What is a Stokes Interview?
The Stokes interview is the second interview that marriage visa applicants must attend if their first marriage visa interview is not successful. In New York City marriage visa cases the second interview is called a Stokes interview based upon a class action settlement in which the immigration agency agreed to conduct the interviews in a certain way.
Why Am I Required to Attend a Stokes Interview?
There are many reasons why a couple will need to attend the second interview. Most often it is because their first marriage visa interview raised concerns with the interviewing officer. For example, a spouse might forget the street were the other spouse’s parents live. The immigration agency may also have concerns that the marriage is not in good faith and that the couple is trying to commit marriage fraud.
The Stokes interview is meant to alleviate any concerns the immigration agency may have about the marriage. Because of the agency’s fears about marriage fraud, many innocent couples get caught up in a Stokes Interview.
What is the Stokes Interview Process?
Both the US citizen and the foreign national spouse must attend the Stokes interview. Normally, the immigration official will invite the couple back to a small room where he or she will instruct the couple on the purpose of the interview. The immigration official will also begin videotaping the couple. The immigration official will then divide up the couple and ask each spouse a number of questions about the couple’s marriage, apartment, activities, and family.
Once the immigration official has asked both spouses the same question, the immigration official will bring the couple back together and attempt to clarify any inconsistencies found.
What Questions Can Be Asked During A NYC Stokes Interview?
Almost any kind of question can be asked during the Stokes interview. However, based upon the Stokes settlement, the immigration official cannot ask intimate questions, and cannot act in an abusive or profane manner.
Additionally, upon request, the immigration agency must provide any evidence it has about the couple.
What Are the Advantages of Having a NYC Immigration Lawyer at Stokes Interview?
It is very important to have a New York city immigration attorney come with you to the Stokes interview. The immigration attorney will be able to be present during the separate interviews and will be able to help identify and rectify any inconsistencies which might come up. A NYC immigration lawyer can also ensure that the couple’s rights are not violated and that the Stokes interview is conducted properly.