Client Consultation & Advocacy Flashcards

A U.S. citizen client wants to petition for their same-sex spouse. Under current law, the specialist should advise that:

Answer: USCIS recognizes same-sex marriages performed in jurisdictions where they are legal for immigration purposes

Following Obergefell v. Hodges and subsequent USCIS policy, lawfully performed same-sex marriages are recognized for all immigration benefits.

A client discloses they were previously ordered removed in absentia. The best immediate step is to:

Answer: Evaluate whether the client can file a motion to reopen based on lack of proper notice or exceptional circumstances

An in absentia removal order may be rescinded through a motion to reopen if the client can show lack of notice or exceptional circumstances.

During a client interview at USCIS, the officer asks a question outside the scope of the petition. The advocate's appropriate response is to:

Answer: Politely note the scope and advise the client to answer truthfully within their knowledge

Advocates should guide clients to respond truthfully while noting relevance concerns professionally, without obstructing the interview.

A nonprofit accredited representative is asked by their director to handle a complex removal defense case they have never handled before. They should:

Answer: Decline or seek appropriate supervision and co-representation by an attorney

Competence requires recognizing the limits of one's experience; seeking supervision or referral protects the client's interests.

A client who is a DACA recipient wants to know if they can travel internationally. The specialist should advise that:

Answer: DACA recipients must obtain advance parole before traveling, and travel without it may terminate DACA and trigger bars

DACA recipients must obtain advance parole before international travel; departure without it is treated as voluntary departure and can have severe consequences.

A client asks the specialist to draft a personal statement for their asylum case. The specialist should ensure the statement:

Answer: Reflects the client's own words and experiences, with the specialist's assistance in organizing and clarifying

Personal declarations in asylum cases must authentically reflect the applicant's own account; the specialist's role is to organize, not author the narrative.

A client's I-485 has been pending for over three years with no RFE or interview notice. The best advocacy action is to:

Answer: File a mandamus action in federal district court to compel adjudication

A writ of mandamus compels an agency to perform a non-discretionary duty and is an appropriate remedy for unreasonable processing delays.