attorney whose representation does not extend beyond preparation of i-130

by Prof. Columbus Stanton 10 min read

What are the principles of a lawyer?

How to determine if a client has a conflict of interest?

Can a lawyer represent a client?

Can a lawyer prepare wills for husband and wife?

Do you need the consent of an unnamed member of the class to represent an opponent in a class action?

Can a lawyer withdraw from a representation?

Can a lawyer be paid from a coclient?

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About this website

How Long Does It Take I-130 to be approved 2022?

between 5 months and 10 yearsAs of 2022, the USCIS processing time for Form I-130 range between 5 months and 10 years. Processing time will vary based on the immigration status of the petitioner, the petition type and the service center. There are certain limitations to the relatives you can petition based on your immigration status.

What is a g28?

What Is the Purpose of Form G-28? This form is used to establish the eligibility of an attorney or accredited representative to represent a client (applicant, petitioner, requestor, beneficiary or derivative, or respondent) in an immigration matter before U.S. Department of Homeland Security (DHS).

Who is an accredited representative for USCIS?

An accredited representative is a person who: Represents an organization that the Board has recognized; and. Has been accredited by the Board to represent others in immigration proceedings.

Who has jurisdiction over Form I-130?

USCIS has delegated authority to DOS to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS.

What is G 639 used for?

What Is the Purpose of Form G-639? Use Form G-639 to obtain access to U. S. Citizenship and Immigration Services (USCIS) records as allowed by the Freedom of Information Act (FOIA) at 5 U.S.C. 552 and the Privacy Act of 1974 (PA) at 5 U.S.C. 552a.

What is i 539 form used for?

If you are an F or M student and you need to extend your stay in the United States or change your nonimmigrant status, you need to file a Form I-539, “Application to Extend/Change Nonimmigrant Status,” with U.S. Citizenship and Immigration Services (USCIS).

How do I get a hold of USCIS representative on the phone?

USCIS Contact Center For information on when live help through a USCIS representative is available, see the USCIS Contact Center web page. The toll-free phone number for the USCIS Contact Center is 1-800-375-5283 (TTY for the deaf, hard of hearing, or person with a speech disability: 1-800-767-1833).

What is the meaning of accredited representative?

What is an accredited representative? An accredited representative is a non-attorney who has demonstrated to the Department of Justice that they have enough education and experience in immigration law to provide immigration legal services.

Who can prepare USCIS forms?

Can anyone serve as an Immigration Forms Specialist? According to the USCIS, anyone may provide limited, non-legal help with immigration forms and charge for those services. However, the states determine the qualifications required, including whether or not you need to be an attorney.

How can I speed up my I-130?

You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.

How long does I-130 take to get approved 2021?

How long does the I-130 petition process take? For immediate relatives (spouse, unmarried child under 21 or parent) of a U.S. citizen living abroad, the wait times for Form I-130 are currently between 7.5-13.5 months. For those living in the U.S., the processing time is currently 11-20.

Can I leave U.S. while I-130 is pending?

However, if your I-130 petition is approved and you have filed for adjustment of status or you concurrently filed I-130 and I-485 and they are in pending status then traveling outside the U.S. will result in abandoning your application.

What happens if G-28 is rejected?

If your Form G-28 is not properly completed and signed by both you and your legal representative, we will not accept it. This means we will only communicate with you about your case. Your legal representative will not receive any information about your case until we receive and accept a properly completed Form G-28.

How do I fill out form G-28?

1:152:10Learn How to Fill the Form G-28 Notice of Entry of ... - YouTubeYouTubeStart of suggested clipEnd of suggested clipYou must check the box and fill in the name of the organisation. Recognized by the Board ofMoreYou must check the box and fill in the name of the organisation. Recognized by the Board of Immigration Appeals. In this section when all information is satisfied print.

Does I 864 need G-28?

The Form I-864 itself provides that an attorney must file a Form G-28 if her “representation [of the sponsor] extends beyond preparation of this affidavit.” Yet puzzlingly, the official instructions to the Form I-864 state that a preparer must always submit a Form G-28 for the sponsor, that is, regardless of how the ...

How do you become an accredited immigration representative?

To become an accredited immigration representative, you must first be employed by a company recognized by the Board of Immigration Appeals, which will then apply full or partial accreditation on your behalf. The U.S. Department of Justice requires no formal application for accreditation.

