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: info@visaserve.com | Ph: 201-670-0006 (x100)

Or visit us on the web at:www.visaserve.com

THANK YOU