CIS Client Consultation & Advocacy 3 — Questions and Answers
Question 1: A client in removal proceedings asks their immigration specialist to help them prepare for an asylum interview. The specialist's role includes:
- Coaching the client to memorize a scripted narrative, even if partially inaccurate
- Helping the client organize truthful facts, understand the process, and present their case clearly (Correct answer)
- Advising the client to avoid answering difficult questions during the interview
- Filing a motion to dismiss the proceedings without pursuing asylum
Correct answer: Helping the client organize truthful facts, understand the process, and present their case clearly
Client preparation must focus on truthful, organized presentation of facts rather than scripting or evasion.
Question 2: An immigration specialist who is not an attorney attempts to represent a client in immigration court. This is:
- Permissible if the client signs a consent form
- Prohibited; only attorneys and accredited representatives may appear in immigration court (Correct answer)
- Allowed if the specialist has more than five years of experience
- Permitted in all states that license immigration consultants
Correct answer: Prohibited; only attorneys and accredited representatives may appear in immigration court
Immigration court (EOIR) allows only attorneys and DOJ-accredited representatives to appear on behalf of clients.
Question 3: A client's employer sponsor goes out of business after the I-140 is approved. What should the specialist advise regarding portability?
- The I-140 approval is automatically revoked and the client must start over
- If the I-485 has been pending for 180+ days, the client may port to a same or similar job under AC21 (Correct answer)
- The client must immediately depart the U.S.
- The client should withdraw the I-485 and refile with the new employer
Correct answer: If the I-485 has been pending for 180+ days, the client may port to a same or similar job under AC21
AC21 portability allows adjustment applicants with an I-485 pending 180+ days to change jobs to the same or similar occupation without losing their priority date.
Question 4: A client signs a retainer agreement and then changes their mind the next day. Ethically, the specialist should:
- Refuse to refund any fees because a contract was signed
- Review the fee agreement for refund terms and return any unearned fees promptly (Correct answer)
- Keep all fees as compensation for time already invested in reviewing the case
- Require the client to provide a written explanation for withdrawing
Correct answer: Review the fee agreement for refund terms and return any unearned fees promptly
Ethical practice requires returning unearned fees regardless of a signed contract, per standard client protection rules.
Question 5: A client who entered without inspection (EWI) wants to adjust status based on an approved family petition. The specialist should advise that:
- EWI entrants can freely adjust status in the U.S. if married to a U.S. citizen
- Most EWI entrants are barred from adjusting status in the U.S. and may need consular processing, triggering unlawful presence bars (Correct answer)
- Filing an I-485 overrides any EWI bar automatically
- The client should simply depart and reenter legally before filing
Correct answer: Most EWI entrants are barred from adjusting status in the U.S. and may need consular processing, triggering unlawful presence bars
EWI entrants generally cannot adjust status and face 3- or 10-year bars upon departure for unlawful presence, requiring careful strategy.
Question 6: When a client's case involves potential eligibility for both TPS and a family-based green card, the specialist should:
- Advise the client to choose TPS only, as green card applications may jeopardize TPS status
- Analyze both pathways, explain benefits and risks of each, and develop a comprehensive strategy (Correct answer)
- Immediately file for both simultaneously without discussing strategy
- Advise the client to wait until TPS is terminated before pursuing a green card
Correct answer: Analyze both pathways, explain benefits and risks of each, and develop a comprehensive strategy
A specialist must thoroughly analyze all available pathways and advise the client on how they interact before recommending a course of action.
Question 7: A client overstayed their visa by 400 days and departed. How long is their bar from returning to the U.S.?
- 3 years
- 5 years
- 10 years (Correct answer)
- Permanent bar
Correct answer: 10 years
Unlawful presence of more than one year triggers a 10-year bar upon departure from the United States.
CIS Client Consultation & Advocacy 3
A client in removal proceedings asks their immigration specialist to help them prepare for an asylum interview.
The specialist's role includes: