Presenters Silvana Arista, Project Attorney, CLINIC All About BIA Recognition and Accreditation Laura Burdick, Field Support Coordinator, CLINIC March 20, 2014 2 What is the Board of Immigration Appeals (BIA)? Overview • What is BIA R&A & why apply • R&A requirements • The BIA application & supporting documentation • Training recommendations • The application process • After approval • Resources • 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 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 4 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 y g DHS/EOIR sends to clients of everything – 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 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 Supporting Documentation • Proof of non-profit status • Copy of Charter, Constitution, By-Laws, and/or Articles of Incorporation • Fee schedule (and dues if applicable) • Li List off ffunding di sources particular i l 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 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 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, Cont’d • Organizational chart (supervision of immigration staff) • Description of legal services to be provided • Immigration resumes/training certificates/agendas tifi t / d off staff t ff with ith 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 Accreditation at Multiple Sites • All representatives performing legal work as BIA accredited representatives must be accredited at each recognized location. location • Accreditation does not transfer from one site to another. 13 Training Opportunities • • • • • • • In-person training E-learning Webinars CLINIC self-directed lf di t d course Mentoring Apprenticeship Supervision by attorney or BIA accredited rep 14 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 15 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 16 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) 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 19 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 Check BIA website for most current address 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 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 20 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 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 Renewal of Accreditation After R&A • Must inform BIA promptly of any changes, especially if staff leave • Use certified mail with return receipt • M Mustt stay t up tto d date t on iimmigration i ti llaw changes • 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 BIA Updates 26 FAQs • 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 • 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? 27 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 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 28 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 31 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 32 Questions? twitter.com/cliniclegal 8757 Georgia Avenue Suite 850 Silver Spring, MD 20910 301-565-4800 facebook.com/cliniclegal [email protected] 6
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