Sweta Khandelwal

Surviving an Immigration Interview

After all of the papers have been filed and the visa has been approved, there is still one major hurdle on an intending immigrant’s mind: the visa interview.

Surviving an Immigration Interview

The Interview

After all of the papers have been filed and the visa has been approved, there is still one major hurdle on an intending immigrant’s mind: the visa interview. There is not much public information about these visa interviews that happen at consulates and embassies, but here is some information our office has been able to glean.

The interviewing consular officer’s duty is to answer two questions:

  1. Is the applicant eligible for a visa?
  2. Even if the applicant is eligible for a visa, is there anything that might make them inadmissible regardless?

The simplest example would be a H-1B visa applicant who has been charged with crimes in a previous visit to the United States. The H-1B visa applicant, although has filed all of the necessary paperwork and has worked tirelessly with his or her employer, might still be found inadmissible if during the interview it is revealed that the H-1B visa applicant was charged or convicted of crimes before.

Consular officers try to answer the two questions above by depending mostly on the visa applicant’s words in the interview and the applicant’s answers on the online visa application (Form DS-160). The papers and documents submitted are still important, but not as important for the consular officer’s purposes of the interview. Thus it is important to tell the truth to the officer and mention all of the important details rather than relying on the consular officer to sift through paperwork and documents to hunt for the answer.

The visa interview is not always done in private, and the consular officer will tell the applicant at the end of the interview whether the visa was granted or denied. There are two types of denials: First, there is an absolute denial where the consular officer finds the applicant is ineligible to receive the visa. A second type of denial is where the consular might need more information to determine eligibility. This second type of tentative refusal is known as a “221(g)” or “administrative processing”, and is similar to a Request For Evidence (“RFE”) from USCIS.

If such 221(g) or administrative processing is found, it is up to the alien to request any possible waivers. Read all the documents the consular officers gives you and the post-denial options you have. Clearly indicate to the consular officer whether you will pursue any of these options and collect any and all receipts, documents, and other papers for your immigration attorney, if you have one, to review.

It is the immigration attorney’s job to work with the applicant to review all forms, supporting evidence, and the applicant’s background to make sure that the applicant’s answers are truthful and consistent at the interview. If you have questions about your visa interview or any other immigration questions, contact our office today.

Customer Stories

See how leading enterprise in-house teams have scaled smarter with Legal.io's high-caliber flex talent.

More from Legal.io


Near-Record Profits for Law Firms in Q3 2024

Law firms reported an 11.2% profit increase in Q3 2024, fueled by higher lawyer productivity and strong billing rates. Demand across various practices also contributed to the growth.

Nov 12, 2024
Read More
Hormel Foods Appoints New Senior VP of External Affairs & GC

Colleen Batcheler steps into a key leadership role at Hormel Foods Corporation, overseeing global Legal and External Affairs.

May 24, 2024
Read More
Law Schools Expand Tech Training but Stop Short of Steering Students Into Legal Tech

Law schools are adding legal tech courses but still focus on traditional career paths, leaving students to find their own way into the growing legal technology industry.

Oct 16, 2025
Read More
Harvey AI Hits $5B Valuation Amid Legal Tech Expansion

Harvey AI secures $300M Series E funding, doubling valuation to $5B, and outlines expansion into adjacent professional services beyond legal.

Jun 24, 2025
Read More
Coinbase Wins Key Arbitration Ruling in Class Action Dispute

By ruling in favor of Coinbase in a $5 million class action, the Ninth Circuit clarified a recent Supreme Court precedent finding that when a party requests a stay in a dispute subject to arbitration, the district court has no discretion to deny it.

Oct 29, 2024
Read More
Ready to hire?

Schedule a free consultation to discuss your hiring needs.

Free 15-min consultation
Legal.io Platform
5 star reviews
Hiring made smarter

Easy-to-use platform for hiring legal talent, managing spend, and optimizing your panel — plus an average savings of 50%.

Need Immediate Help?

Submit a hiring request and let our experts handle the entire process for you.