In This Presentation:

Issues:

- Who is the client(s)?

- Which rules apply? – It depends on who files the grievance.

- What are the attorney’s ethical obligations?

- What is the “public interest”?

- Practical Considerations.

- Hypo 1 – Consular Processing – Misrepresentation of a Material Fact.

Facts:

•Employer has valid E-2 registration.

•Alien has E-2 interview scheduled.

•Attorney ascertains from employer’s U.S. manager that alien has been working in the U.S. without employment authorization and intentionally misrepresented information on DS-160.

•Question – Have you ever been unlawfully present, overstayed the time granted by an immigration official or otherwise violated the terms of a U.S. visa?

•Answer – The alien answered no.