smisachu
05-30 10:51 PM
Sent a check for $50.
Wish I could attend and meet with the law makers but my in-Laws have decided to bless me with their presence.
Wish I could attend and meet with the law makers but my in-Laws have decided to bless me with their presence.
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BharatPremi
09-20 12:34 PM
Hello guys!
I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?
I think we need another rally before the end of the year. There are 2 reasons:
1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.
2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.
Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.
So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.
I would give some days to Attendees and particularly to IV core team to analyze the rally events, meetings in their entirty and come up with the conclusions mainly for 3 things. And I request everybody to funnel data to core team centrally and the same way conclusion and future action list funnelled to members.
- What we could REALLY achieve
- How loud we could be heard
- Any potential and positive impact in near future?
- Based on all of above making near future strategy
Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.
I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?
I think we need another rally before the end of the year. There are 2 reasons:
1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.
2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.
Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.
So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.
I would give some days to Attendees and particularly to IV core team to analyze the rally events, meetings in their entirty and come up with the conclusions mainly for 3 things. And I request everybody to funnel data to core team centrally and the same way conclusion and future action list funnelled to members.
- What we could REALLY achieve
- How loud we could be heard
- Any potential and positive impact in near future?
- Based on all of above making near future strategy
Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.
svam77
07-18 10:36 AM
I am in the same boat too. But I am not sure if we have a whole 1 month to file 485 based on July bulletin.
The press release by USCIS says that, whoever falls under July Bulletin have the whole 1 month to apply. But if we dont get receipts before July 30th, we may not fall under July bulletin and so we would not be able to apply.
From what I understood, if we get the receipt before jUly 30th,we are good, or else we have to find an alternative to apply before July 30.
The press release by USCIS says that, whoever falls under July Bulletin have the whole 1 month to apply. But if we dont get receipts before July 30th, we may not fall under July bulletin and so we would not be able to apply.
From what I understood, if we get the receipt before jUly 30th,we are good, or else we have to find an alternative to apply before July 30.
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tonyHK12
03-28 08:03 PM
I recommend you apologize to MC and don't make this a circus
.
And yes that was spouse not spouses (I am sorry about that spelling mistake) but you did post a message which was a . which was in relation to another members query about whether i am a man/women or something else. Now a . is called a Point which is also a degrotary reference to a person who is neither a man or a women. Now please do not deny it because there is no way you can fight that accusation off. I think if i dig deep down i wil come across other abuses made by you but i regress from the point
Most EB2's who are talking on this forum are idiotic, egostic and too much of themselves to think straight. Case in point Smugbee, SNathan and TonyHK. Since they don't have ead they want ead and thats all they care about. As long as they get to file 485 and get ead they dont care.
thats pretty ridiculous, why don't you prove it
.
And yes that was spouse not spouses (I am sorry about that spelling mistake) but you did post a message which was a . which was in relation to another members query about whether i am a man/women or something else. Now a . is called a Point which is also a degrotary reference to a person who is neither a man or a women. Now please do not deny it because there is no way you can fight that accusation off. I think if i dig deep down i wil come across other abuses made by you but i regress from the point
Most EB2's who are talking on this forum are idiotic, egostic and too much of themselves to think straight. Case in point Smugbee, SNathan and TonyHK. Since they don't have ead they want ead and thats all they care about. As long as they get to file 485 and get ead they dont care.
thats pretty ridiculous, why don't you prove it
more...
learning01
03-17 04:19 PM
Frist Pushes For Quick Vote On Immigration
Majority Leader Bypasses Committee
By Jonathan Weisman, Washington Post Staff Writer, Friday, March 17, 2006; A04
Frustrated by the Senate Judiciary Committee's slow progress on politically sensitive immigration legislation, Senate Majority Leader Bill Frist (R-Tenn.) introduced his own bill last night to secure the nation's borders and crack down on illegal immigration.
Frist's bill will go directly to the full Senate. But he said he will allow Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) to substitute a committee bill if Specter's panel could approve one March 27. Otherwise, the majority leader will stick to a strict, two-week schedule to finish work on what he conceded would be "as challenging a bill as any we'll have to address this year."
