\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 15 Interviewing. \ 15.8 Role of Attorney or Representative in the Interview Process.
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15.8 Role of Attorney or Representative in the Interview Process.
Frequently an attorney will be present to represent a subject. The following rules should be followed when the person being interviewed is accompanied by legal counsel:
Interviewing officers should verify that a properly executed Notice of Entry of Appearance as Attorney or Representative (Form G-28) is part of the record.
The attorney’s role at an interview is to ensure that the subject's legal rights are protected. An attorney may advise his client(s) on points of law but he/she cannot respond to questions the interviewing officer has directed to the subject. The attorney's role is even more restricted with regard to a sworn statement taken from an applicant for admission in conjunction with removal proceedings to determine admissibility, where the alien has not yet legally entered the United States.
Officers should not engage in personal conversations with attorneys during the course of an interview.