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Client Consultation & Advocacy Flashcards

7 cards from real CIS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. A client is in valid H-1B status but wants to change employers immediately. The specialist should advise that under portability:

    Answer: The client may start working for the new employer once the cap-exempt H-1B petition is filed, not just approved

    H-1B portability under AC21 allows the worker to begin employment with the new employer upon filing (not approval) of the new petition.

  2. A consultant who is not authorized to practice immigration law in the U.S. advertises as a 'notario público.' This is problematic because:

    Answer: In Latin American countries, 'notario público' denotes a licensed attorney, misleading Spanish-speaking clients into believing the consultant has legal authority

    The term 'notario' implies legal authority in Latin American usage, making it a deceptive title that exploits immigrant communities.

  3. A client seeking a U visa is a victim of a qualifying crime and has cooperated with law enforcement. The certification required for the U visa petition must come from:

    Answer: A qualifying certifying agency such as law enforcement, prosecution, or certain judges

    U visa petitions require a certification (Form I-918B) from a qualifying certifying agency confirming the victim's cooperation.

  4. A client fears returning to their home country due to gang violence but cannot show the gang targeted them for a protected ground. The specialist should advise that:

    Answer: The client should explore whether they qualify under a particular social group theory, but asylum approval is uncertain

    Particular social group claims based on gang violence are legally contested, and the specialist must honestly advise the client about the uncertainty of success.

  5. An immigration specialist receives a complaint from a former client alleging unauthorized practice of law. The specialist should:

    Answer: Retain all records, document the response, and consult legal counsel if needed

    Maintaining complete records and seeking legal guidance is essential when responding to complaints or potential regulatory action.

  6. When advising a client about filing an I-290B motion to reconsider a denial, the specialist must inform the client that:

    Answer: A motion to reconsider argues that USCIS made a legal or factual error in the decision based on the existing record

    A motion to reconsider challenges legal or factual errors in the original decision based on the existing record, not new evidence.

  7. A client eligible for naturalization has a pending IRS tax lien. The immigration specialist should advise that:

    Answer: Unresolved tax issues may be raised during the naturalization interview and could affect the good moral character finding

    USCIS officers may consider willful failure to pay taxes as a good moral character issue during naturalization adjudication.