Presenters. BIA Recognition and Accreditation for Start-up and Expanding Programs. March 20, CLINIC Subscription. Overview

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1 Presenters BIA Recognition and Accreditation for Start-up and Expanding Programs March 20, 2013 Sarah Bronstein, Training and Legal Support Attorney, CLINIC Laura Burdick, Field Support Coordinator, CLINIC Courtney Tudi, Capacity Building Attorney Specialist, World Relief 2 Overview CLINIC Subscription What is practicing law What is BIA R&A & why apply R&A requirements The BIA application process & supporting documentation Training recommendations New developments in R&A Considerations for CIR Provides assistance with BIA R&A application process Discounted registration fees for trainings Access to attorney hotline for case consultations (technical legal support) More information: What is the Board of Immigration Appeals (BIA)? Part of U.S. Department of Justice, Executive Office of Immigration Review (EOIR) Appeals court for immigration court cases Grants agency recognition and individual accreditation to practice immigration law 8 CFR What is practicing law? Practice Representing immigrants in court or in front of USCIS (G-28) Drafting legal l documents or filling out immigration forms Giving legal advice *8 CFR 1.1 (K) 5 6 1

2 What is practicing law? Not Practice Filling in the blanks as directed by client Filling out intake forms/ collecting biographical information Gathering supporting documents Who can practice immigration law? Two main groups: Attorneys BIA accredited representatives Translation/interpretation Referral to an attorney Preparation of photos 7 8 What is unauthorized practice of law? Practicing law without official permission or supervision (license or accreditation) Almost all help on immigration i forms without BIA accreditation or a US jurisdiction law license is unauthorized practice of law Agency and/or worker may be liable 9 What consequences could result from unauthorized practice of law? Client liability Irreparable harm to client, e.g., deportation increased likelihood of mistakes Agency liability (not covered for legal malpractice) Agency or individual providing help Most states could investigate agency for unauthorized practice of law Repercussions from the Board and/or other agencies 10 What is BIA R&A? Authorizes non-profit agencies to practice immigration law Agency must receive recognition for staff (nonattorneys) to be accredited Recognition never expires, but can be revoked; Accreditation expires every three years Two types of accreditation: Full allows representation in immigration court and before DHS Partial DHS only 11 What are the limitations of BIA R&A? Nominal fees Practice of law limited only to immigration matters and immigration system Recognition and accreditation is not mobile Agency changes names or address, notify BIA to update information on BIA roster available at

3 Why apply for BIA R&A? Strengthen program/ensure better client services More complete/professional services Reps. can sign G-28/E-28, obtaining copies of everything DHS/EOIR sends to clients Reps. can represent client at interviews Ensure quality of immigration advice Substantive immigration law training required for accreditation Ongoing training required Lower staffing costs 13 Agency Recognition Requirements 8 CFR (a) and (b) Non-profit organization Demonstration that only nominal fees will be charged Knowledge of and experience with immigration law Immigration legal resource library Independent existence Multiple locations must each be recognized Access to technical support of an immigration attorney or fully accredited representative on staff, as consultant, phone/ correspondence is acceptable (Matter of EAC) 14 Requirements for Representative Accreditation Employee/volunteer of BIA recognized non-profit agency Knowledge of/experience in immigration law Good moral character (demonstrated through letters of recommendation) Terminates if staff member leaves agency and the agency must notify the BIA immediately Expires every 3 years, renewable indefinitely Can be accredited at more than one agency 15 BIA R&A Application Form EOIR-31, at r31.pdf Cover letter (important to state full or partial accreditation and give office location) Supporting documentation (missing information will cause delays) Proof of service on USCIS and ICE Separate packages for agency and individual staff 16 Supporting Documentation Proof of non-profit status Copy of Charter, Constitution, By-Laws, and/or Articles of Incorporation Fee schedule (and dues if applicable) List of funding sources particular to agency s immigration work and costs to agency of service provision (a very basic budget) List of immigration law library resources (hard-copy and/or internet) 17 Supporting Documentation, Cont d Organizational chart (supervision of immigration staff) Description of legal services to be provided Immigration resumes/training certificates/agendas t of staff with immigration knowledge/experience Letter(s) of recommendation Letter documenting access to technical legal support on immigration law Copy of prior BIA decision, if applicable 18 3

4 BIA Accreditation Application Can apply separately if site is already recognized Cover letter Immigration resume of applicant listing all immigration-related experience & training Certificates and/or agendas from immigration trainings Letters of recommendation from supervisor and immigration law technical assistance provider who knows applicant s work well (two letters sufficient) Proof of service on USCIS and ICE Copy of any previous BIA decision 19 Training Opportunities In-person training E-learning Webinars CLINIC self-directed course Mentoring Apprenticeship Supervision by attorney or BIA accredited rep 20 Suggested Training Fundamentals of Immigration Law Family-Based Immigration Citizenship and Naturalization Program Management Legal Skills Bars & Waivers Immigration Consequences of Crimes Ethics 21 Training Resources CLINIC trainings, Immigration Advocates Network, Immigrant Legal Resource Center 40-hr training, World Relief offering 40-hr training June 17-20, Don t forget about webinars and E-learning courses (CLINIC has many of these) 22 Technical Legal Support Requirement Must have a letter from attorney or fully accredited representative stating: Background and qualifications in immigration law Knowledge of agency/staff Will answer immigration law and procedure questions for agency Any fees charged for this support Good to recommend agency/staff as well 23 Mailing the Application Mail original to: Recognition and Accreditation Program Coordinator Board of Immigration Appeals Clerk s Office P.O. Box 8530 Falls Church, VA *Check BIA website for most current address and courier address, Mail one full copy to USCIS District Director and one to ICE Chief Counsel Send all by certified mail, return receipt 24 4

5 What happens next? USCIS and ICE have 30 days to recommend for or against application, can request extension If USCIS and/or ICE timely responds against application, agency can respond to BIA with copies served on USCIS/ICE with proof of service Agency has 30 days to respond, can request extension Standard processing time: 3 months (once complete) 25 Common Reasons for Delays Missing proof of service Extension requests by USCIS and/or ICE Extension requests by the organization to respond to USCIS or ICE Incomplete application Not clearly stating location for where representative will be accredited Not stating whether full or partial accreditation 26 BIA Decision BIA sends decision in writing (separate decisions for agency and staff) If denial, BIA will state reasons Agency can reapply immediately with additional information If approved, newly accredited rep. may immediately begin practicing immigration law at agency BIA roster updated with agency info. 27 After R&A Must inform BIA promptly of any changes, especially if staff leave Use certified mail with return receipt Must stay up to date on immigration i law changes 28 Renewal of Accreditation Every 3 years Apply at least 60 days before expiration to continue practicing Must show continuing immigration legal education and experience (update resume and training list) Possible Changes to R&A EOIR considering new regulations CLINIC submitted comments on proposed changes in March 2012 Some areas under discussion: nominal fees, withdrawal of recognition, definition of low-income, required training for reps

6 Considerations for CIR Get BIA R&A now Get additional staff accredited Get partial rep fully accredited Get additional office locations recognized Get volunteers accredited Budget for training and materials Help others get R&A Combat UPL: 31 Resources CLINIC s Immigration Management Manual, Chapter 4 Step-by-Step Guide by World Relief & CLINIC BIA precedent decisions Law library resources Sample applications All resources available free at: -bia-recogition-accreditation 32 New Resource New BIA FAQ Sheet on R&A: m Questions? twitter.com/cliniclegal Also, BIA website: ster.htm 415 Michigan Ave., NE Suite 200 Washington, DC national@cliniclegal.org facebook.com/cliniclegal 33 6