Rule 1.7: Conflict of Interest: Current Clients 1. Current Kentucky ...

exists or, having once been established, is continuing, see Comment to Rule 1.3 and Scope (sic). [2] As a general proposition, loyalty to a client prohibits undertaking

Ky. R. Sup. Ct. 3.130(3.7) - Casetext

Rule SCR 3.130(3.7) - Lawyer as witness. III PRACTICE OF LAW - ADVOCATE (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship ...

Rule SCR 3.130 - Kentucky Rules of Professional Conduct - Casetext

Browse Kentucky Court Rules | Rule SCR 3.130 - Kentucky Rules of Professional Conduct for free on Casetext

View Document - Kentucky Court Rules - Westlaw

III. As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications.

Message - Kentucky Court Rules

This content isn't in this site's subscription plan. Privacy Accessibility Kentucky Court of Justice Home Page Accessibility Kentucky Court of Justice Home Page

Who is Greg on I-864?

Greg is recognized as the leading national authority on enforcement of the Form I-864, Affidavit of Support. Greg represents low-income green card holders in lawsuits to recover support from their sponsors. Practicing family-based immigration law, Greg also focuses on helping married and engaged couples with U.S. immigration.

What does representation mean in an attorney?

Representation, of course, implies that an attorney preparer certifies, under penalty of perjury, that she has an attorney-client relationship with the Sponsor. This is the critical development: an attorney preparer must certify that she represents the sponsor, at least for purpose of preparing the form.

Who is a Sponsor?

When it comes to your relationship to the Joint Sponsor, there are only two possibilities: she is either your client, or she is not. Period. Until this summer some attorneys believed that they could draft a Joint Sponsor’s I-864 while simultaneously disclaiming an attorney-client relationship with that individual. For reasons explained below that is no longer possible.

What is the third approach to working with joint sponsors?

A third and final approach to working with Joint Sponsors is to presume that the scope of representation – whether by design or imputation – will exceed mere preparation of the Form. In other words, the attorney accepts that her duties include more than merely completing the Form in a rule-compliant manner. On this approach, the attorney accepts that her scope of representations includes a holistic duty to advise the Joint Sponsor about the consequences of executing the I-864.

Can a lawyer represent a client?

Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or.

What are the principles of a lawyer?

General Principles. (1) Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests.

How to determine if a client has a conflict of interest?

1) clearly identify the client or clients; 2) determine whether a conflict of interest exists; 3) decide whether the representation may be undertaken despite the existence of a conflict, i.e., whether the conflict is consentable; and. 4) if so, consult with the clients affected under paragraph (a) and obtain their informed consent, ...

Can a lawyer represent a client?

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

Can a lawyer prepare wills for husband and wife?

A lawyer may be called upon to prepare wills for several family members, such as husband and wife, and, depending upon the circumstances, a conflict of interest may be present. In estate administration the identity of the client may be unclear under the law of a particular jurisdiction.

Do you need the consent of an unnamed member of the class to represent an opponent in a class action?

Similarly, a lawyer seeking to represent an opponent in a class action does not typically need the consent of an unnamed member of the class whom the lawyer represents in an unrelated matter. (26) Conflicts of interest under paragraphs (a) (1) and (a) (2) arise in contexts other than litigation.

Can a lawyer withdraw from a representation?

Depending on the circumstances, the lawyer may have the option to withdraw from one of the representations in order to avoid the conflict. The lawyer must seek court approval where necessary and take steps to minimize harm to the clients. See Rule 1.16.

Can a lawyer be paid from a coclient?

(13) A lawyer may be paid from a source other than the client, including a coclient, if the client is informed of that fact and consents and the arrangement does not compromise the lawyer's duty of loyalty or independent judgment to the client. See Rule 1.8 (f).

What Is Attorney-Client Privilege?

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. This is the name given to the common law concept of legal professional privilege in the United States. The privilege is a client’s right to refuse to disclose, and to prevent others from disclosing confidential communications between the client and the attorney.

Who does the client's communications have to be made to?

The client’s communications must be made to counsel – a lawyer . The privilege also covers a client’s communications with individuals who assist the lawyer in the representation, such as a paralegal or an investigator.

What is the common interest exception?

Common Interest Exception . If two parties are represented by the same attorney in a single legal matter, neither client may assert the attorney-client privilege against the other in subsequent litigation if the subsequent litigation pertained to the subject matter of the previous joint representation.

What are the sanctions for disqualification?

