CIS Client Consultation & Advocacy 2 — Questions and Answers
Question 1: A client discloses a prior deportation order they forgot to mention during an earlier consultation. What is the immigration specialist's primary obligation?
- Advise the client that the prior order is irrelevant to the current petition
- Document the disclosure, assess its legal impact, and advise the client fully on how it affects their case (Correct answer)
- Withdraw from representation immediately without explanation
- File the petition and hope the prior order is not discovered
Correct answer: Document the disclosure, assess its legal impact, and advise the client fully on how it affects their case
When new material information is disclosed, the specialist must assess its impact, fully advise the client, and update the strategy accordingly.
Question 2: Under USCIS regulations, an accredited representative may represent clients before USCIS if they work for a:
- Licensed law firm
- Federally recognized nonprofit religious organization
- DOJ-recognized nonprofit organization (Correct answer)
- State bar association
Correct answer: DOJ-recognized nonprofit organization
Accredited representatives must be affiliated with a DOJ-recognized nonprofit organization to represent clients before USCIS.
Question 3: A client asks an immigration specialist to submit a fraudulent marriage certificate. The specialist should:
- Submit the document if the marriage appears genuine based on other evidence
- Refuse, terminate the engagement if necessary, and report as required by law (Correct answer)
- Ask the client to obtain a certified copy to make it look more authentic
- Submit it only if the client signs a waiver of liability
Correct answer: Refuse, terminate the engagement if necessary, and report as required by law
Submitting fraudulent documents constitutes fraud and is illegal; the specialist must refuse and may need to withdraw from representation.
Question 4: When conducting an initial consultation with a limited English proficiency (LEP) client, the best practice is to:
- Ask the client's bilingual family member to serve as the interpreter
- Use a qualified, neutral interpreter to ensure accurate communication (Correct answer)
- Conduct the consultation in English and have the client sign that they understood
- Postpone the consultation until the client learns English
Correct answer: Use a qualified, neutral interpreter to ensure accurate communication
Using a qualified, neutral interpreter ensures accuracy, impartiality, and protects both the client and the specialist.
Question 5: A client's priority date for an employment-based green card becomes current. What should the immigration specialist advise first?
- File an I-485 immediately regardless of other eligibility factors
- Review the client's full admissibility, confirm medical exam currency, and check all required documents before filing (Correct answer)
- Notify USCIS of the priority date and wait for further instructions
- Advise the client to travel abroad to obtain an immigrant visa instead
Correct answer: Review the client's full admissibility, confirm medical exam currency, and check all required documents before filing
Before filing the I-485, the specialist must confirm the client meets all admissibility requirements and has current supporting documentation.
Question 6: A client believes their I-130 was denied in error. The proper advocacy step is to:
- File a new I-130 with the same evidence
- File a motion to reopen or reconsider with USCIS, or appeal to the BIA if appropriate (Correct answer)
- Contact the USCIS director's office by phone
- Request a congressional inquiry without reviewing the denial notice
Correct answer: File a motion to reopen or reconsider with USCIS, or appeal to the BIA if appropriate
A motion to reopen or reconsider with USCIS, or a BIA appeal if eligible, are the proper administrative remedies for an I-130 denial.
Question 7: During a consultation, a client reveals they were arrested but not convicted. The specialist should:
- Tell the client arrests without convictions never need to be disclosed
- Obtain certified arrest records and analyze whether disclosure is required on the specific form (Correct answer)
- Disclose the arrest on all immigration forms as a conviction
- Advise the client to deny the arrest on all government forms
Correct answer: Obtain certified arrest records and analyze whether disclosure is required on the specific form
USCIS forms have specific arrest disclosure requirements, and the specialist must obtain records and advise accurately based on the form's language.
CIS Client Consultation & Advocacy 2
A client discloses a prior deportation order they forgot to mention during an earlier consultation.
What is the immigration specialist's primary obligation?