No. An attorney who only reviews and fills out forms is
not only acting unethically but is also doing you a disservice. When an attorney
signs an immigration form he or she has duly reviewed and prepared, this
attorney is certifying that all information on the form is correct and is
assuming responsibility for the case.
An attorney who does not sign a form he has reviewed is not accepting responsibility for his work and is not trustworthy. In
fact, notarios do the very same thing when they fill out forms on behalf of
other people. Mistakes happen when people avoid consulting with an attorney (or fail to hire the attorney) to
review their case because no case is the same, and not everyone will complete a
form with the same information or provide the same type of evidence to
Immigration Services or the Court.
Attorneys are bound by the Code of Federal Regulations ("CFR") to sign all forms they have
prepared and reviewed. The CFR (which is the authority
attorneys follow in and outside of the courtroom) discusses the issue of
professional conduct involving the preparation of immigration forms without
signing them. The CFR warns that an attorney can be subject to suspension,
reprimands, and even disbarment if he or she “fails to submit a signed and
completed Notice of Entry of Appearance as Attorney or Representative” when he
or she has engaged in “practice or preparation” as defined in 8 C.F.R. § 1001.1
(i), (k). “Preparation” includes the incidental preparation of papers, and “practice”
includes “appearing in any case, either in person or through the preparation or
filing of any brief or other document, paper, application, or petition on
behalf of another person or client before or with DHS, or any immigration
judge, or the Board [of Immigration Appeals]:”
According to the CFR, an attorney
who engages in any of the practices above can be subject to disciplinary sanctions:
Subpart G—Professional
Conduct for Practitioners—Rules and Procedures
§ 1003.101
(a)
Authority
to sanction. [A]n adjudicating official or the Board may impose any of the
following disciplinary sanctions:
(1)
Disbarment
. . . ;
(2)
Suspension
. . . ;
(3)
Public
or private censure; or
(4)
. . .
[O]ther disciplinary sanctions[.]
We see many clients
come through our doors whose forms are riddled with errors that need to be
corrected (this means more money needs to be spent by the client) or whose
cases were delayed because their forms had incomplete information. In some
cases, client’s cases were even denied because the information provided was
false. A thorough consultation with an attorney where representation is sought is worth the time and money to avoid delays in your case.
Johanna Cochran, Associate Attorney
404-949-8170
jcochran@immigration.net
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