The majority leader's power move stunned committee Republicans and Democrats, who have been struggling for three weeks to reach agreement on a comprehensive immigration bill. Specter said he objected to the maneuver.
"It would be chaos on the floor to have this bill debated without the committee acting first," Specter said yesterday afternoon, only to grudgingly accept Frist's move in the evening.
Some Republican aides said they believed presidential politics were at work. Frist, a prospective candidate for 2008, left out of his bill the guest-worker program that President Bush has demanded and Sen. John McCain (R-Ariz.) -- a potential White House rival -- has championed. Such a program is unpopular with many conservative voters, who see it as amnesty for illegal immigrants. Many Republicans believe a new law to get tough on illegal immigrants is one of the few pieces of legislation that must be passed before the November elections if the GOP is to maintain the allegiance of conservative voters.
Frist said he was motivated by a belief that only prompt Senate action will allow Senate and House negotiators to reach a compromise on a final bill this year. The House passed in December a border security bill that did not include a guest-worker program.
Senators from both parties have come to near-agreement on provisions bolstering the U.S. border patrol, adding new technologies such as unmanned aerial vehicles and raising penalties on illegal immigrants and those who aid them. Sens. Edward M. Kennedy (D-Mass.) and John Cornyn (R-Tex.) neared agreement yesterday on a guest-worker program that could smooth the way to bipartisan passage of a Judiciary Committee bill when lawmakers return from a week-long break next week.
Under the deal, Kennedy would agree that illegal immigrants who qualify for a guest-worker visa would have to go to their home countries for a year before applying for a visa extension of three or four additional years. But, Senate aides said, that one-year return could be waived if guest workers' employers said their continued labor was necessary or if a guest worker could prove a consistent work history.
With Democrats, Bush and many Republicans favoring a guest-worker program, immigration advocates say no immigration bill can get out of the Senate without one. But House opponents say they have commitments from Republican leaders that no guest-worker program will be considered on the House floor this year.
� 2006 The Washington Post Company
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/16/AR2006031601919.html
Majority Leader Bypasses Committee
By Jonathan Weisman, Washington Post Staff Writer, Friday, March 17, 2006; A04
Frustrated by the Senate Judiciary Committee's slow progress on politically sensitive immigration legislation, Senate Majority Leader Bill Frist (R-Tenn.) introduced his own bill last night to secure the nation's borders and crack down on illegal immigration.
Frist's bill will go directly to the full Senate. But he said he will allow Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) to substitute a committee bill if Specter's panel could approve one March 27. Otherwise, the majority leader will stick to a strict, two-week schedule to finish work on what he conceded would be "as challenging a bill as any we'll have to address this year."
The majority leader's power move stunned committee Republicans and Democrats, who have been struggling for three weeks to reach agreement on a comprehensive immigration bill. Specter said he objected to the maneuver.
"It would be chaos on the floor to have this bill debated without the committee acting first," Specter said yesterday afternoon, only to grudgingly accept Frist's move in the evening.
Some Republican aides said they believed presidential politics were at work. Frist, a prospective candidate for 2008, left out of his bill the guest-worker program that President Bush has demanded and Sen. John McCain (R-Ariz.) -- a potential White House rival -- has championed. Such a program is unpopular with many conservative voters, who see it as amnesty for illegal immigrants. Many Republicans believe a new law to get tough on illegal immigrants is one of the few pieces of legislation that must be passed before the November elections if the GOP is to maintain the allegiance of conservative voters.
Frist said he was motivated by a belief that only prompt Senate action will allow Senate and House negotiators to reach a compromise on a final bill this year. The House passed in December a border security bill that did not include a guest-worker program.
Senators from both parties have come to near-agreement on provisions bolstering the U.S. border patrol, adding new technologies such as unmanned aerial vehicles and raising penalties on illegal immigrants and those who aid them. Sens. Edward M. Kennedy (D-Mass.) and John Cornyn (R-Tex.) neared agreement yesterday on a guest-worker program that could smooth the way to bipartisan passage of a Judiciary Committee bill when lawmakers return from a week-long break next week.
Under the deal, Kennedy would agree that illegal immigrants who qualify for a guest-worker visa would have to go to their home countries for a year before applying for a visa extension of three or four additional years. But, Senate aides said, that one-year return could be waived if guest workers' employers said their continued labor was necessary or if a guest worker could prove a consistent work history.
