Comprehensive Overview of Immigration Law (COIL) Practice Exam

True or False: At the immigrant visa interview, the consular officer cannot question the applicant about the underlying basis for the visa because it was already approved.

1. True

2. False

3. Only for certain visas

4. True, if the petition was filed at USCIS

The correct answer is: False

The statement is false because, even if an immigrant visa petition has already been approved, the consular officer conducting the immigrant visa interview retains the authority to question the applicant about various aspects related to the underlying basis for the visa. This includes verifying the applicant’s eligibility, assessing any changes in circumstances since the petition approval, and ensuring that the information in the application is consistent and accurate. The purpose of the interview is to confirm the authenticity of the applicant’s information and to ensure that there are no disqualifying factors that may have arisen since the initial approval. The consular officer must ensure that the applicant is still eligible for the visa category being sought, thereby justifying the need for questioning during the interview process, regardless of prior approvals by USCIS.