.Presented by: Tara PinkhamChurch World ServiceJune 2010

DisclaimerThis information is not intended to provide

legal advice or substitute for the advice of a competent attorney. It is only intended to inform you and help you learn more about immigration legal matters. Church World Service has made all efforts to provide up-to-date, complete, and correct information but, due to frequent changes in immigration law and procedure, Church World Service cannot make any claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained herein or on the external website links provided.

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Outline of presentationWhat is the BIA?Practice of Law Unauthorized Practice of LawDifferences Between Recognition and

AccreditationRecognitionAccreditationDisciplinary proceedings

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What is the BIA?Part of the Department of JusticeAppellate Body of Immigration Courts Adjudicated Requests for Recognition and

Accreditation to Practice Immigration LawSeparate from USCIS

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Practice of LawWhat is it?

The act or acts of any person appearing in any case, either in person or through the preparation or filing of any brief or other document, paper, application, or petition on behalf of another person or client before or with USCIS, or any officer of USCIS or the BIA (8 CFR § 1.1(i) (2009).

Examples of practicing law

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Who is authorized to immigration law practice in the US? An attorney licensed in NY practicing in CAA patent attorney filing an immigration

application for his brotherA BIA accredited representative working at

the IRSA person who received a law degree in the

Dominican RepublicA notarioParalegal supervised by an attorneyHumanitarian Bono from U2

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Types of Assistance That Do Not Constitute the Practice of LawComplete form as instructed that was brought to

you – NO INTERPRETATION OF QUESTIONSTranslate without interpretationRefer to immigration attorney or BIA accredited

repFilling out intake formGathering supporting documentation for case

****MAKE IT CLEAR YOU ARE NOT AN ATTORNEY OR ACCREDITED REPRESENTATIVE!!!!****

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What happens when unauthorized practitioners practice law:For the applicant:Application deniedLose feesPlaced into removal

proceedingsFor the unauthorized

practitioner:Pays heavy fineGoes to jail For the organization:• Opens up liability• Lawsuit

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BIA Recognition and AccreditationProcess that allows non-attorney

representatives to practice immigration lawCreated to provide low income immigrants

with highly competent and quality legal services

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BIA Recognition and AccreditationRecognition Accreditationprocess whereby the BIA

permits a non-for-profit organization to have non-attorney representative on staff to practice immigration law

Permanent, unless revokedFor the organizationMust have accredited

representatives or attorney on staff to actually provide legal services

Not-for-profit organization designates who it wants to practice immigration law

Only valid for 3 years, must renew

For individual employee of recognized organization

Must work at the not-for-profit organization that filed the accreditation request for accreditation to remain valid

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Relationship between BIA Recognition and Accreditation

Married for lifeNo annulment or divorceOne cannot act without

the other

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Benefits to BIA Recognition and AccreditationStrengthens program

More complete/professional servicesCan exchange information with USCIS without

client being presentCan represent clients at USCIS interviews or in

immigration courtQuality immigration advice

Substantive immigration training required Need to maintain continuous training for

renewalSave expenses

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BIA RecognitionWhat organizations can be recognized?A non-profit religious, charitable, social

service, or similar organization;Established in the United States;Must demonstrate that:

1) “it makes only nominal charges;”2) “assesses no excessive membership dues for

persons given assistance;” and3) “it has at its disposal adequate knowledge,

information and experience” with regard to immigration law

-8 CFR §292.2 (a); §1292.2 (a)

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To obtain recognition, agency must have at least one of the following:A local attorney who:

Works with the agency, Volunteers on a pro bono basis with the agency, orHas some other formal arrangement with the agency;

A representative* who is fully accredited by the BIA; orA representative* who is partially accredited by the BIA

and who has access to additional expertise.*The application for an accredited representative may be

filed simultaneously with the agency application.

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What can a recognized agency do?Offer direct legal services to immigrant

community if it has an accredited representative on staffDon’t overstep competence

Apply for accreditation of full or part-time employees and volunteers to practice immigration law

Be placed on the BIA Recognized Agency Roster

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Miscellaneous RecognitionIf an agency has several sites, each site must

seek separate recognition.Recognition may be withdrawn by BIA if

agency fails to maintain qualifications. Withdrawal process described at 8 CFR §292.2(c); §1292.2 (c)

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Preliminary Steps Before Filing BIA Recognition ApplicationDevelop law libraryMake connections with local immigration

attorney, immigration organizations, & USCISThese linkages will help recognition process

(need recommendation letters)Develop fee schedule

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Immigration Library Resource ListREQUIRED

Immigration and Nationality Act (hard copy recommended)

Regulation (hard copy recommended)BIA Case Law

Websites (uscis.gov, justice.gov/eoir, gpoaaccess.gov, aila.org, nilc.org, ilrc.org, ilw.com)

Listservs (recommend caircoalition on Yahoo groups)Interpreter’s Releases or Immigration BulletinILRC ManualsMemberships in immigration organizationsAccess to other libraries

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Application ProcessFollowing documentation needs to be in the

submission packet:Form EOIR-31, Request for Recognition of a

Non-Profit Religious, Charitable , Social Service, or Similar Organization (no fee required)

Cover letterArticles of Incorporation for the OrganizationBy-laws of the Organization501(c)(3) letterLaw Library resources ListFee Schedule

Continued . . .19

Application Process (doc cont’d)List of funding sourcesPersonnel ChartResumes of staff with immigration training and

experience Letters of RecommendationAgreement Letter Referring Complicated CasesArticles on the OrganizationOrganization’s Promotional MaterialCopy of BIA’s prior decisions on requests for

R&A

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Fee ScheduleNominal fees only!Cannot be means through which organization

could fund itself – if fees make up more than 50% of operational budget for legal services, BIA likely to deny request

“No one will be denied services for inability to pay.”

