IFS Ethical Practices & Confidentiality Standards 5 — Questions and Answers
Question 1: A client asks the specialist to back-date a signed immigration form to meet a filing deadline that has already passed. The specialist should:
- Comply if the client accepts full responsibility in writing
- Refuse, as back-dating constitutes fraud and document falsification (Correct answer)
- Comply if the delay was the specialist's fault
- Consult USCIS before deciding
Correct answer: Refuse, as back-dating constitutes fraud and document falsification
Back-dating documents is fraud regardless of who is at fault for a missed deadline; the specialist must refuse.
Question 2: Which of the following is the correct response when USCIS issues a Request for Evidence (RFE) on a case the specialist prepared?
- Draft a legal brief responding to the RFE on the client's behalf
- Inform the client of the RFE and recommend they consult an immigration attorney to respond (Correct answer)
- Ignore it and refile the original application
- Contact USCIS directly to argue the case
Correct answer: Inform the client of the RFE and recommend they consult an immigration attorney to respond
Responding to an RFE involves legal strategy; the specialist should notify the client and recommend attorney assistance.
Question 3: Maintaining professional boundaries with clients in IFS practice means:
- Becoming personally involved to better advocate for the client's outcome
- Providing only the document preparation services agreed upon and avoiding legal advice or personal advocacy (Correct answer)
- Sharing personal opinions about the client's immigration options freely
- Contacting immigration officials on the client's behalf when needed
Correct answer: Providing only the document preparation services agreed upon and avoiding legal advice or personal advocacy
Professional boundaries limit the specialist to agreed form-preparation tasks, avoiding legal advice or personal advocacy that exceed their role.
Question 4: What obligation does an IFS specialist have if they suspect a client intends to commit immigration fraud?
- Proceed as normal since the specialist is not responsible for client intentions
- Refuse to participate and, depending on applicable law, may need to report the matter (Correct answer)
- Complete the forms but add a fraud disclaimer
- Notify the client's family members
Correct answer: Refuse to participate and, depending on applicable law, may need to report the matter
Specialists must not assist with fraud and, under applicable law, may have reporting obligations when fraud is reasonably suspected.
Question 5: An IFS specialist's advertisement states 'We guarantee visa approval.' This claim is:
- Acceptable if the specialist has a strong track record
- Unethical and potentially illegal because approval decisions rest solely with USCIS (Correct answer)
- Fine if accompanied by a disclaimer
- Acceptable only for certain visa categories
Correct answer: Unethical and potentially illegal because approval decisions rest solely with USCIS
No form preparer can guarantee government approval; such claims are deceptive and prohibited.
Question 6: Which principle requires an IFS specialist to act in the client's best interest rather than the specialist's own financial interest?
- Competence
- Fiduciary duty (Correct answer)
- Unauthorized practice prohibition
- Confidentiality
Correct answer: Fiduciary duty
The fiduciary duty principle requires professionals to prioritize the client's interests over their own, including financial self-interest.
Question 7: After a client relationship ends, how long does the duty of confidentiality continue?
- It ends when the engagement terminates
- It continues indefinitely after the engagement ends (Correct answer)
- It continues for one year after the engagement ends
- It continues only if the client requests it in writing
Correct answer: It continues indefinitely after the engagement ends
The duty of confidentiality survives the end of the client relationship and continues indefinitely.
IFS Ethical Practices & Confidentiality Standards 5
A client asks the specialist to back-date a signed immigration form to meet a filing deadline that has already passed.
The specialist should: