yabadaba
03-05 02:43 PM
http://www.jingchenglaw.com/frontend/successstories/I_140_01.jpg
http://www.uscis.gov/files/form/i-485.pdf
also in the 485 form, please take a look on the right hand side where it says uscis use only....thats where they have "country chargeable," and I guess they are right that they make the determination during adjudication.
http://www.uscis.gov/files/form/i-485.pdf
also in the 485 form, please take a look on the right hand side where it says uscis use only....thats where they have "country chargeable," and I guess they are right that they make the determination during adjudication.
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ajm
09-25 11:06 PM
I have a good experience with them. They have filed all my applications without unnecessary delays and they were also proactive in informing me about the visa bulletin reversal at the end of June.
Totoro
05-21 01:33 PM
That is really great NEWS. at least, some are benefiting from the left outs. How did that happen so quickly. What are the hurdles in getting it for legal immigrants (for example, H4 dependents)?
It happened because of relentless canvasing of the media until the story got out and embarrassed the government. "Supporting the troops" is a no-brainer for a politician wanting to score political points. Most Americans could care less about immigrants or other citizens who are married to them. So there is no political urgency to solve that "problem." Although the media has reported that the exclusion of legal immigrants was "unintended," my sources say that the exclusion was intentional.
I had hoped to embarrass the government further by exposing the connection to a known "hate group," but the media has refused to report that part of the story. If I could get the media to expose the racist origins of this law, we might have some hope, but don't count on it.
The next phase is to focus on legal options.
It happened because of relentless canvasing of the media until the story got out and embarrassed the government. "Supporting the troops" is a no-brainer for a politician wanting to score political points. Most Americans could care less about immigrants or other citizens who are married to them. So there is no political urgency to solve that "problem." Although the media has reported that the exclusion of legal immigrants was "unintended," my sources say that the exclusion was intentional.
I had hoped to embarrass the government further by exposing the connection to a known "hate group," but the media has refused to report that part of the story. If I could get the media to expose the racist origins of this law, we might have some hope, but don't count on it.
The next phase is to focus on legal options.
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Jaime
09-04 02:55 PM
If Jaime is the good cop, I am the bad cop :)
Good, bad, ugly, pretty all come to the rally!
Good, bad, ugly, pretty all come to the rally!
more...
gc_lover
09-22 08:17 AM
Yes, and the only reason I see is LAZINESS, COWARDICE, SELFISHNESS AND ATTITUDE
These words have stopped some people from attending the rally, maybe you should not use them more than million times.
These words have stopped some people from attending the rally, maybe you should not use them more than million times.
rajsand
09-20 11:44 AM
Jaime, your thought of having one more rally in Silicon Valley is a good one but again you are going to have the same crowd..!!
People in neighbouring states of DC did not make it , you tthink they will make it all the way to west coast! very doubtful!!
We should aim at bringing in more people to this family as possible..
Looks like a simultaneous rally on a weekend will be very effective!
And this time for the rally we will carry one one slogan banners
'SHORTEN THE WAIT FOR LEGAL IMMIGRANTS' or something similar!
just a thought!
People in neighbouring states of DC did not make it , you tthink they will make it all the way to west coast! very doubtful!!
We should aim at bringing in more people to this family as possible..
Looks like a simultaneous rally on a weekend will be very effective!
And this time for the rally we will carry one one slogan banners
'SHORTEN THE WAIT FOR LEGAL IMMIGRANTS' or something similar!
just a thought!
more...
gcadream
06-10 02:31 PM
I'm so reliefed and excited to see the bulletin site after so many years...
At first it look like a prank to me, like what happened last month.
But now I 'm quite certain that that yes the dates did moved for EB2 category upto Oct-01-2005.
Its really a great great news after a long long time !!
Someday I will also complete my journey :)
At first it look like a prank to me, like what happened last month.
But now I 'm quite certain that that yes the dates did moved for EB2 category upto Oct-01-2005.
Its really a great great news after a long long time !!
Someday I will also complete my journey :)
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rajsand
09-20 11:44 AM
Jaime, your thought of having one more rally in Silicon Valley is a good one but again you are going to have the same crowd..!!
People in neighbouring states of DC did not make it , you tthink they will make it all the way to west coast! very doubtful!!
We should aim at bringing in more people to this family as possible..
Looks like a simultaneous rally on a weekend will be very effective!
