May Connection Call – Ethical Case Scenarios and Immigration Updates

Rachel Van Tyle, Esq

rachel@icwelcome.org

Immigration Trends/Updates

• Changing of AR-11 Form
• Afghan case status change on 5/6
• Naturalization Cases and Taxes
• Naturalization Cases and false claim

Ethical Framework

• 8 C.F.R. § 1003.102 – Grounds of professional misconduct
• EOIR disciplinary regulations
• State ethics rules as persuasive guidance
• Common risks: competence, confidentiality, conflicts, and fraud

Hypo #1

• Rep asked to file asylum case with no prior experience
• Supervisor unavailable; filing deadline in 48 hours
• Question: proceed or decline?
• Rules: 8 C.F.R. § 1003.102(o); ABA Rules 1.1 & 1.4

Hypo #1 – Answer

• Do not proceed without adequate preparation or supervision
• Seek mentorship or continuance if possible
• Clearly define scope of representation
• Refer case if competence cannot be achieved

Hypo #2

• Adult son interprets for mother in VAWA case
• Client becomes hesitant during questioning
• Son later requests confidential information
• Rules: 8 C.F.R. § 1003.102(n); ABA Rule 1.6

Hypo #2 – Answer

• Mother is the client
• Do not disclose information without consent
• Use qualified interpreters whenever possible
• Meet privately with vulnerable clients

Hypo #3

• Client presents suspicious document
• Client insists it must be filed to win case
• Question: can representative submit it?
• Rules: 8 C.F.R. § 1003.102(c),(j); ABA Rules 1.2(d), 3.3

Hypo #3 – Answer

• Cannot knowingly submit false evidence
• Investigate and seek corroboration
• Advise client regarding consequences of fraud
• Withdraw if necessary

Hypo #4

• Organization represents both spouses
• Wife discloses emotional abuse and threats
• Husband asks for update on 'their case'
• Rules: 8 C.F.R. § 1003.102(q); ABA Rules 1.7 & 1.6

Hypo #4 – Answer

• Conflict likely exists due to diverging interests
• Protect confidential disclosures
• Consider withdrawal from one or both representations
• Refer for independent VAWA consultation

Conflict Hypo #5

• Organization represents parents and child
• Child discloses abuse by father
• Father’s immigration case depends on family stability
• Rules: 8 C.F.R. § 1003.102(q); ABA Rules 1.7 & 1.14

Conflict Hypo #5 – Answer

• Child’s interests materially adverse to father’s
• Independent representation needed
• Protect child confidentiality
• Review organizational conflict procedures

Hypo #6

• Asylum client gives inconsistent timelines
• Representative begins suggesting answers
• Question: when does prep become coaching?
• Rules: 8 C.F.R. § 1003.102(c); ABA Rules 1.4 & 4.1

Hypo #6 – Answer

• Use trauma-informed interviewing
• Clarify inconsistencies carefully
• Avoid scripting testimony
• Document memory gaps accurately

Key Takeaways

• Competence requires supervision and preparation
• Conflicts are common in immigration practice
• Confidentiality is critical in family cases
• Trauma-informed practice is an ethical obligation

Questions & Discussion

• Which scenarios arise most often in your practice?
• What office systems help prevent ethical problems?
• What ethical issues remain difficult to navigate?