nk2006
11-08 07:23 AM
That said, from what I have been reading on talk radio shows, people are disappointed in general with the GOP - even with the pro amnesty position adopted by Pres. Bush, McCain, Specter, etc - and therefore want to give them a bad time. I don't think that was an endorsement for amnesty at all.
The Ombudsman
So your analysis is: people are unhappy with GOP that �some� of them are in favor of immigration measures and punished them by giving control to a party where �most� of them are certain to support those same measures ????!!!???!!! Its most illogical and even comical analysis I ever heard.
Elections show that American people are much smarter than some politicians/talk show/TV show hosts hoped for. True, elections are fought on much stronger issues like war, economy etc and exit polls have shows that people are not too concerned about illegal immigration issue despite of coverage given by likes of Lou Dobbs. Also based on the fate of candidates who made the immigration their main plank, it can be argued that majority is actually in favor of such measures�..election results are a lot complicated to say anything like that�..but�.its a much more logical conclusion that what you were saying.
The Ombudsman
So your analysis is: people are unhappy with GOP that �some� of them are in favor of immigration measures and punished them by giving control to a party where �most� of them are certain to support those same measures ????!!!???!!! Its most illogical and even comical analysis I ever heard.
Elections show that American people are much smarter than some politicians/talk show/TV show hosts hoped for. True, elections are fought on much stronger issues like war, economy etc and exit polls have shows that people are not too concerned about illegal immigration issue despite of coverage given by likes of Lou Dobbs. Also based on the fate of candidates who made the immigration their main plank, it can be argued that majority is actually in favor of such measures�..election results are a lot complicated to say anything like that�..but�.its a much more logical conclusion that what you were saying.
wallpaper Wallpaper Short Hair.jpg
amitjoey
05-24 01:00 PM
Thank you cnag, sguntaka, sreenivaskk, sanjay, glen, nmdial, coolpal for your contributions
The total is $5250
The total is $5250
hebron
06-15 07:05 AM
I hate to say this and I hope I am wrong. All of us EB3 folks need to start speaking up or else our fate is sealed. I do not see any hopes of CIR passing. There is always going to be some political backlash due to the AMNESTY factor.
From what I have seen, most employers are now filing only in EB2 category. They know that filing in EB3 will see their applicants backlogged so severly that there is no hope in seeing their applications approved. So, even those with less than 5 years of experience create resumes that show 5 years to qualify for EB2. Imagine the flood of applicants in EB2 that will pour in when the dates move forward beyond July 2007. There will be a new backlog of EB2 numbers that we have to wait behind. When are we going to get our turn?
With nearly 10 years of experience and a master's degree, I am still languishing behind all these new comers who come here with fake experiences to qualify for EB2.
We EB3 folks need to speak up, and have the spill over given to the oldest filed applications IRRESPECTIVE of category. The spillover rules from what I know were defined at a later stage and not as per the original law. If we cannot get CIR passed nor a piecemeal regulation, at least let us get the spillover changed.
Or, let us en masse transfer to EB2 by porting, thereby making us all eligible for GC ahead of those that are coming in through the back door. I see them as no different from the undocumented immigrants. Breaking the ethical law at the expense of those of us who followed the law. Our positions did not require a Master's degree and I dont see why a programming position today still requires such. I also dont see why our experience today should not count towards qualifying for EB2.
I dont care what or how many reds the EB2 folks give, but the fact of the matter is that we EB3 must join hands.
Agree with you 100%. I have been waiting patiently all along hoping something good would happen for EB3. I am talking to my employer if they can port my case to EB2. I have a master's degree and about 13 years of experience (8 years in the current job). My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?
From what I have seen, most employers are now filing only in EB2 category. They know that filing in EB3 will see their applicants backlogged so severly that there is no hope in seeing their applications approved. So, even those with less than 5 years of experience create resumes that show 5 years to qualify for EB2. Imagine the flood of applicants in EB2 that will pour in when the dates move forward beyond July 2007. There will be a new backlog of EB2 numbers that we have to wait behind. When are we going to get our turn?
With nearly 10 years of experience and a master's degree, I am still languishing behind all these new comers who come here with fake experiences to qualify for EB2.