And this time for the rally we will carry one one slogan banners
'SHORTEN THE WAIT FOR LEGAL IMMIGRANTS' or something similar!
just a thought!
People in neighbouring states of DC did not make it , you tthink they will make it all the way to west coast! very doubtful!!
We should aim at bringing in more people to this family as possible..
Looks like a simultaneous rally on a weekend will be very effective!
And this time for the rally we will carry one one slogan banners
'SHORTEN THE WAIT FOR LEGAL IMMIGRANTS' or something similar!
just a thought!
more...
needhelp!
11-15 11:18 AM
I wish things were better.
Are YOU doing anything to make it better? Please update your signature if you are a member of your state chapter.
Are YOU doing anything to make it better? Please update your signature if you are a member of your state chapter.
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smanikandan
04-25 06:33 PM
Great Job, IV !!! Contribution $100 thru Paypal.
Receipt Number: 3661-3435-0042-4542
Continue the good work !!! Thanks :D
Receipt Number: 3661-3435-0042-4542
Continue the good work !!! Thanks :D
more...
amitjoey
05-28 10:44 AM
Thank you VJP, Pandi, ramaonline, vineet for your contributions
Total $ 8,700
Total $ 8,700
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LOL123
06-27 12:12 PM
Did you atleast get the Biometrics appointment? Looks like the e-filing is taking more time.
Hi,
I e-filed my EAD renewal on May 9th...sent documents to TSC...there were couple of LUDs but not EAD yet.
Hi,
I e-filed my EAD renewal on May 9th...sent documents to TSC...there were couple of LUDs but not EAD yet.
more...
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somegchuh
07-18 12:09 PM
bestia,
My point is enjoy your dinner, yes you can't worry about every hungry man but don't tell the hungry to enjoy the hunger! If we can't help them let's not rub it in their face. That's all I am saying. Anyway, my comment wasn't meant for you. You have shown understanding. I did see a few ppl earlier who literally asked ppl to "shut up and enjoy the ride". That really pi*** me off.
Come on, man. We are paying too much attention here. Look, there is always somebody stuck somewhere. People are stuck in BEC, in other contries. People are stuck in Afganistan, Bangalore, there are hungry people stuck in Africa. So? If there are hungry people, then I can't enjoy my dinner then? Someone always has to come and say "you enjoy and there are people stuck somewhere"? What's your reaction would be if someone come on your wedding and start complaining that he is impotent? - these are a little extreme examples, just to make a point.
Bigtime008,
Its really your judgement call if you believe whether IV is an organization that is helping BEC victims. I think the focus of this organization is retrogression relief. Nothing wrong or right about it.
IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.
My point is enjoy your dinner, yes you can't worry about every hungry man but don't tell the hungry to enjoy the hunger! If we can't help them let's not rub it in their face. That's all I am saying. Anyway, my comment wasn't meant for you. You have shown understanding. I did see a few ppl earlier who literally asked ppl to "shut up and enjoy the ride". That really pi*** me off.
Come on, man. We are paying too much attention here. Look, there is always somebody stuck somewhere. People are stuck in BEC, in other contries. People are stuck in Afganistan, Bangalore, there are hungry people stuck in Africa. So? If there are hungry people, then I can't enjoy my dinner then? Someone always has to come and say "you enjoy and there are people stuck somewhere"? What's your reaction would be if someone come on your wedding and start complaining that he is impotent? - these are a little extreme examples, just to make a point.
Bigtime008,
Its really your judgement call if you believe whether IV is an organization that is helping BEC victims. I think the focus of this organization is retrogression relief. Nothing wrong or right about it.
IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.
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wa_Saiprasad
07-17 11:09 AM
My company�s law firm is ReinhartLaw.com. I would any day say they are REALLY REALLY GOOD. In depth knowledge and vast experience in immigration law. They are very patient and listen to all your questions and give you a very meaningful and elaborative answer. They are quick in responding to your questions and very supportive.
I am VERY HAPPY that my company chose them. I cannot ask for anything better.
I am VERY HAPPY that my company chose them. I cannot ask for anything better.
more...
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gapala
03-20 11:44 PM
As so many members have posted there is no such thing as H1 transfer. If OP continued to work for employer# 2 without joining employer X that is fine as long as OP's employer 2 did not revoke the H1 petition. So OP should be fine , all he has to do is point that he did not accept employer X offer and decided to continue with current employer (i.e. #2) and his work with employer 2 was authorized based on the continued validity of h1 petition of employer 2. Now I saw that OP mentioned somewhere that he used EAD when his H1 with employer 2 expired. This could be a potential reason for the RFE. Here's my take on it:
When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.
