IFS Ethical Practices & Confidentiality Standards 4 — Questions and Answers
Question 1: An IFS specialist learns that a client provided false information on a previously filed form. What should the specialist do?
- Assist with the current filing without mentioning the prior issue
- Advise the client to consult an immigration attorney about the potential misrepresentation (Correct answer)
- Report the client to USCIS immediately
- Amend the prior form on the client's behalf without disclosure
Correct answer: Advise the client to consult an immigration attorney about the potential misrepresentation
Prior misrepresentation is a legal issue; the specialist must refer the client to an attorney rather than handling or concealing it.
Question 2: Which data security measure is most important when storing digital client immigration files?
- Saving files to a shared public folder for easy access
- Using password-protected, encrypted storage with restricted access (Correct answer)
- Emailing files to clients from a personal email account
- Storing files only on a USB drive kept at the desk
Correct answer: Using password-protected, encrypted storage with restricted access
Encrypted, password-protected storage with restricted access protects sensitive immigration data from unauthorized disclosure.
Question 3: A client who does not speak English well relies entirely on the specialist's explanation of what they are signing. This situation requires the specialist to:
- Have the client sign quickly to avoid delays
- Ensure the client fully understands the documents, using an interpreter if necessary (Correct answer)
- Simplify the form by removing fields the client might misunderstand
- Ask a family member to sign instead
Correct answer: Ensure the client fully understands the documents, using an interpreter if necessary
Specialists must ensure language-barrier clients genuinely understand what they are signing, arranging interpretation as needed.
Question 4: What is the ethical obligation when a client's case exceeds the specialist's knowledge or skill level?
- Attempt the work and research as needed to figure it out
- Decline the matter or refer the client to a more qualified professional (Correct answer)
- Charge a lower fee and proceed cautiously
- Complete the form but add a disclaimer
Correct answer: Decline the matter or refer the client to a more qualified professional
Competence requires declining or referring cases that fall outside the specialist's knowledge and skill level.
Question 5: Which of the following is an example of a conflict of interest an IFS specialist must disclose and resolve?
- Preparing forms for two unrelated clients at the same time
- Preparing immigration forms for a family member while also representing their business partner on an adverse matter (Correct answer)
- Charging the same flat fee to all clients
- Using the same form template for multiple clients
Correct answer: Preparing immigration forms for a family member while also representing their business partner on an adverse matter
Representing parties with opposing interests, such as family members and their adversaries, creates a conflict that must be disclosed and resolved.
Question 6: Under the Privacy Act, clients have the right to:
- Request that USCIS never share their file with any agency
- Access and request correction of their own federal records (Correct answer)
- Seal their immigration record from all government review
- Prohibit the specialist from retaining any copies of their documents
Correct answer: Access and request correction of their own federal records
The Privacy Act grants individuals the right to access and correct records that federal agencies maintain about them.
Question 7: When must an IFS specialist provide a client with a written service agreement?
- Only when the fee exceeds $500
- Before beginning any compensated form preparation services (Correct answer)
- After the forms have been submitted to USCIS
- Only if the client specifically requests one
Correct answer: Before beginning any compensated form preparation services
Best practice and many state laws require a written service agreement describing services and fees before compensated work begins.
IFS Ethical Practices & Confidentiality Standards 4
An IFS specialist learns that a client provided false information on a previously filed form.
What should the specialist do?