Ethical Practices & Professional Standards Flashcards

A non-attorney immigration consultant is asked by a client to appear with them at a USCIS interview and argue the case. What is the ethical response?

Answer: Decline representation and explain that only attorneys or DOJ-accredited representatives may represent clients before USCIS

Under 8 CFR 292.1, representation before DHS is limited to attorneys, accredited representatives, and a few narrow categories, not paid consultants.

Which advertising practice is prohibited for immigration consultants in many U.S. states, including California?

Answer: Using the title "notario público" or similar terms implying legal authority

States restrict "notario" titles because in many Latin American countries a notario is a licensed legal professional, which misleads clients.

A client asks the consultant to promise that their green card application will be approved. What is the correct response?

Answer: Explain that no outcome can be guaranteed because the decision rests with the government

Guaranteeing results is misleading and prohibited because approval depends solely on the adjudicating agency.

A consultant prepares a client's Form I-130 for a fee. What disclosure obligation applies on the form itself?

Answer: Complete and sign the preparer section with the consultant's name and contact information

Anyone who prepares a USCIS form for someone else must identify themselves and sign the preparer's certification.

A client wants to omit a prior arrest from a naturalization application because "it was dismissed." How should the consultant respond?

Answer: Advise that the form requires disclosure and refer the client to an attorney for legal advice on its effect

Knowingly omitting required information can constitute fraud or misrepresentation, and assessing its legal effect requires an attorney.

Which fee practice is ethically improper for an immigration consultant?

Answer: Charging clients for blank USCIS forms that are available free

USCIS forms are free to download, so selling blank forms is deceptive.

A former client asks for their original birth certificate back, but they still owe a balance. What should the consultant do?

Answer: Return the original document promptly regardless of the unpaid balance

Consultants may not retain a client's original documents as leverage, and state laws commonly require their return on request.