We EB3 folks need to speak up, and have the spill over given to the oldest filed applications IRRESPECTIVE of category. The spillover rules from what I know were defined at a later stage and not as per the original law. If we cannot get CIR passed nor a piecemeal regulation, at least let us get the spillover changed.
Or, let us en masse transfer to EB2 by porting, thereby making us all eligible for GC ahead of those that are coming in through the back door. I see them as no different from the undocumented immigrants. Breaking the ethical law at the expense of those of us who followed the law. Our positions did not require a Master's degree and I dont see why a programming position today still requires such. I also dont see why our experience today should not count towards qualifying for EB2.
I dont care what or how many reds the EB2 folks give, but the fact of the matter is that we EB3 must join hands.
Agree with you 100%. I have been waiting patiently all along hoping something good would happen for EB3. I am talking to my employer if they can port my case to EB2. I have a master's degree and about 13 years of experience (8 years in the current job). My only concern is if the new EB2 labor or I140 doesn't get approved for some reason, can I fall back to my current EB3 application. I don't want to jeopardize my current application just by deciding to port to EB2. Any suggestions?
2011 Bjork spiral hair wallpaper
somegchuh
07-18 01:41 AM
I don't know the history of BigTime007 postings. Maybe he has said some things in the past that lead to the ban but his most recent post which got him banned seemed just like venting and nothing more.
What I do find annoying though is when ppl whose PD's are in 2006-2007 tell ppl rotting in BEC to "enjoy the ride". I have seen a few threads in the past where someone stuck in BEC was just venting and then ppl come along and tell them to "be happy for others". I don't get it. How is a person who is stuck for years, sees ppl with later cases get interim benefits, supposed to feel happy knowing they will still be stuck. :confused:
I think all these poor souls are looking for is a few words of sympathy and company of ppl in similiar situation (not very different from ppl complaining about retrogression mind you). If we can not do anything to help ppl stuck in those blackhole let's not rub salt into their wounds.
Lastly, regardless of whether you are stuck in BEC or expect to be stuck in retrogression for the next few years, there is no reason to be uncivil.
What I do find annoying though is when ppl whose PD's are in 2006-2007 tell ppl rotting in BEC to "enjoy the ride". I have seen a few threads in the past where someone stuck in BEC was just venting and then ppl come along and tell them to "be happy for others". I don't get it. How is a person who is stuck for years, sees ppl with later cases get interim benefits, supposed to feel happy knowing they will still be stuck. :confused:
I think all these poor souls are looking for is a few words of sympathy and company of ppl in similiar situation (not very different from ppl complaining about retrogression mind you). If we can not do anything to help ppl stuck in those blackhole let's not rub salt into their wounds.
Lastly, regardless of whether you are stuck in BEC or expect to be stuck in retrogression for the next few years, there is no reason to be uncivil.
more...
Amma
12-10 03:13 PM
Friends,
I was one among the people not attented the Plano meeting.I had to attend a very important family meet on that day. But, I didn't inform Niloufer about this.I am Sorry,Niloufer.
I also spread the message of Plano meeting by pasting flyers in Irving India stores. I was ready to attend alongwith my family. But, for the last minute unavoidable family meet. I became helpless.
Today,I convinced my friend EJSR to contribute $100 towards Omnibus fund drive.
I am sorry.
Keep going IV
I was one among the people not attented the Plano meeting.I had to attend a very important family meet on that day. But, I didn't inform Niloufer about this.I am Sorry,Niloufer.
I also spread the message of Plano meeting by pasting flyers in Irving India stores. I was ready to attend alongwith my family. But, for the last minute unavoidable family meet. I became helpless.
Today,I convinced my friend EJSR to contribute $100 towards Omnibus fund drive.
I am sorry.
Keep going IV
qualified_trash
04-10 09:19 AM
I am both surprised and grateful to see the response. I am open for any positions which require expertise in programming, design, research and analysis in Securities industry. I have PM-ed most of the folks here who offered help.
Thanks.
sent you a PM. better to join a company that is in growth mode........ and I can help. send me a PM
Thanks.
sent you a PM. better to join a company that is in growth mode........ and I can help. send me a PM
more...
vbkris77
03-05 09:37 AM
What we get
1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.
2. From the wordings, I won't be suprized if they give a summarized number from 2001.
But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.
