IFS Ethical Practices & Confidentiality Standards 3 — Questions and Answers
Question 1: An IFS specialist is asked to notarize a client's signature on an immigration document. The specialist is not a notary. They should:
- Sign and stamp it anyway to help the client meet a deadline
- Refer the client to a licensed notary public (Correct answer)
- Refuse to assist with the document at all
- Photocopy a notarized signature from a previous document
Correct answer: Refer the client to a licensed notary public
Only commissioned notaries public may perform notarizations; a specialist without that credential must refer the client elsewhere.
Question 2: A client instructs an IFS specialist to leave a question blank on Form I-485 that the client is required to answer. The specialist should:
- Leave it blank as instructed to satisfy the client
- Explain that leaving required fields blank may result in rejection and document the client's decision (Correct answer)
- Complete the form without telling the client and answer the question
- Withdraw from the case immediately without explanation
Correct answer: Explain that leaving required fields blank may result in rejection and document the client's decision
The specialist must inform the client of the consequences of omitting required information and document the discussion; ultimately the client decides.
Question 3: Which standard governs how long an IFS specialist must retain client records after a case closes?
- No retention is required once USCIS issues a decision
- Applicable state law, professional standards, or agreement terms — often a minimum of three to five years (Correct answer)
- Records must be retained indefinitely
- Records may be destroyed after six months
Correct answer: Applicable state law, professional standards, or agreement terms — often a minimum of three to five years
Record retention periods are set by applicable state laws and professional standards, commonly three to five years after case closure.
Question 4: An IFS specialist should NOT advertise services using which of the following terms?
- Document preparation specialist
- Immigration consultant
- Notario or Notario Público (Correct answer)
- Form filing assistant
Correct answer: Notario or Notario Público
The term 'Notario' implies attorney-level immigration authority in many Latino communities and is deceptive when used by non-attorneys.
Question 5: When a client is in a vulnerable situation, such as facing deportation, the IFS specialist's ethical duty includes:
- Charging higher fees due to the urgency
- Clearly explaining the limits of their services and strongly recommending the client seek attorney representation (Correct answer)
- Taking on any legal advocacy needed to help the client
- Filing emergency motions on the client's behalf
Correct answer: Clearly explaining the limits of their services and strongly recommending the client seek attorney representation
Specialists must be transparent about their limitations and actively recommend attorney involvement when legal complexity or urgency demands it.
Question 6: Which of the following best describes the concept of informed consent in IFS practice?
- The client signs any document the specialist provides without reading it
- The client receives a clear explanation of services, fees, and limitations before agreeing to engage (Correct answer)
- The specialist decides what the client needs to know to avoid confusion
- Informed consent only applies when a client speaks English fluently
Correct answer: The client receives a clear explanation of services, fees, and limitations before agreeing to engage
Informed consent requires that clients understand exactly what services will be provided, what the fees are, and what the specialist cannot do before the engagement begins.
Question 7: A client asks the specialist to keep their address off any paperwork to avoid a landlord. The specialist should:
- Comply to protect the client's privacy interests
- Explain that USCIS requires accurate address information and that omitting it could invalidate the application (Correct answer)
- Use the specialist's own office address instead
- Submit the form without any address
Correct answer: Explain that USCIS requires accurate address information and that omitting it could invalidate the application
USCIS forms require accurate address information; the specialist must explain that omitting or falsifying it risks application invalidation.
An IFS specialist is asked to notarize a client's signature on an immigration document.
The specialist is not a notary.
They should: