CLIENT INTAKE. M. ELIZABETH CEDILLO-PERIERA, Dallas Cedillo-Periera and Cedillo, PLLC

Transcription

1 CLIENT INTAKE M. ELIZABETH CEDILLO-PERIERA, Dallas Cedillo-Periera and Cedillo, PLLC State Bar of Texas IMMIGRATION LAW 101 COURSE February 23, 2011 Houston CHAPTER 2

2

3 A native of Dallas, Texas, Mary Elizabeth Cedillo-Pereira (Liz) is a founding partner of Cedillo-Pereira & Cedillo, PLLC ( and Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. Combining her experience in public policy with the practice of law, Liz is dedicated to seeking U.S. immigration solutions for clients from around the world. She began practicing immigration law under the direction of Lisa S. Brodyaga and thereafter became the staff attorney for Catholic Charities of Dallas where she was mentored by Vanna Slaughter. Liz is a graduate of North Dallas High School, the University of Pennsylvania and SMU Dedman School of Law. Apart from immigration, Liz s passion is children and education. In 1997, Liz founded SI PUEDES! as a law student. SI SMU ( is a tutoring and mentoring program at SMU for Dallas students to inspire and prepare first-generation college bound students. Liz helped start AILA Dallas Know Your Rights project to provide information to pro se detainees held in ICE custody and has mentored student leaders to organize for the passage of the DREAM Act. Currently, Liz serves as the AILA Texas Chapter ICE Liaison. Liz is a member of the American Immigration Lawyer s Association, the Dallas Hispanic Chamber of Commerce, the Dallas Hispanic Bar Association, Hispanic 100 and other civic organizations. Liz is married to Oscar Pereira and together they are blessed with three children whom her beloved mother, Helen Cedillo, helped raise.

4

5 TABLE OF CONTENTS INTAKE QUESTIONNAIRE FOR THE INDIVIDUAL NEEDING IMMIGRATION ASSISTANCE FORM... 1 CLIENT INTAKE CONSIDERATIONS FOR AN IMMIGRATION ATTORNEY (POWERPOINT PRESENTATION)...7 i

6

7 Intake Questionnaire for the Individual Needing Immigration Assistance Form Name: Home phone: Cell Phone: Work Phone: Address: Date of Birth: Place of Birth: Current Immigration Status: Date obtained: A Number: Referred by: *What is the immigration issue you wish to discuss with the attorney today* Your current marital status: How many times have you been married? If you are married now Name of spouse: Spouse s Date of Birth: Date of Marriage: Spouse s Place of Birth: Spouse s Immigration Status: Spouse s A#: Spouse s SSN: Spouse s address: Is your spouse a USC? YES NO If yes, when and how did your spouse become a USC? How many times has your current spouse been married? If your spouse has been married before please list the following information about his/her prior spouse Name: Date of Marriage: Date marriage ended: How marriage ended: Immigration Status: 1

8 If you were married previously Prior spouse s name: Prior spouse s Immigration Status: Date of marriage: Date marriage ended: If LPR, how attained status? If USC, how attained status? List all entries and departures starting with the first one until the last one in the box below: Entry Date to USA Port of Entry (Town, State) W/visa, No visa, EWI - Have you ever been apprehended by immigration, Please explain: -Have any one filed a petition for you before? Explain: Date of departure Exit point (Town, State) Days in USA Have you ever been: Fingerprinted.. Asked to sign papers Seen a judge.... Seen an officer of the law.. Arrested at the border. yes no Detained at the border..... yes no Granted voluntary departure... yes no Deported... yes no Asked to turn around at the border.. yes no Currently in deportation proceedings.. yes no 2

9 Immigration Court History: Date NTA or OSC filed: EOIR district: IJ Court Dates: Next Hearing Date: MC/IH Decision: Appeal filed: Final disposition of case: Good Moral character: Have you ever been ar Public charge: Have you ever Are you employed? Dates of employment to o Where? Other Potential Grounds of Inadmissibility: Are you in good health?... Have you had conv Have you signed an I-9 Have you ever registered to vote? Have you ever presented/provided false information / false documents to Immigration officia Family Ties to the USA: What family does the person have in the USA, including relationships and immigration status? Make special note if parents or grandparents are US-born Make special note if client is a victim of domestic violence USC or LPR relative: Parent ** - make sure to check for citizenship claims Grandparents ** - make sure to check for citizenship claims Spouse Children Sibling 3

10 - Do you have children? If yes, when & where were they born, age, name, & do they live with you? Name: DOB: Place of Birth: Live with you? Name: DOB: Place of Birth: Live with you? Name: DOB: Place of Birth: Live with you? Name: DOB: Place of Birth: Live with you? Name: DOB: Place of Birth: Live with you? Do you pay child support?... Are you current on all child support payments?... - Any equity (house, pay taxes, vehicles, employed, etc)? - Do you have a school degree? Investment ventures. (If any, otherwise do not answer) - Amount invested? Type of business? Are you a corporation, what type? Number of employees? Answer only if you are going to apply for citizenship Time outside the US How many times have you left the US since becoming and LPR? How long was each trip? Please list the following information regarding trips outside the US: Date Left Date Returned Countries traveled to Total days Please check the box if the answer to any of these is YES and provide an explanation in the space provided below. 4

