Client Assessment & Counseling Flashcards

Which service may a U.S. immigration consultant who is neither an attorney nor a DOJ-accredited representative lawfully provide?

Answer: Typing or translating form answers exactly as the client dictates, without legal advice

Non-attorney consultants may give clerical help such as transcription or translation, but choosing forms or categories counts as legal advice.

During intake, a client says they were ordered removed from the U.S. years ago and later re-entered. What is the most appropriate next step?

Answer: Note possible reinstatement and inadmissibility issues and refer the client to an immigration attorney

A prior removal order followed by re-entry can trigger reinstatement and permanent bars, so the client needs an attorney's analysis.

A client accrued about 8 months of unlawful presence in the U.S. and then departed. Which inadmissibility bar generally applies?

Answer: A 3-year bar

Under INA 212(a)(9)(B)(i)(I), more than 180 days but less than one year of unlawful presence followed by departure triggers a 3-year bar.

Which situation generally triggers the 10-year unlawful presence bar?

Answer: Accruing one year or more of unlawful presence and then departing

INA 212(a)(9)(B)(i)(II) imposes a 10-year bar after one year or more of unlawful presence followed by departure.

A client asks you to leave a past arrest off an immigration form because 'it was dismissed.' How should you counsel the client?

Answer: Explain that the forms require truthful disclosure and that misrepresentation can make them permanently inadmissible

Forms ask about arrests whatever the outcome, and willful misrepresentation can trigger permanent inadmissibility under INA 212(a)(6)(C)(i).

A client with limited English brings their 12-year-old child to translate during the assessment interview. What is the best practice?

Answer: Arrange a qualified, neutral interpreter instead of the minor

Using a minor as interpreter risks inaccurate translation and puts sensitive information in front of the child, so a qualified neutral interpreter is preferred.

Which element is most essential in a written service agreement between a non-attorney immigration consultant and a client?

Answer: A clear scope of services and fees, plus a statement that the consultant is not an attorney and cannot give legal advice

Clear scope, fees, and disclosure of non-attorney status protect the client and are required by many state immigration consultant laws.