With Democrats, Bush and many Republicans favoring a guest-worker program, immigration advocates say no immigration bill can get out of the Senate without one. But House opponents say they have commitments from Republican leaders that no guest-worker program will be considered on the House floor this year.
� 2006 The Washington Post Company
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/16/AR2006031601919.html
vicks_don
06-26 10:29 AM
I applied end of March online at TSC. If they are approving within a month I would have got approval long back and not today. It is not coincidental they are approving so that they can give 1 year renewal.
more...
priderock
05-31 01:23 PM
No. What I am saying is that this is a good amendment that can help us. But if its introduced and voted upon, it will fail to pass in the Senate because this amendment has a H1B exemption and H1B quota increases are very very unpopular and controvertial since last few years.
Therefore the achilles heel (Weak portion that will cause failure) of this good amendment is the H1B quota trick attached at the end. The amendment may pass the senate with a majority vote if it doesnt have H1B quota exemptions in it.
logiclife , you may know more, being close to or part of the core group, about how these processes are going. But from my observation , I think these bills get passed or failed based on lobbying (apart from legislators political considerations) , even though those provisions may not be fair to all. consider why a sweeping change like amnesty(what ever you name it) to illegals is being voted in, while legals are made to stand in line forever.
I think it will have better chances if H1 provisions are included because of a broader industry lobbyists that support H1 program. They do not support GC backlog elimination as much as they love getting more H1s.
Who do you think will push for a bill that has only all good things for EB GC applications ? I am not questioning your reasoning, I just want to know :)
As some one put it, " But for the bad luck, we would not have a luck". This immigration issue is being discussed because of undocumented workers and their group's push.
Therefore the achilles heel (Weak portion that will cause failure) of this good amendment is the H1B quota trick attached at the end. The amendment may pass the senate with a majority vote if it doesnt have H1B quota exemptions in it.
logiclife , you may know more, being close to or part of the core group, about how these processes are going. But from my observation , I think these bills get passed or failed based on lobbying (apart from legislators political considerations) , even though those provisions may not be fair to all. consider why a sweeping change like amnesty(what ever you name it) to illegals is being voted in, while legals are made to stand in line forever.
I think it will have better chances if H1 provisions are included because of a broader industry lobbyists that support H1 program. They do not support GC backlog elimination as much as they love getting more H1s.
Who do you think will push for a bill that has only all good things for EB GC applications ? I am not questioning your reasoning, I just want to know :)
As some one put it, " But for the bad luck, we would not have a luck". This immigration issue is being discussed because of undocumented workers and their group's push.
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meridiani.planum
03-13 08:43 PM
Sorry , but I dont think that it is possible to do that ...
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
PD is not lost if you crossed I-140 stage (got an approval) on the older application.
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
PD is not lost if you crossed I-140 stage (got an approval) on the older application.
more...
gcharry
09-30 09:47 AM
Only Kanjusi people travel by AEROFLOT (Cheaper tickets).
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sledge_hammer
07-05 09:14 AM
Anyone here whose application reached USCIS on July 3rd?
more...
wellwishergc
03-19 11:27 PM
First of all, the interpretation of the new provisions itself is subjective. Different interpretations, corrections, amendments to interpretations, etc will lead to another mess, after the provisions pass into law. As you already know, IV volunteers are currently researching on the hard country allocation issue, which may arguably worsen the retrogression for Chinese/Indians.
Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.
Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.
I think, 485 filing ability is critical to the plight of EB3 applicants.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
Let us assume that we are still able to pass the final provisions including the provision for amended soft country allocation. Imagine the number of applications that will flood the USCIS if the priority dates are adjusted to allow for all the eligible applicants. Do you foresee another backlog formation similar to the backlog centers that were formed for reducing labor applications and the mess they are in, currently?. Please note that the staff for USCIS will not increase, atleast for the next 1 year, until they figure out the volume of applications created with the new law and identify the magnitude of the staff shortage.
