BIA Recognition and Accreditation

May 24, 2013

Silvana Arista & Laura BurdickCapacity Building Section

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Silvana Arista, Program Coordinator, CLINIC

Laura Burdick, Field Support Coordinator, CLINIC

Presenters

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• 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

Overview

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• 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

What is Board of Immigration Appeals (BIA) ?

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• 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

What is BIA R & A?

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• 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

Why apply for BIA R & A?

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• Promotes quality of immigration advice– Substantive immigration law training

required for accreditation– Ongoing training required

• Lower staffing costs

Why apply for BIA R & A? cont.

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• 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

Agency Recognition Requirements

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• Jack’s Immigration Shack? • Jewish Family Services? • Mi Casa Domestic Violence Treatment

Center?• Mennonite Central Committee? • Wal-Mart? • Trump for President Committee?

Who can get recognized?

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• Form EOIR-31• Cover letter (what agency does & why it

merits recognition)• Articles of incorporation• Agency by-laws

BIA Recognition Application

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• 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)

BIA Recognition Application

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• 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)

BIA Recognition Application

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• 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

What’s accreditation?

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• 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?

Who could get accredited?

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• 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.

Accreditation at Multiple Sites

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• 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

BIA Accreditation Application

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• 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

Technical Legal Support Requirement

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• 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.

Experience the Agency Can Rely on for Technical Backup

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• 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

Knowledge

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• In-person training• E-learning• Webinars • CLINIC self-directed courses• Mentoring• Apprenticeship• Supervision by attorney or BIA accredited

representative

Training Opportunities

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

Suggested Training

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• 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

Training Tips

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• 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)

Training Resources

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• 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

Mailing the Application

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• 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)

What happens next?

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• 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

Common Reasons for Delays

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• 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

BIA Decision

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• 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

After R & A

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• 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

Who is bound by ethics rules?

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• 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

Other Sources of Ethics/Standards

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• 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)

Renewal of Accreditation

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• 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

Possible Changes to R & A

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• 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

New BIA Decision: Matter of Central California Legal Services

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• 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

Considerations for CIR

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• 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

Resources

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• 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

New Resource

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Questions?

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