In any case the OP should get a good lawyer.
This exactly is my point "unauthorized work" part of the game.
When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.
In any case the OP should get a good lawyer.
This exactly is my point "unauthorized work" part of the game.
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rajsand
09-20 11:33 AM
Another rally simultaneously in many states will have good effect provided we have min 500 numbers in individual states.
And yes since we had the DC rally on a weekday (for a geniune reason)
it would be better to make this one a weekend rally just to push things and keep the momentum going. Sure a weekend will fetch 10* more crowd than on a weekday. Sunday would be much preferred as the next day is a working day and things will hot up..!
It can be one rally per neighbouring states.. eg > tristates -- NJ, NY & PA can have one rally . MD , DC & VA can have one ..
Seems like a good thought..
And yes since we had the DC rally on a weekday (for a geniune reason)
it would be better to make this one a weekend rally just to push things and keep the momentum going. Sure a weekend will fetch 10* more crowd than on a weekday. Sunday would be much preferred as the next day is a working day and things will hot up..!
It can be one rally per neighbouring states.. eg > tristates -- NJ, NY & PA can have one rally . MD , DC & VA can have one ..
Seems like a good thought..
more...
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walking_dude
10-19 01:43 PM
I will PM you. ( updated: PMed you)
WD... please let me know if you got a chance to discuss a non profit situation to the recreation center? maybe we can get a room big enough for 20-25 people.... if not, fine.... we can use the chairs and tables for now... there is plenty of those for community meetings...
WD... please let me know if you got a chance to discuss a non profit situation to the recreation center? maybe we can get a room big enough for 20-25 people.... if not, fine.... we can use the chairs and tables for now... there is plenty of those for community meetings...
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rockstart
07-18 06:49 PM
All I want to know is even today EB1 2008 gets his GC before 2001 EB3 and that is fair to everybody. But the minute EB2 got preference things have become unfair how is that?
There were simply two barriers put by CIS for EB GC one is EB Category (horizontal bar) and Country of birth (vertical bar) Now country of birth is something not in your hands where as EB category is something that you can change (acheive) its in your hands. Come one all of us if we study hard can qualify for EB1 but because of various reasons or circumstances we chose to be in EB2 or EB3 (people who crib about employers or any other reason know in their hearts that i they wanted to change they could have simply they decided to remain happy in what they got)
So instead of asking to mountain to come to mohammed people should take this news positively and see how they can benefit from it. The spill going to Eb3 ROW was not helping any one since there is no way one can change country of birth
Starving any particular queue badly does not help the throughput of any system .
I hope DOS will realise this and change their algorithm accordingly.
Each countries quota is equally divided among all EB categories, IMO, The spill overs also should be equally divided among all the EB categories.
There were simply two barriers put by CIS for EB GC one is EB Category (horizontal bar) and Country of birth (vertical bar) Now country of birth is something not in your hands where as EB category is something that you can change (acheive) its in your hands. Come one all of us if we study hard can qualify for EB1 but because of various reasons or circumstances we chose to be in EB2 or EB3 (people who crib about employers or any other reason know in their hearts that i they wanted to change they could have simply they decided to remain happy in what they got)
So instead of asking to mountain to come to mohammed people should take this news positively and see how they can benefit from it. The spill going to Eb3 ROW was not helping any one since there is no way one can change country of birth
Starving any particular queue badly does not help the throughput of any system .
I hope DOS will realise this and change their algorithm accordingly.
Each countries quota is equally divided among all EB categories, IMO, The spill overs also should be equally divided among all the EB categories.
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Libra
07-27 01:06 PM
indianabacklog, did you make your video and upload on you tube? you know about 2 action items posted by core right? you people are the right one who should stand first in the line to show our problems. I really appreciate if make a video along with your family.
Nice idea but does anyone honestly think the DOL cares. I am somewhat fortunate that my 2002 labor finally got approved in the middle of 2006. My son is not so lucky since he turned 21 while I was waiting. When my senators office took the matter of my son aging out up with the DOL I was told to put him on an F1 visa and send him to college so he can REMAIN (he wants to LIVE here, big difference) in the United States. These people do NOT care what they are doing to your lives. They do not care that my son has NO path to permanent residency any more and that I have to write the enormous check for his tuition twice each year so that I can still have him in the same country as me and his father. I feel awful for anyone still waiting for their labor certification but at least you will eventually get in line for your green card and will get ahead of those filing now with much later priority dates. You are indeed victims but I just wanted to point out that there are thousands of young adult children who have had their hopes for getting a green card totally shattered by this backlog center fiasco.
