What is a Stokes interview?
And what are the top three red flags in your case that could potentially land
you one?
Anyone doing the marriage, immigration process dreads that time
when they'll be called for an interview in front of an immigration officer.
And in fact, there are stories and stories abound.
All over the Internet talking about the horror stories
of the detailed questions asked by immigration officers
such as what side of the bed does your spouse sleep on?
What color is their toothbrush?
So on and so forth.
This type of an interview where they ask you so many detailed
questions, is actually not the normal interview
and instead is usually something called a Stokes interview.
A Stokes interview is a special type of marriage green card interview
that an immigration officer may decide to give you in your case,
especially if they suspect marriage fraud.
So why does immigration need to do this?
What are the top three red flags in your case
that might cause you to get scheduled for a Stokes interview?
And if you get scheduled for a Stokes
interview, how can you actually prepare for this type of process?
Be sure to stay tuned and find out.
My name is Moumita Rahman.
I have been a practicing immigration lawyer for the past 13 years,
and I love helping immigrants navigate the immigration system.
If you would like my help on your case, call our office
at 212-248-7907
to schedule a case evaluation with my legal team.
We're based in New York.
However, we serve immigration clients all over the United States.
So at what point might you get scheduled a Stokes interview?
Well, in my experience, the majority of Stokes interviews are usually scheduled
after the couple has already appeared for their first initial interview.
If at this interview, the officer still continues to suspect fraud.
Then they may decide to schedule you for one, and you'll find out roughly
six months to a year or more after you have your first interview
about the Stokes interview appointment date.
But there has been at least one occasion where I have been on
an interview with my clients in Columbus, Ohio, where
right off the bat my clients were given a Stokes interview,
even though there were no red flags, so to speak, in their case.
So what are some of these red flags that you might have
in your immigration case that might trigger a Stokes interview?
The first one, which you may not like to hear
and I definitely do not agree with, is if you and your partner have a large age
difference, this may be a red flag for the immigration officer
that causes them to schedule you for a Stokes interview.
Now, I have been on at least two Stokes interviews
representing my clients where everything was legitimate.
The marriage was made in good faith.
They were in love and they had already taken so many steps
to join their lives together.
However, because there was nearly a 20 to 30 year
age difference between the couples for whatever prejudices
the officer held,
the clients got scheduled for a Stokes interview, and unfortunately,
I have seen this play out more often when if it is a heterosexual relationship
where the woman is much older than the male spouse.
Now love is love and age does not always govern love.
However, immigration officers are really bound
by some pretty old fashioned rules, some old fashioned prejudices
and preconceptions about what a real relationship is like.
So this could be a red flag that triggers you for a Stokes interview
no matter what.
The second red flag that may cause you to be scheduled for a Stokes
interview is if you have had a bad first interview.
Now, what constitutes a bad first interview?
There are actually a number of many red flags that may constitute
a bad immigration interview from the perspective of USCIS.
This includes, number one, if you or your partner show up late to the interview.
Number two, if you give multiple inconsistent answers
at the interview itself.
Number three, if you do not have good evidence
at the time of your interview or before you file your case.
Numbers four if you and your partner, argue either
with each other or with the immigration officer at the time of the interview?
And the last reason is if there is actually inconsistent information
about you or about your relationship that is publicly available.
For example, if you have a public Facebook page
that says you're in a relationship with somebody other than your spouse
and the immigration officer sees it no matter how
you answer at your interview, that is going to be a warning sign
for them, that will cause them to give you a Stokes interview.
And the third red flag that may cause you to be scheduled for a Stokes interview is
if you and your partner do not live in the same place
or during the course of your marriage, after filing your immigration
application, you have lived apart for any period of time.
Why does immigration consider any of these to be red flags?
Well, as I mentioned before, for the traditional sense of a couple
in a marital union, discrepancies in any of these things
that I have mentioned are just a warning sign for Immigration.
So, what can you do if you do end up being scheduled for a Stokes interview?
Well, number one is get an attorney.
An attorney representing you at this interview is crucial.
But not only should you hire an attorney to represent you at the interview,
that same attorney should ideally be helping
you prepare your answers for the interview.
And the second thing that you need to do is prepare, prepare, prepare.
I'm talking about prepare your answers.
Go over your history, go over your applications, discuss
little things that so many people take for granted because believe it or not,
it doesn't matter how long you've been married,
it doesn't matter how real your relationship is.
Most average couples cannot answer a lot of these basic questions the same way.
Every single person is different.
People have different opinions.
People observe different things.
People remember things differently.
No one's memory is the same.
That is why it is really important to prepare properly
for your Stokes interview, and I believe I have a video already that you can watch
to help you prepare for this interview.
And when you prepare, you must also prepare your documents.
Now is the time to overload Immigration
with as much bona fide joint evidence that you have from your marriage.
So this is why you might get a Stokes interview, but a Stokes interview is
not the end of the world.
I have had several clients be scheduled for Stokes interviews.
I have gone in on cases where I did not file
the initial application and they represented the clients
for Stokes interview and things turned out great.
Those clients got their green card,
because we put in the work to make sure the clients were properly
prepared and the inconsistencies were addressed
from the get go so that there were no problems down the road.
And you can do the same with the proper guidance,
so make sure you and your partner submit
a good application and try to have a good first interview with Immigration.
And if that goes wrong, prepare properly for your Stokes interview.
Should you be sentenced with one? If you want my help
navigating your immigration journey, call us at 212-248-7907.
I will continue
to make videos to share my knowledge in immigration law.
And if you have found this helpful, please give me a subscribe
and please share my videos wherever you see me.
And don't forget to follow me on TikTok and Instagram.
My name is Moumita Rahman. See you next time.