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Immigration Aspects of Marrying a Foreign National
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IMMIGRATION ASPECTS OFMARRYING A FOREIGN NATIONAL – A WEBINAR
Michael Phulwani, Esq.David H. Nachman, Esq. and
Ludka Zimovcak, Esq.
Consult Initial Meeting with Clients
Bona Fides of the Marriage
Red Flags◦ Body Language◦ Interpreter◦ Cultural Nuances
Consult (cont.) Eligibility to Adjust
◦ Arrests (e.g., ever fingerprinted?)◦ Health issues (communicable diseases, danger to
oneself or others?)◦ Fraud or material misrepresentation (immigration history)◦ Other grounds (e.g., Adam Walsh Act)
Dual Representation Potential Conflicts
Disclosure
Signed Statement
Fee and Rep/Engagement Letter
Multi-Party RepresentationWho Is the Client?
Determine who the client(s) is(are) early on Explain the limits on confidentiality Be loyal to both clients Don’t keep “unconsentable secrets” between
parties When dual representation is not possible
Practice Tips forDual Representation
Both clients should be told, in writing, parameters of dual representation
Full disclosure between the attorney and both clients is required
Review potential outcomes if a conflict of interest arises
Inform clients of separate representation option Advice should be in writing and signed by all
parties
How Does Separation or Divorce Affect Representation?
Best case: discuss the limitations of dual representation in these scenarios at the outset of marriage case
Explain what happens if a conflict arises and if the attorney must withdraw from their case
Ensure they know attorney has Duty of Loyalty to both clients
Most Common Scenarios Quick marriages Recently arrived in the United States Relatives unaware of marriage Unauthorized employment Visa Waiver Photo switched passports Process in the U.S. or abroad
Legally valid marriages
Legal termination of prior marriages
Marriage violating public policy
Same-sex marriage – DOMA - Windsor
Legal Analysis
Initial Filing: required evidence
Documenting the bona fides of the marriage
Comingling of finances / assets
Photographs – quality or quantity?
Documents for Filing
I-130/G-325 and G-28
I-485/I-765/I-131 and G-28
I-864
Medical Exam (I-693)
Application Forms
Additional Documents
Checklist of what to bring to interview – USCIS list and Firm recommendations
Originals vs. Copies
Challenging documents
Interview Preparation
Meet with clients in advance
Typical questions
Manage client expectations/anxiety
Review of documents/applications
Does the lawyer need to attend?
Mock-Interview
No answers, but do clarify
Document facilitator
Legal issues to discuss/clarify
Difficult examiners & supervisor
Attorney’s Role
Approval (2 year CR vs 10 year LPR)
I-72
Investigation (bona fides/eligibility)
Notice of Intent to Deny (NOID)
Denial (I-130 and/or I-485), possible NTA
Attorney’s Role (cont.)
Clearly identify the client or clients Determine whether conflict of interest exists Can representation continue despite the existence
of a conflict? If so, obtain their continued informed consent in
writing
Marital DisharmonyBetween Your Clients
Significant legal obligation for co-sponsor Does advising co-sponsor create attorney-client
relationship?◦ Does this create a conflict of interest with the
petitioner/beneficiary?◦ If yes, can the conflict be waived?
Advise co-sponsor to seek independent counsel? Full disclosure of obligations with no bias When does facilitation of paperwork become legal
representation?
Dealing withAffidavit of Support Co-Sponsors
Give reasonable notice to the client(s) Assess upcoming deadlines and due dates and
communicate them to the client(s) Allow time for employment of other counsel Do not leave client(s) “in the lurch” Surrender papers and property to which the client(s)
is(are) entitled Refund any advance payment of fee or expenses that
has not been earned or incurred Retain papers relating to the client to the extent
permitted by other law
Best Practices to Withdraw
Duty as Officer of the Court Model Rule 3.3: Condor toward the tribunal Must not allow an Adjudicator to be misled Model Rule 3.3: Remedial measures to tribunal Candor to Tribunal vs. Client Confidentiality When do obligations end?
Addressing Negative Information or Ineligibility Factors Before a Tribunal
Questions?
Please contact our office for further information:E-mail: [email protected] | Ph: 201-670-0006 (x100)
Or visit us on the web at:www.visaserve.com
THANK YOU