IFS Ethical Practices & Confidentiality Standards 2 — Questions and Answers
Question 1: An IFS specialist receives a subpoena for a client's immigration file. What is the correct first step?
- Immediately hand over all documents to comply with the subpoena
- Notify the client and consult an attorney before producing any documents (Correct answer)
- Destroy sensitive documents to protect the client's privacy
- Refuse the subpoena without any further action
Correct answer: Notify the client and consult an attorney before producing any documents
Upon receiving a subpoena, the specialist must notify the client and seek legal counsel before producing any records.
Question 2: Which action constitutes unauthorized practice of law (UPL) for an immigration forms specialist?
- Completing Form I-130 at a client's direction
- Advising a client which visa category best fits their situation (Correct answer)
- Explaining what information a form field requires
- Translating a client's documents for form submission
Correct answer: Advising a client which visa category best fits their situation
Advising clients on which immigration benefit or visa category to pursue is legal advice, which only licensed attorneys may provide.
Question 3: A client shares information about a prior criminal conviction during form preparation. The specialist must:
- Report the conviction to USCIS proactively
- Keep the information confidential and include it only as the client directs on the form (Correct answer)
- Refuse to continue the engagement
- Advise the client to omit the conviction from the form
Correct answer: Keep the information confidential and include it only as the client directs on the form
The specialist must keep client disclosures confidential and accurately reflect what the client instructs on the form, without advising on legal strategy.
Question 4: What does the duty of competence require of an immigration forms specialist?
- Holding a law license before assisting with any forms
- Having adequate knowledge of the forms and procedures relevant to the services offered (Correct answer)
- Completing every possible immigration form type regardless of complexity
- Delegating all form preparation to licensed attorneys
Correct answer: Having adequate knowledge of the forms and procedures relevant to the services offered
Competence means possessing sufficient skill and knowledge about the specific forms and processes involved in the services provided.
Question 5: A colleague asks an IFS specialist to share a mutual client's contact information. The specialist should:
- Share it if the colleague works in the same office
- Decline unless the client has given explicit written consent (Correct answer)
- Share it only via encrypted email
- Share it to facilitate better client service
Correct answer: Decline unless the client has given explicit written consent
Client information may not be disclosed to third parties, including colleagues, without the client's explicit written authorization.
Question 6: Which of the following is an acceptable fee arrangement for an IFS specialist?
- Charging a percentage of any immigration benefit received
- Charging a flat fee for form preparation services clearly disclosed in writing (Correct answer)
- Accepting payment only after a case is approved by USCIS
- Charging extra undisclosed fees for faster processing
Correct answer: Charging a flat fee for form preparation services clearly disclosed in writing
A written, clearly disclosed flat fee for preparation services is ethical; contingency fees tied to case outcomes are not permitted.
Question 7: If an IFS specialist discovers they made an error on a submitted form, the ethical obligation is to:
- Wait to see if USCIS notices before acting
- Promptly notify the client and assist with any necessary corrective filing (Correct answer)
- Deny the error if the client did not notice it
- Refund the fee and terminate the engagement without notice
Correct answer: Promptly notify the client and assist with any necessary corrective filing
Ethical practice requires promptly disclosing errors to the client and cooperating to correct them.
IFS Ethical Practices & Confidentiality Standards 2
An IFS specialist receives a subpoena for a client's immigration file.
What is the correct first step?