Here is what we don't get
1. Break up by country - Helps folks in EB3 as ROW is not current
2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage
3. Break-up by PD month& year
More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..
I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
--------------------------------------
February 24, 2009
NRC2008065126
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
- EB-2 China
- EB-2 India
- EB-3 China
- EB-3 India
- EB-3 Mexico
- EB-3 Philippines
- EB-3 Rest of the World
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.
In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.
In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
_____________
NRC2008065126
Page 2
E21 203(b)(2) PROF/EXCPTNL ABILITY
E22 SPOUSE OF ES1 OR E21
E23 CHILD OF ES1 OR E21
E26 203(b)(2) PROF/EXCPTNL ABILITY
E27 SPOUSE OF ES6
E28 CHILD OF ES6
E30 203(b)(3) CHILD OF E36, E37
E31 203(b)(3)(A)(i) SKILLED WORKER
E32 203(b)(3)(A)(ii) PROFESSIONAL
E34 203(b)(3)(A) SPOUSE OF E31, E32
E35 203(b)(3)(A) CHILD OF E31, E32
E36 203(b)(3)(A)(i) SKILLED WORKER
E37 203(b)(3)(A)(ii) PROFESSIONAL
E39 203(b)(3)(A) SPOUSE OF E36, E37
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Please define priority date.
You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.
If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.
Sincerely,
T. Diane Cejka
Director
___________________________
I will post a scan tomorrow
From what I understand, they aren't able to get the numbers by country of chargeablility.
Its funny they are asking me to define priority date ! :)
1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.
2. From the wordings, I won't be suprized if they give a summarized number from 2001.
But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.
Here is what we don't get
1. Break up by country - Helps folks in EB3 as ROW is not current
2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage
3. Break-up by PD month& year
More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..
I have received a response on my request last year to USCIS for information on number of AOS applications pending. Here it is:
--------------------------------------
February 24, 2009
NRC2008065126
We received your request for information relating to Adjustment of Status applications in the employment-based category. You have specifically requested the number of pending employment based AOS applications, (excluding approved, denied) filed with USCIS since 2001, for each of the following countries and categories:
- EB-2 China
- EB-2 India
- EB-3 China
- EB-3 India
- EB-3 Mexico
- EB-3 Philippines
- EB-3 Rest of the World
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C 552). It has been assigned the following control number: NRC2008065126. Please cite th is number in any further inquiry about this request.
In order to extract the information you have requested, a customized computer program will be required. You will be charged for the time it takes to write the program as well as the time involved in running the query to extract the date. You will not be charged for duplication, review and search time. We estimate the cost to be $5000.00. Due to the time and effort involved, you will be asked to sign an advance fee agreement before we proceed with your request. In addition, a deposit of $2500.00 payable by check or money order, must be paid within 30 days of the date of this notification. Please make your check payable to the United States Treasury, Failure to submit the $2500.00 deposit within the time frame given will result in your request being administratively closed.
In order to assure that we provide the information you seek in the format you have requested, we ask that you clarify the information sought. Employment based status is broken down into the following 14 categories.
_____________
NRC2008065126
Page 2
E21 203(b)(2) PROF/EXCPTNL ABILITY
E22 SPOUSE OF ES1 OR E21
E23 CHILD OF ES1 OR E21
E26 203(b)(2) PROF/EXCPTNL ABILITY
E27 SPOUSE OF ES6
E28 CHILD OF ES6
E30 203(b)(3) CHILD OF E36, E37
E31 203(b)(3)(A)(i) SKILLED WORKER
E32 203(b)(3)(A)(ii) PROFESSIONAL
E34 203(b)(3)(A) SPOUSE OF E31, E32
E35 203(b)(3)(A) CHILD OF E31, E32
E36 203(b)(3)(A)(i) SKILLED WORKER
E37 203(b)(3)(A)(ii) PROFESSIONAL
E39 203(b)(3)(A) SPOUSE OF E36, E37
Are you asking tha the information we provide be broken down into the categories listed above, or may we group all EB-2 categories and ass EB-3 categories together?
Please define priority date.
You have asked for information concerning the country of chargeability. This information is not assigned until the application is approved or denied. Since you have requested information on pending applications only, this information is not available.
