Professional Conduct for Practitioners Rules and Procedures
Comments and discussion regarding question regarding guidelines of conduct in representation will be encouraged during conference.
DHS issued an interim rule amending its regulations on representation and appearances by, and professional conduct of, practitioners in immigration practice.
This interim rule is effective 3/4/10.
Regulations governing representation and professional conduct ensure fairness, competence, and integrity in immigration practice. Attorneys and accredited representatives must follow ethical rules. These include duties of competence, confidentiality, candor to the tribunal, and avoidance of conflicts of interest. Meanwhile, clients have rights to clear communication, informed consent, and accurate billing. Therefore, understanding these rules protects clients and reduces malpractice risk for practitioners.
Core obligations for representatives include maintaining competence in immigration law and procedure, promptly communicating case status and deadlines, and keeping client files secure. Representatives must file a proper Form G-28 (Notice of Entry of Appearance) when they begin to represent a client in USCIS or immigration-court matters. Moreover, they must withdraw formally if representation ends. Counsel must also avoid unauthorized practice. Only accredited individuals or licensed attorneys should give legal advice or appear in immigration proceedings.
Candor and truthfulness are mandatory: advocates must not submit fraudulent documents or knowingly make false statements.
Client communication best practices: provide a written engagement agreement outlining scope of work, fees, and refund/retainer policies. Keep clients informed about filings, RFEs, interviews, and appeal windows.
Consequences for misconduct range from professional discipline and suspension to monetary sanctions or criminal referral in serious cases (for example, document fraud). Similarly, clients should expect clear explanations of options, realistic timelines, and notice before counsel withdraws or declines further representation.
If you need help drafting an engagement letter, understanding Form G-28 requirements, or ensuring your practice complies with ethical rules,