Consult other organizations for fee schedules

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BIA Accreditation - Who Can Be Accredited?Person who:Has good moral characterHave relevant experience in

immigration and naturalization law and procedure

Adequate knowledge of immigration and naturalization law and procedure

Seek full or partial accreditationFull-time, part-time employee, or

volunteer of recognized agency or agency applying for recognition

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AccreditationMust be renewed every 3 years (if file 60

days before expiration can still practice during adjudication)

Not transferrableCannot become solo practitionerMay be placed on the BIA Accredited

Representative RosterDoes not allow practice of any other type of law

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Types of accreditationPartial accreditation: authorizes

representative to practice immigration before agencies of U.S. DHS (USCIS, ICE, BCP)Can sign G-28, file forms, attend interviews,

communicate directly with government agency, and give legal advice

Full accreditation: authorizes representative to practice immigration before DHS agencies, as well as Immigration Courts and BIACan do all tasks above and represent clients in

removal proceedings in Immigration Court and on appeal before BIA; can submit briefs and motions

Cannot practice in federal courts (District Courts, Courts of Appeals, Supreme Court)

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Preliminary Steps Before Filing Accreditation ApplicationTraining, training, trainingVolunteer at local immigration organizationMake contacts with local immigration

practitioners, organizations, and USCISSit in Immigration Court TrialsDid I mention training?

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TrainingFamily Based ImmigrationNaturalizationWaiversDeportation

Resources for trainings – Clinic Legal, AILA.org, Probono.net, ILRC, CWS, ILW.org

If you request me to hold a webinar and enough people are interested, I will gladly host it.

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BIA Accreditation ProcessFollowing documentation needs to be in the submission packet:• Cover letter requesting accreditation (no form for

accreditation)• Immigration resume of person seeking accreditation• Certificates and/or agendas from immigration trainings• Letters of recommendation for person seeking

accreditation• Awards or other documentation showing the applicant’s

involvement with the community• Organizational chart if not filed simultaneously• Letter granting BIA recognition if not filed

simultaneously

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Disciplinary ProceedingsBIA recognized agencies and accredited

representatives are subject to disciplinary proceedings under 8 C.F.R. §292.3 and 1292.3

Disciplinary proceedings may be conducted for practitioner who has engaged in criminal, unethical, or unprofessional conduct or frivolous behavior

Board may withdraw accreditation or recognition; expel or suspend practitioner; conduct public or private censure; impose other appropriate disciplinary sanctions

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Disciplinary proceedings (cont.)Most states would likely hold accredited reps

to same ethical standards as attorneys; see American Bar Association Model Rules of Professional Conduct

Agencies should have liability insurance to cover immigration programs and staff

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BIA Contact informationBIA website information on Recognition

and Accreditation BIA Clerk’s Office: 703-605-1007Acting Recognition and Accreditation

Program Coordinator: Paulomi Dhokai (paulomi.dhokai@usdoj.gov)

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Resources for BIA Recognition and Accreditation Tara Pinkham, Associate Director of Church World Service’s Immigration and

Refugee Program, by email tpinkham@churchworldservice.org. CLINIC’s Toolkit for BIA Recognition and Accreditation available at

http://www.cliniclegal.org/resources/toolkit-bia-recogition-accreditation US Regulations on BIA Recognition and Accreditation under 8 CFR 292.2

available at http://edocket.access.gpo.gov/cfr_2009/janqtr/pdf/8cfr292.2.pdf BIA Case Law Relating to BIA Recognition and Accreditation:

Matter of American Paralegal Academy, Inc, 19 I & N Dec. 386 (BIA 1986) available at http://www.justice.gov/eoir/vll/intdec/vol19/3012.pdf.

Matter of Lutheran Ministries of Florida, 20 I & N Dec. 185 (BIA 1990) available at http://www.justice.gov/eoir/vll/intdec/vol20/3132.pdf.

Matter of Baptist Educational Center, 20 I & N DEC 723 (BIA 1993) available at http://www.justice.gov/eoir/vll/intdec/vol20/3210.pdf.

In re Chaplain Services, INC, 21 I & N Dec. 578 (BIA 1996) available at http://www.justice.gov/eoir/vll/intdec/vol21/3292.pdf.

Matter of EAC, INC, 24 I & N Dec. 563 (BIA 2008) available at http://www.justice.gov/eoir/vll/intdec/vol24/3615(accred).pdf.

Matter of EAC, INC, 24 I & N Dec 556 (BIA 2008) available at http://www.justice.gov/eoir/vll/intdec/vol24/3614(recog).pdf.

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Power Point BibliographyCWS’s Immigration Law Course Power Point

prepared by Natalie SullivanClinical Legal’s BIA Recognition and

Accreditation Training Power Point, February 2010, Washington DC by Jack Holmgren, Clinic and Amy Bliss Tenney from World Relief

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