If you have any questions concerning your pending FOIA/PA request, please address them to this office, Attention: FOIA/PA Officer, or call us at 816-350-5570, or fax any FOIA/PA related correspondence to 816-350-5785.
Sincerely,
T. Diane Cejka
Director
___________________________
I will post a scan tomorrow
From what I understand, they aren't able to get the numbers by country of chargeablility.
Its funny they are asking me to define priority date ! :)
2010 hair wallpaper for rolling
lalithkx
05-01 05:44 PM
$100.00
ID - 06X444536Y562853V
through Paypal
$20 every month for the last year
thanks
ID - 06X444536Y562853V
through Paypal
$20 every month for the last year
thanks
more...
vdlrao
12-31 07:13 PM
There is no minimum number of weekly hours for an H1B petition. There are some H1B workers who hold several part-time positions. This is common particularly in academic settings where individuals may teach part time, or where a single position may be funded by more than one source. (This requires multiple part-time H1Bs.) Thus, potentially it would be possible to obtain an approval of an H1B for just a few hours per week.
�MurthyDotCom
Since nothing in the regulations specifies an amount of time each week that an H1B worker must work to remain in status, it is possible to be in status as an H1B worker with a part-time job. There is no guidance on this matter as to any minimum hourly requirements. There is some old guidance on H1B workers attending school, which states that it is permissible, but that the H1B employment must be the primary purpose for being in the United States. This might be helpful by analogy, but even this guidance does not specify hours.
http://murthy.com/news/n_pth1re.html
�MurthyDotCom
Since nothing in the regulations specifies an amount of time each week that an H1B worker must work to remain in status, it is possible to be in status as an H1B worker with a part-time job. There is no guidance on this matter as to any minimum hourly requirements. There is some old guidance on H1B workers attending school, which states that it is permissible, but that the H1B employment must be the primary purpose for being in the United States. This might be helpful by analogy, but even this guidance does not specify hours.
http://murthy.com/news/n_pth1re.html
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smuggymba
05-18 09:22 AM
Reply from Sen. Lindsey Graham this jan -
Date Thu, Jan 28, 2010 at 10:02 PM
subject Re: Your Message
mailed-by lgraham.senate.gov
Thank you for taking the time to contact me. I appreciate the opportunity to hear from you.
Due to the large volume of mail I receive, I regret that I am only able to respond personally to inquiries from South Carolinians.
As we continue our work in the 111th Congress, I look forward to supporting our troops in the War on Terror, repairing our economy and creating jobs, strengthening Social Security, lowering the tax burden on American families, and making the federal government more accountable and efficient.
If your correspondence pertains to a scheduling request, please fax your request to (202) 224-3808.
Sincerely,
Lindsey Graham
Date Thu, Jan 28, 2010 at 10:02 PM
subject Re: Your Message
mailed-by lgraham.senate.gov
Thank you for taking the time to contact me. I appreciate the opportunity to hear from you.
Due to the large volume of mail I receive, I regret that I am only able to respond personally to inquiries from South Carolinians.
As we continue our work in the 111th Congress, I look forward to supporting our troops in the War on Terror, repairing our economy and creating jobs, strengthening Social Security, lowering the tax burden on American families, and making the federal government more accountable and efficient.
If your correspondence pertains to a scheduling request, please fax your request to (202) 224-3808.
Sincerely,
Lindsey Graham
more...
walking_dude
10-10 02:15 PM
I understand your friends marriage is important and you can't miss it at any cost.
I'm hoping that since you anyways plan to be in Troy that day, you can try to attend for 15 minutes-30 minutes and then leave for your friends ceremony. I don't think the meeting will be a whole day afair. It might last half an hour to an hour max. Please consider the possibility of partial attendance, if possible, while attending your friends marriage - as every extra member attending the meet is a moralebooster to the rest of us.
It would be great if we can have you there, even if it's just for a few minutes. (You can call one of us later for more details)
I am very sorry but I will not be able to make it on the 20th. I was informed by my Indian friend that he will get married on the same day at Troy too. Talking about coincidence. Anyway, I wish the Michigan Chapter meeting will be successful.
I'm hoping that since you anyways plan to be in Troy that day, you can try to attend for 15 minutes-30 minutes and then leave for your friends ceremony. I don't think the meeting will be a whole day afair. It might last half an hour to an hour max. Please consider the possibility of partial attendance, if possible, while attending your friends marriage - as every extra member attending the meet is a moralebooster to the rest of us.
