BIA Recognition and Accreditation May 24, 2013

1. BIA Recognition and Accreditation May 24, 2013 Silvana Arista & Laura Burdick Capacity Building Section

2. Presenters Silvana Arista, Program Coordinator, CLINIC Laura Burdick, Field Support Coordinator, CLINIC

3. Overview What is BIA R&A & why apply? R&A requirements The BIA application process & supporting documentation Training recommendations After approval New developments in R&A Considerations for CIR

4. What is 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

5. What is BIA R & A? Authorizes non-profit agencies and their staff to practice immigration law Agency must receive recognition for staff (non-attorneys) to be accredited Recognition doesn’t expire, but can be revoked; accreditation expires every three years and is open for renewal

6. Why apply for BIA R & A? Expand program services and increase professionalism 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

7. Why apply for BIA R & A? cont. Promotes quality of immigration advice Substantive immigration law training required for accreditation Ongoing training required Lower staffing costs

8. Agency Recognition Requirements Non-profit agency (best = IRS 501(c)(3)) Nominal fees Knowledge, experience, information of immigration law/procedure on staff Independent existence Other points BIA discretion Satellite office, apply separately

9. Who can get recognized? Jack’s Immigration Shack? Jewish Family Services? Mi Casa Domestic Violence Treatment Center? Mennonite Central Committee? Wal-Mart? Trump for President Committee?

10. BIA Recognition Application Form EOIR-31 Cover letter (what agency does & why it merits recognition) Articles of incorporation Agency by-laws

11. BIA Recognition Application Non-profit status letter Immigration library resources (hard copy and internet) Fees for immigration services, if any & fee waiver policy. Statement re: no dues. Funding sources for immigration work only with amounts (not a budget)

12. BIA Recognition Application Organizational chart only including supervision of immigration staff Resumes of staff with immigration training and/or experience Letters of recommendation Local newspaper articles showcasing agency’s great work (optional)

13. What’s accreditation? Employee/volunteer BIA recognized nonprofit Knowledge and experience in immigration law (training very helpful) Partial or full accreditation Lasts for 3 years, renewable Does not go where you go

14. Who could get accredited? Sylvia, a legal advocate from Domestic Violence Institute, who has 3 months of practical immigration experience and attended three substantive immigration law trainings apply for accreditation? Could the staff at Trump for President Committee apply for accreditation? Jack (Jack’s Imm. Shack) with one year of immigration experience apply for accreditation?

15. 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.

16. BIA Accreditation Application Cover letter requesting accreditation “BIA accreditation resume” of the applicant Certificates/agendas from immigration trainings Letter(s) of recommendation Certificate of service on USCIS and ICE

17. Technical Legal Support Requirement Must have a letter from attorney or full 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

18. Experience the Agency Can Rely on for Technical Backup Full accredited representative (if applying for recognition) Attorney Consulting full accredited representative Consulting attorney All of the above satisfy the experience requirement Document with letter or agreement Do not have to show the applicant has practiced all of immigration law.

19. Knowledge On Site: Immigration and Nationality Act and 8 Code of Federal Regulations Internet: manuals, webinars, archived videos, trainings, podcasts, etc.: CLINIC, www.cliniclegal.org IAN, www.immigrationadvocates.org ILRC, www.ilrc.org ASISTA, www.asistaonline.org

20. Training Opportunities In-person training E-learning Webinars CLINIC self-directed courses Mentoring Apprenticeship Supervision by attorney or BIA accredited representative

21. Suggested Training Fundamentals of Immigration Law & Procedure Family-Based Immigration Citizenship & Naturalization Program Management Legal Skills Bars & Waivers Inadmissibility Immigration Consequences of Crimes Ethics

22. 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

23. Training Resources CLINIC trainings, www.cliniclegal.org Immigration Advocates Network, http://immigrationadvocates.org Immigrant Legal Resource Center 40-hr training, www.ilrc.org World Relief offering 40-hr training June 17-20, http://worldrelief.org/immigrant-legal-services/events Don’t forget about webinars and E-learning courses (CLINIC has many of these)

24. 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 22041 *Check BIA website for most current address and courier address, http://www.justice.gov/eoir/statspub/raroster.htm Mail one full copy to USCIS District Director and one to ICE Chief Counsel Send all by certified mail, return receipt

25. 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)

26. Common Reasons for Delays Missing proof of service to USCIS and/or ICE 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

27. 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

28. 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 law changes

29. Who is bound by ethics rules? Lawyers - ABA Code of Professional Responsibility Legal Advocates/Accredited Reps – Not bound to ABA Code, but should follow. Check with your own professional ethics rules Check with your agency

30. Other Sources of Ethics/Standards BIA Practice Regulations (8 CFR 1003.101 to 1003.109) Professional conduct rules for all practitioners 8 CFR 1003.102 – 13 examples for discipline EOIR website (http://www.usdoj.gov/eoir/) Lists practitioners who have been sanctioned

31. 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)

32. 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, ethics training

33. New 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

34. 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: www.uscis.gov/avoidscams

35. 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

36. New Resource New BIA FAQ Sheet on R&A: http://www.justice.gov/eoir/statspub/rafaqs.htm Also, BIA website: http://www.justice.gov/eoir/statspub/raroster.htm

37. Questions? twitter.com/cliniclegal facebook.com/cliniclegal 415 Michigan Ave., NE Suite 200 Washington, DC 20017 202-635-2556 national@cliniclegal.org