meant the path to refiling was significantly more complicated. And without the pending case to maintain status, immigration enforcement proceedings were now a real possibility.
What are the options now?
The options at this point are limited and uncertain. Attempting to reopen the case and arguing that the officer provided false or misleading information that induced the withdrawal is theoretically possible, but it is an uphill battle. Proving that an officer lied or gave incorrect information in a way that voids a signed withdrawal is an extraordinary claim that requires extraordinary evidence and carries no guarantee of success.
The couple is now facing immigration court proceedings. In the jurisdiction where they live, the realistic odds of avoiding removal without an extraordinarily sympathetic set of circumstances and a favorable judge are not good. A situation that never should have reached this point has become one of the most serious immigration consequences possible, all because of a document signed at an interview based on incorrect information from a government officer.
What are the lessons from this case?
The first lesson is the most immediate. Never sign anything at a USCIS interview without reading it fully and understanding exactly what it means. If an officer presents you with a document to sign, especially a withdrawal or any document that affects the status of your case, do not sign it on the spot. Ask for time to consult with an attorney. Step outside if you need to. Call your immigration lawyer. If you do not have one, do not sign until you understand what you are agreeing to.
The second lesson is broader and more important. Do not assume that USCIS officers know the law correctly and completely. Immigration law is extraordinarily complex and officers make mistakes. They misapply rules. They mischaracterize eligibility requirements. The USCIS 1-800 number gives incorrect information regularly. The USCIS.gov website contains errors and outdated content. An officer telling you your case is not approvable is not proof that your case is not approvable. It is one person’s assessment, and that person can be wrong.
The third lesson is the oldest one in immigration law. Going to a USCIS interview without an attorney on a case that matters is a risk that is almost never worth taking. A clean case can be made unclean by an officer who gives incorrect information to an unrepresented applicant who does not know enough to push back. An immigration attorney at the interview would have challenged the officer’s incorrect assessment on the spot, refused to sign the withdrawal, and protected the case from the outcome that destroyed it.
This couple’s situation may still have some avenues to explore. But the work required to fix a problem that never should have existed is enormous compared to the work that would have been required to simply attend the interview with proper representation.
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