11 Have you ever claimed to be a US citizen? Have you ever voted in an election in the US? Have you ever registered to vote in the US? Have you ever been in removal, deportation, or exclusion proceedings? Have you ever applied for any kind of relief from removal proceedings? If you are a male and lived in the US between the ages of 18 and 26, have you ever registered for the selective service? (If yes, provide the Information below, if no please explain why not.) Explanation: ******************************** ATTORNEY NOTES ONLY ***************************** Time: Date: Atty: Terms: Docs Request: English Spanish Contract Language: English Spanish Attorney Fees: Retainer: Expenses: Monthly Payments: Length of Contract: Doc Request by: WE need G-28 E-28 E-27 5

12

13 CLIENT INTAKE CONSIDERATIONS FOR AN IMMIGRATION ATTORNEY State Bar of Texas Immigration Law 101 February 23, 2011 Houston, Texas M. Elizabeth (Liz) Cedillo-Pereira Cedillo-Pereira & Cedillo, PLLC 1725 Greenville Ave. Dallas, Texas (214) Four Important Rules to Consider? Rule #1 - Know Thyself. Rule #2 Know Thy Law. Rule #3 Know Thy Business Rule #4 - Know Thy Client. Rule #1 - Know thyself Determine whether the practice is for you. Misconception that immigration law is a form filling type practice. Many practitioners related to this notion are before the grievance process. Lack of attention can cause great harm to families Examples: Cases can end up in Immigration Court because incorrect forms are "filled" out with unfavorable consequences for client 7

14 Considerations Understand that cases can remain active long periods of time: Example: You have been hired to monitor a case of a Mexico fourth preference petition which has a priority date of January 3, February visa bulletin is currently processing cases filed on January 1, Understand that the body of law is dynamic. Must be interested in working with government officials. This is a practice of diverse groups not English- Only. Be understanding of Immigration Politics. Practical Ways to Experience Immigration Law Take Pro Bono Cases Catholic Charities Human Rights Initiatives Observe and Exercise Courtroom Proceedings Dallas Houston San Antonio El Paso Harlingen Rule #2 - Know Thy Law Very Dynamic Area of Practice Learn the Law Stay Abreast of Changes in the Law 8

15 Know Thy law Attend CLEs State Bar UT Conference AILA conference Obtain the required information The Act Immigration and Nationality Act The Regs- 8 Code of Federal Regulations The Bible Kurzban s Immigration Law Sourcebook Online Sources (provide online services) Establish Relationships with Immigration Attorneys Join American Immigration Lawyer s Association Monthly Chapter meetings Fall and Spring Conferences National Conference Rule #3 Know Thy Business Immigration Practice is a volume-based business but each client is important Client Intake Best Practice #1 Be ready for new business Develop procedures to respond rapidly Telephone Calls s General personal inquiries Well-trained staff to set appointments based on Internal Intake form for use by receptionist/paralegal Internal Intake Name Number & Address & City & State Purpose of consultation Referral Source Provide Consultation Fee, Address, and Appointment day and time 9

16 Well-Trained and Knowledgeable Staff Know the types of cases the office handles Know how to wean and win prospective clients Know the days consultations are handled and how to confirm appointments Know the consultation fee Do not set appointment without setting the initial consultation fee Consider sending letters confirming appointment and the fee Consider sending with a firm brochure or FAQ pamphlet, AILA offers information pamphlets Client Intake Best Practice #2 Office Professionalism Provide Prospective Client Questionnaire Printed online or mailed Ask PC to bring to the consultation or Complete upon arrival Client Intake Best Practice #2 Prospective Client Intake Contains Information such as: Immigration History Family Data Employer Data Criminal History Goals of Prospective Client Referral Source 10

17 Client Intake Best Practice #3 Master the consultation Review the questionnaire i in your private office before greeting PC Review information with PC to confirm understanding Explain the law without using legal terms Provide your legal prescription and fee structure Take time to answer questions Pay attention to time Decide whether you wish to be retained by the PC Client Intake Best Practice #4 Office Manager reviews the key issues The agreement terms Representation commences with retainer and signed agreement Billing structure Monthly Communication practices Case Processing times Rule #4 Know thy Client Really Rule #1 Impress your Potential Client during your first meeting with understanding di of the law and compassion Explain the law in ways that are understandable and purposeful Be clear about your firm s policies and procedures Maintain contact with your client Set procedures in place to timely process each case. 11

18 Conclusion Client intake is really about SUCCESS. Setting strategy early on Understanding the underlying law Creating a plan of action Case management Engaging your client Staying abreast of changes 12