Should I Bring A Lawyer To My USCIS Interview?
TL;DR:
Most scheduled USCIS benefit interviews let you bring a lawyer for USCIS interview after your attorney files Form G-28. In marriage-based adjustment of status, USCIS generally requires an interview, though it can waive the interview in limited situations. In naturalization, the regulations allow you to request that an attorney or accredited representative be present at the N-400 examination. Representation is most helpful when your case includes arrests, prior denials, travel issues, or possible misrepresentation, because one confusing answer can create long delays.

Lawyer For USCIS Interview: When It Helps & When It’s Optional
A USCIS interview feels personal because it is personal. You are under oath, and the officer is checking whether your answers match your paperwork. This is general information, not legal advice.
The immigration regulations give you the right to be represented during USCIS “examinations” (8 C.F.R. § 292.5(b)). The same rule also says there is no right to representation during primary or secondary inspection at the airport or border, unless you are in custody and the focus of a criminal investigation (8 C.F.R. § 292.5(b)).
If you want a representative at a USCIS interview, your attorney usually files Form G-28 so USCIS treats that person as your representative. Working with a Houston immigration attorney can also help you decide whether full representation is necessary, or whether interview coaching is enough.
What Counsel Adds In the Room
- Keeps a clean copy of your filing on hand.
- Asks for clarification when a question is confusing.
- Helps organize and submit updated documents.
- Protects the record with notes and clear corrections.
One more practical note: having counsel present does not guarantee approval, and going alone does not mean trouble. The real value is preparation. If you feel nervous, do a practice interview, review your evidence, and make sure your story matches every form you signed.
Marriage-Based Green Card Interview For Adjustment Of Status
Adjustment of Status is the process of applying for a Green Card from inside the U.S. The regulation says each adjustment applicant “shall be interviewed,” though USCIS can waive the interview in limited situations (8 C.F.R. § 245.6).
You can often attend your marriage-based green card interview without a lawyer when the relationship evidence is strong and the file is consistent. Bring counsel when something in the case could turn into a legal eligibility question.
At a typical marriage-based AOS interview, the officer confirms basic biographic information, reviews the yes/no security questions, and asks about your relationship. Expect questions about how you met, where you live, your daily routines, and shared finances. Bring updated joint evidence that covers recent months, not only the wedding date.
Signs your case may be straightforward:
- Clean criminal and immigration history for both spouses.
- Plenty of joint documents, not just photos.
- No prior denials or prior petitions.
Red flags that justify bringing a lawyer:
- Any arrests, even dismissed cases.
- Prior immigration denials, removals, or suspected misrepresentation.
- Gaps in shared evidence or major timeline inconsistencies.
Mini-story: We have seen interviews stay on track because counsel had the missing certified divorce decree ready, so the officer could finish the review without issuing a delay.
Naturalization Interview: When To Bring Counsel To The N-400
Naturalization interviews include the English and civics tests and a detailed review of your N-400. The regulation says you may request the presence of an attorney or representative who has filed an appearance under the representation rules (8 C.F.R. § 335.2(a)).
You can often attend alone if you meet the time requirements, have simple travel history, and have no criminal or tax issues. A lawyer becomes valuable when your eligibility depends on facts USCIS will probe closely.
Consider counsel if you have:
- Any arrest history, DUI, or pending case.
- Long trips abroad or many short trips that are hard to track.
- Tax filing problems, unpaid child support, or prior immigration mistakes.
Mini-story: A “dismissed” case still needs a certified court disposition; having it at the interview can prevent a continuance and months of extra waiting.
Complex USCIS Interviews: Arrests, Prior Denials & Fraud Concerns
Complex cases are the ones where a single answer can trigger follow-up interviews, Requests for Evidence, or a denial. Representation is often worth it when your case involves criminal history, prior denials, or any concern about fraud or misrepresentation.
Start with the basics:
- Get certified dispositions for every arrest or charge.
- Bring proof of compliance with any sentence or probation terms.
- Correct errors directly; do not guess.
In naturalization, USCIS can correct written answers on the application to match your sworn oral statements (8 C.F.R. § 335.2(c)). That process goes better when you have your documents and timeline organized.
Mini-story: When an officer asked about a date that did not match the file, counsel pointed to the I-94 and helped the applicant correct the record calmly, before the issue turned into a credibility problem.
USCIS Interview Checklist If You Go Without A Lawyer
If you choose to attend alone, use this checklist:
- Re-read every form you filed and make sure you understand each answer.
- Bring your interview notice, photo ID, originals, and one set of copies.
- Organize evidence in labeled sections so you can find it fast.
- Answer the question asked, then stop.
- If you do not understand, ask the officer to repeat or rephrase.
- Afterward, write down what happened and follow every deadline.
Even if you plan to attend alone, a file review and practice interview can catch problems early and help you walk in calm.
If you have a USCIS interview coming up, we can help you prepare with clarity and confidence. Schedule A Confidential Evaluation with Houston Immigration Lawyers and we’ll review your filing, flag any risk areas, and build a document and question checklist for your specific case. If you want coaching only, we’ll do a practice interview and tighten your evidence packet. If you want representation at the interview, we’ll file the G-28 and attend with you. Everything you share with us is confidential.
About The Author: Kate Lincoln-Goldfinch
Kate Lincoln‑Goldfinch founded Houston Immigration Attorneys in 2015 and serves as its managing partner. After earning her J.D. from the University of Texas School of Law in 2008, she launched her advocacy journey as an Equal Justice Works Fellow supporting detained asylum‑seeking families. Today, Kate concentrates on family‑based immigration, deportation defense & humanitarian relief, including asylum & VAWA cases. She volunteers as Pro Bono Liaison for the AILA Texas Chapter and was honored as a Top Immigration Attorney by Austin Monthly in 2024. A mother of two, Kate is driven by a passion for immigrant justice and building stronger communities.

