Presenters All About BIA Recognition and Accreditation Silvana Arista, Project Attorney, CLINIC Laura Burdick, Field Support Coordinator, CLINIC March 20, 2014 2 Overview What is BIA R&A & why apply R&A requirements The BIA application & supporting documentation Training recommendations The application process After approval Resources 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 292.2 3 4 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 5 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 www.justice.gov/eoir/statspub/raroster.htm 6 1
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 7 Agency Recognition Requirements 8 CFR 1292.2(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/email correspondence is acceptable (Matter of EAC) 8 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 or office location 9 BIA R&A Application Form EOIR-31, at http://www.justice.gov/eoir/eoirforms/eoi 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 10 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) 11 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 12 2
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 13 Accreditation at Multiple Sites All representatives performing legal work as BIA accredited representatives must be accredited at each recognized location. Accreditation does not transfer from one site to another. 14 Training Opportunities In-person training E-learning Webinars CLINIC self-directed d course Mentoring Apprenticeship Supervision by attorney or BIA accredited rep 15 BIA Decision: Matter of Central California Legal Services March 2013 Application for initial accreditation must show recently completed formal training course designed to give new practitioners a solid overview of fundamentals of immigration law and procedure 16 Suggested Training Introduction to Immigration Law Practice Intro to Family-Based Immigration Overview of Citizenship Program Management Seeking Humanitarian Relief Bars & Waivers Immigration Consequences of Crimes Grounds of Inadmissibility 17 Training Tips Mix of in-person, e-learning, and webinars recommended Keep certificates of all trainings attended List trainings on resume List who gave the training, title, date, location, type of training 18 3
Training Resources CLINIC trainings, www.cliniclegal.org Immigration Advocates Network, http://immigrationadvocates.org 40-hr training by ILRC, World Relief, NYIC Don t forget about webinars and e-learning courses (CLINIC has many of these) 19 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 CLINIC will provide letter for affiliates 20 Mailing the Application Mail original to: Recognition and Accreditation Program Coordinator Board of Immigration Appeals Office of the Chief Clerk 5107 Leesburg Pike, Suite 2000 Falls Church, VA 20530-0001 *Check BIA website for most current address, http://www.justice.gov/eoir/ra.htm Mail one full copy to USCIS District Director and one to ICE Chief Counsel If unsure of ICE address, call ICE HQ, 703-235-2700 Send all by certified mail, return receipt 21 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) 22 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 23 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. 24 4
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 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) 25 26 BIA Updates BIA created an application form for staff accreditation, EOIR-31A Announced for comment in Federal Register in Nov 2013 and Jan 2014 CLINIC submitted comments in Feb. 2014 Form not finalized yet Will be optional 27 FAQs I want to apply for R&A. How do I get started? What trainings should I take? Is there a CLE requirement to maintain my accreditation? Can I increase my fees after receiving agency recognition? Do I have to notify the BIA about this? How can I get Level 2 accreditation? 28 Quiz: True or False? BIA stands for Bureau of Immigration Appeals. The BIA requires 40 hours of immigration law training for accreditation. There is no fee for the R&A application. Accreditation does not need to be renewed. An agency must apply for both R&A at the same time, unless it has an immigration attorney on staff. Level 2 accreditation allows staff to practice law in all courts. The completed application needs to be sent to three different places. 29 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: http://www.cliniclegal.org/resources/toolkit -bia-recogition-accreditation 30 5
More Resources BIA FAQ Sheet on R&A: http://www.justice.gov/eoir/ra/rafaqs.htm BIA website: http://www.justice.gov/eoir/ra.htm CLINIC Subscription 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: http://cliniclegal.org/subscribers 31 32 Questions? twitter.com/cliniclegal 8757 Georgia Avenue Suite 850 Silver Spring, MD 20910 301-565-4800 national@cliniclegal.org facebook.com/cliniclegal 6