While disqualification cases deal only with the possibility of disclosure, where actual disclosures of client confidences occur, individual sanctions may include formal reprimand, suspension or disbarment. These various sanctions are imposed by courts to preserve the integrity of attorney/client communications as illustrated by case law concerning confidences which have been revealed.

Can a testator-client be breached?

Death of a client. The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent’s heirs, legatees or other parties claiming under the deceased client.

Is a retainer agreement necessary?

The communication must be made by a client . A formal retainer agreement is not necessary. It is enough for the individual to honestly believe he or she is consulting the lawyer for purposes of obtaining legal advice in advancing his or her own interests. A corporation can be a “client” too. In that case, the privilege protects communications between the company’s lawyer – whether an “in-house” lawyer employed by the company, like a general counsel, or “outside” counsel at a law firm – and the company’s employees so long as the communications fall within the scope of the employee’s duties.

Who is Steve Clark?

He is licensed in both Texas and Louisiana state and federal courts. He concentrates his practice on business clients and their needs. He has been a Super Lawyer in Texas since 2011, and is Lead Counsel rated in Business Law. He is also a Bet the Company litigator in Texas.

What is part 15 of the APPLICATION?

Part 15. Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant

How to sign N 400?

How to sign Form N-400. The Application for Naturalization, Form N-400, must be properly completed and signed. USCIS will not accept a stamped or typewritten name in place of a signature. All the signatures in form n 400 must be handwritten and original. You may place an “X” mark instead of a signature if you are unable to write in any language. ...

What are the principles of a lawyer?

General Principles. (1) Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests.

How to determine if a client has a conflict of interest?

1) clearly identify the client or clients; 2) determine whether a conflict of interest exists; 3) decide whether the representation may be undertaken despite the existence of a conflict, i.e., whether the conflict is consentable; and. 4) if so, consult with the clients affected under paragraph (a) and obtain their informed consent, ...

Can a lawyer represent a client?

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

Can a lawyer prepare wills for husband and wife?

A lawyer may be called upon to prepare wills for several family members, such as husband and wife, and, depending upon the circumstances, a conflict of interest may be present. In estate administration the identity of the client may be unclear under the law of a particular jurisdiction.

Do you need the consent of an unnamed member of the class to represent an opponent in a class action?

Similarly, a lawyer seeking to represent an opponent in a class action does not typically need the consent of an unnamed member of the class whom the lawyer represents in an unrelated matter. (26) Conflicts of interest under paragraphs (a) (1) and (a) (2) arise in contexts other than litigation.

Can a lawyer withdraw from a representation?

Depending on the circumstances, the lawyer may have the option to withdraw from one of the representations in order to avoid the conflict. The lawyer must seek court approval where necessary and take steps to minimize harm to the clients. See Rule 1.16.

Can a lawyer be paid from a coclient?

(13) A lawyer may be paid from a source other than the client, including a coclient, if the client is informed of that fact and consents and the arrangement does not compromise the lawyer's duty of loyalty or independent judgment to the client. See Rule 1.8 (f).

Who Is A Sponsor?

  • When it comes to your relationship to the Joint Sponsor, there are only two possibilities: she is either your client, or she is not. Period. Until this summer some attorneys believed that they could draft a Joint Sponsor’s I-864 while simultaneously disclaiming an attorney-client relationship with that individual. For reasons explained below that is no longer possible. If a Joint Sponsor is an at…
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The Revisions and Their Import.

  • The Form I-864 now requires the preparer to complete the following provision: The preparer further certifies under penalty of perjury that she “prepared this affidavit on behalf of, at the request of, and with the express consent of the sponsor.” The Form I-864EZ contains both of the above provisions. On the Form I-864A, both the Sponsor and the Household Member are require…
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Is A G-28 Required?

  • As an aside, there will likely be confusion going forward as to whether an attorney must file a G-28 if she prepares a Form I-864 for a Joint Sponsor. The Form I-864 itself provides that an attorney must file a Form G-28 if her “representation [of the sponsor] extends beyond preparation of this affidavit.” Yet puzzlingly, the official instructions ...
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Solutions.

  • With the new forms, there are at least three ways that lawyers can approach preparation of Joint Sponsor I-864s. Each has its own benefits and risks.
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Conclusion.

  • Joint Sponsor I-864s present immigration attorneys with an inconvenient tension between expediency and ethical adherence. Attorneys have long waivered on whether to draft such documents, but we respectfully submit that the recent form revisions tip the balance in favor of a single conclusion: we should all get out of the business of drafting Joint Sponsor I-864s. This art…
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