Nice idea but does anyone honestly think the DOL cares. I am somewhat fortunate that my 2002 labor finally got approved in the middle of 2006. My son is not so lucky since he turned 21 while I was waiting. When my senators office took the matter of my son aging out up with the DOL I was told to put him on an F1 visa and send him to college so he can REMAIN (he wants to LIVE here, big difference) in the United States. These people do NOT care what they are doing to your lives. They do not care that my son has NO path to permanent residency any more and that I have to write the enormous check for his tuition twice each year so that I can still have him in the same country as me and his father. I feel awful for anyone still waiting for their labor certification but at least you will eventually get in line for your green card and will get ahead of those filing now with much later priority dates. You are indeed victims but I just wanted to point out that there are thousands of young adult children who have had their hopes for getting a green card totally shattered by this backlog center fiasco.
sobers
06-30 01:33 PM
Ok the bill is on THOMAS.
Here's the link to the bill
http://thomas.loc.gov/cgi-bin/bdquery/D?d109:23:./temp/~bd2vNO::|/bss/d109query.html|
It's already been referred to the House Judiciary. Since it had to do with Competitiveness i'd rather much rather see it in the House Energy and Commerce or House Science Committee. Despite all their talk of 'welcoming legals, and pro-immigrant, anti-illegal immigrant" pronouncements, they haven't done much to help legals in the Judiciary Committee.
logiclife: thanks for setting up the webfax. Appreciate all the work you guys are doing.
Btw, in the senate skil bill (s 2691) i see a new co-sponsor added, TX Sen Hutchinson. Can you set up the Webfax in a way that we can email our Senators/Congressmen to request they co-sponsor their chamber's respective versions of this legislation? Thank1
Here's the link to the bill
http://thomas.loc.gov/cgi-bin/bdquery/D?d109:23:./temp/~bd2vNO::|/bss/d109query.html|
It's already been referred to the House Judiciary. Since it had to do with Competitiveness i'd rather much rather see it in the House Energy and Commerce or House Science Committee. Despite all their talk of 'welcoming legals, and pro-immigrant, anti-illegal immigrant" pronouncements, they haven't done much to help legals in the Judiciary Committee.
logiclife: thanks for setting up the webfax. Appreciate all the work you guys are doing.
Btw, in the senate skil bill (s 2691) i see a new co-sponsor added, TX Sen Hutchinson. Can you set up the Webfax in a way that we can email our Senators/Congressmen to request they co-sponsor their chamber's respective versions of this legislation? Thank1
chanduv23
09-25 12:59 PM
http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
"Professional Conduct for Immigration Practitioners -- Rules and Procedures"
On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).
The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.
This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.
GENERAL PROVISIONS
This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.
Agency Jurisdiction
Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).
Disciplinary Process
Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.
Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.
Hearing and Appeal
If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.
If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.
When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.
Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.
GROUNDS FOR IMPOSING SANCTIONS
Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:
Charging a grossly excessive fee;
Engaging in bribery or coercion;
Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
Engaging in contumelious or obnoxious conduct;
Has been convicted in any State or Federal court of a serious crime;
Falsely certifying a copy of a document as being true and complete;
Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
IMMEDIATE SUSPENSION
Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.
REINSTATEMENT
A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.
FORMS
There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:
EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.
EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.
Continued in next post
"Professional Conduct for Immigration Practitioners -- Rules and Procedures"
On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).
The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.
This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.
GENERAL PROVISIONS
This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.
Agency Jurisdiction
Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).
Disciplinary Process
Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.
Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.
Hearing and Appeal
If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.
If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.
When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.
Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.
GROUNDS FOR IMPOSING SANCTIONS
Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:
Charging a grossly excessive fee;
Engaging in bribery or coercion;
Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
Engaging in contumelious or obnoxious conduct;
Has been convicted in any State or Federal court of a serious crime;
Falsely certifying a copy of a document as being true and complete;
Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
IMMEDIATE SUSPENSION
Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.
REINSTATEMENT
A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.
FORMS
There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:
EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.
EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.
Continued in next post
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