---
title: "Keep a client's declaration in the client's own words"
url: "https://ailawframework.com/practice/immigration-and-migration-law/draft-a-client-declaration-or-interview-question-list-from-the-facts/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A30-A20260923-2-US"
practice_area: "Immigration & Migration Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Keep a client's declaration in the client's own words

> List gaps in the documents the lawyer identifies. Write no declaration, no answers the client will sign, and no interview script presented as the client's words.

Canonical page: https://ailawframework.com/practice/immigration-and-migration-law/draft-a-client-declaration-or-interview-question-list-from-the-facts/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Immigration & Migration Law](https://ailawframework.com/practice/immigration-and-migration-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List gaps in the documents the lawyer identifies. Write no declaration, no answers the client will sign, and no interview script presented as the client's words. |
| What the lawyer must review | 28 U.S.C. § 1746 allows a matter that federal law permits to be proved by a sworn statement to be proved instead by an unsworn declaration the person subscribes as true under penalty of perjury, in substantially the form the section sets out, dated and signed. The words are the person's. You do not put generated sentences into that declaration. In proceedings before the immigration courts and the Board, 8 C.F.R. § 1003.102(c) includes knowingly or recklessly offering false evidence. EOIR PM 25-40 points to Formal Opinion 512, including consultation with the client where the Model Rules require it. A question list you use to interview the client is not the declaration. |
| Written for | United States |
| Applies to | [Draft a client declaration or interview-question list from the facts](https://ailawframework.com/practice/immigration-and-migration-law/draft-a-client-declaration-or-interview-question-list-from-the-facts.md) |

## Checking plan

- What the AI does: List gaps in the documents the lawyer identifies. Write no declaration, no answers the client will sign, and no interview script presented as the client's words.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The form of the declaration differs if it is signed outside the United States. Use the text in § 1746.
- The section does not apply to a deposition, an oath of office, or an oath required before a specified official other than a notary.

## Sources

- [28 U.S.C. § 1746, Unsworn declarations under penalty of perjury](https://www.law.cornell.edu/uscode/text/28/1746) (checked 2026-10-22)
- [8 C.F.R. § 1003.102, Grounds of discipline](https://www.law.cornell.edu/cfr/text/8/1003.102) (checked 2026-10-22)
- [EOIR Policy Memorandum 25-40 (8 August 2025)](https://www.justice.gov/eoir/media/1410621/dl?inline) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Immigration intake and document checklist (United States)](https://ailawframework.com/precedents/immigration-and-migration-law/us-immigration-intake-and-documents.md) | Checklist | Yellow | A client intake and document list for a USCIS benefit request, tied to eligibility at filing and to full English translations, with no sworn statement. |
| [Form 1399: declaration of service](https://ailawframework.com/precedents/immigration-and-migration-law/form-home-affairs-1399-declaration-of-service.md) | Form | Yellow | Link to Home Affairs Form 1399. The character page calls it a declaration of service. The PDF says it is used to assess a visa or citizenship application against a character test. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*