It would be great if we can have you there, even if it's just for a few minutes. (You can call one of us later for more details)
I am very sorry but I will not be able to make it on the 20th. I was informed by my Indian friend that he will get married on the same day at Troy too. Talking about coincidence. Anyway, I wish the Michigan Chapter meeting will be successful.
hot hair desktop wallpaper
lonedesi
06-13 11:51 AM
A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.
more...
house rihanna red hair wallpaper.
delhiguy79
07-18 12:54 PM
They will definitely accept the copies of the check. The reason I applied my I-140 in May 07 and didn't got any receipt and I intend to file PPS for which I require copy of I-140 but when I talked to the customer service they suggested me this solution and after that I got my check photocopies from my employer
neeraj,
if the employer does not give u the check then we cant send check copies. :-(
neeraj,
if the employer does not give u the check then we cant send check copies. :-(
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rinkurazdan
05-31 10:44 AM
no news is good news until we see this beeing duiscusse don the floor of the senate...
so plese keep webfaxing, emailling, calling and contributing...
We need to keeep the momentum going.
so plese keep webfaxing, emailling, calling and contributing...
We need to keeep the momentum going.
more...
pictures Babel hair photo or wallpaper
qplearn
12-01 02:06 PM
its probably a better investment to get a Masters degree in your specific area than an MBA. Of course then you get pigeon holed in your specific area
I agree: the MBA gives you perspective on strategic management and is useful in every field. But if it is not from the very very best schools, I would go for an MS in your own field. An MS from Univ of Arizona is almost as good as an MS from Berkeley when it comes to propelling your career. But an MBA from Berkekely is a different story. Of course, it is very hard to get into those top schools.
I agree: the MBA gives you perspective on strategic management and is useful in every field. But if it is not from the very very best schools, I would go for an MS in your own field. An MS from Univ of Arizona is almost as good as an MS from Berkeley when it comes to propelling your career. But an MBA from Berkekely is a different story. Of course, it is very hard to get into those top schools.
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delhiguy79
07-23 06:06 PM
Just being paranoid, but is 797 the number for the "receipt notice" as well as notice of action? I know that when H1 or 140 is decided, the notice of action form is called 797. I know that the USCIS seems pretty clear in the FAQ, but just wanted to confirm that a receipt is also called 797
..
..
more...
makeup short hair wallpaper.
panky72
06-25 04:22 PM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
I guess we all have problems with USCIS, either with their inefficiency (eg. receipt delays during July Fiasco), or sometime with their super efficiency (EAD's getting approved too fast):D
I guess we all have problems with USCIS, either with their inefficiency (eg. receipt delays during July Fiasco), or sometime with their super efficiency (EAD's getting approved too fast):D
girlfriend Short Hair wallpaper :
baboo1976
07-21 03:35 PM
Risker,
I agree with you 100%
If we have filed our cases earlier - We have every right according to me to get our cases approved before others.. If they leave status current till everyone labors are approved (According to backlog center Sep 30 07) - That would resolve the issue/confusion.
If a clause exisits for us mentioning our 140/485 would be accepted next month would resolve the issue - any thoughts!!!
Regards
Baboo..
P.S: Others whose cases are current - I ' am happy for you too..
I agree with you 100%
If we have filed our cases earlier - We have every right according to me to get our cases approved before others.. If they leave status current till everyone labors are approved (According to backlog center Sep 30 07) - That would resolve the issue/confusion.
If a clause exisits for us mentioning our 140/485 would be accepted next month would resolve the issue - any thoughts!!!
Regards
Baboo..
P.S: Others whose cases are current - I ' am happy for you too..
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piyushvora
05-20 08:45 AM
Transaction ID: 9BK50167HC394604P
An email with your order summary has been sent to CCCCCCVVVVVV@yahoo.com
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966Go to PayPal Account Overview
An email with your order summary has been sent to CCCCCCVVVVVV@yahoo.com
Merchant Contact Information
Immigration Voice
donations@immigrationvoice.org
850-391-4966Go to PayPal Account Overview
guesswho
06-02 11:10 AM
>>>
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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