Even though I do feel that the existing retrogression will ease, if the provisions under consideration are passed into law; however USCIS will still keep some form of retrogression to control the flow of applications, especially for the EB3 category. In such a scenario, it is preferable that the USCIS allows the 485 filing and provides the EAD. EB3 applicants will be better off knowing that their 485s/EADs are in process/available, while waiting for the GC. So, even if the Eb3 applicant has to wait for 2-3 years (instead of the current 5 years) to get his final GC, he is atleast not dependent on his current employer.
I think, 485 filing ability is critical to the plight of EB3 applicants.
I don't believe you are right. Cut-off dates are not established based on the USCIS workload and its staffing, but rather on the predicted balance between demand for and supply of GCs. Therefore if worst comes to worst we will see a backlog at the USCIS level again, ie their processing time will go way beyond today's 6 months. BUt if the DOS believes that they have enough GC available to meet the demand in each and every particular quarter they will adjust cut-off dates accordingly.
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delhiguy79
07-23 03:23 PM
Latest FAQ from uscis says we can file I-485 without I-140 recipt notice
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
wonderful link ....atleast some confirmation...
hope we get our receipt notices before Aug 1st...so that we can file without tension...
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q19: What procedures should be followed when filing an I-485 application based on a pending I-140, when the petitioner has not received a copy of the I-140 receipt notice?
A19. Applicants filing a Form I-485 that does not contain a copy of an I-797 receipt notice for a previously filed Form I-140 are advised to put a brightly colored sheet of paper on top of the filing with the following notice and information: TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
wonderful link ....atleast some confirmation...
hope we get our receipt notices before Aug 1st...so that we can file without tension...
more...
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rockstart
06-26 08:54 AM
AILA does not care about people its an organization to take care of lawyer's interest. When you file every year the lawyer can make money every year. So be rest assured they will make some noises but will not bite USCIS.
i am pretty sure, there wont be any fee for next 1 year, for the guys who got 1yr EAD. but, third year u pay again $340 for 2 more years. bottomline,$340 is for 2 years of EAD. otherwise there will another law suit from AILA.
i am pretty sure, there wont be any fee for next 1 year, for the guys who got 1yr EAD. but, third year u pay again $340 for 2 more years. bottomline,$340 is for 2 years of EAD. otherwise there will another law suit from AILA.
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ramus
06-13 08:24 PM
We have more then 1000 members online..
Should we start our fund drive..
Just kidding but won't hurt to do it though as everybody is so happy..
for your contribution:)
Should we start our fund drive..
Just kidding but won't hurt to do it though as everybody is so happy..
for your contribution:)
more...
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dba9ioracle
06-26 09:57 AM
You should be very happy that it was approved quickly. I did not get my EAD which was applied in July 2007 and it is been more than 320 days...
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Macaca
09-22 09:22 AM
Everyone has his burden.
What counts is
how you carry it
Merle Miller
What counts is
how you carry it
Merle Miller
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kshitijnt
04-25 08:35 PM
Contributed $100. Intent to contribute more in July.
Total contribution so far: $500
Receipt ID: 4YY34503LS540804N
Total contribution so far: $500
Receipt ID: 4YY34503LS540804N
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Hermione
09-19 06:33 PM
Good post. Politics is a game of give and take. One thing legal immigrants should learn is not to distance themseves too much from the cause of illegals. If we support DREAM act, they will support SKIL bill. If we support admission bar repealed or 245(i), they will support higher numeric quotes and not counting of dependents. Think about it, our common goal is the same - to have a fair immigration system, where every desrving person has a chance to come to this country legally and with dignity.
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irma05
02-26 04:09 PM
Hi !!
3 more letters to Bush & IV;)
3 more letters to Bush & IV;)
chanduv23
09-25 12:59 PM
Continued from previous post
EOIR-44 �Immigration Practitioner Complaint Form� � Individuals who seek to file a disciplinary complaint against an immigration practitioner who practices before EOIR and/or DHS may file a Form EOIR-44. The form assists the investigating counsel in EOIR or DHS in determining on a preliminarily basis what action, if any, should be taken based upon the allegations raised in the complaint, including whether to conduct a preliminary inquiry, request additional information from the complainant, and/or refer the complaint to a State bar disciplinary authority.
In addition, the form provides complete filing instructions (on the back) and information on confidentiality, disciplinary complaint procedures, and formal disciplinary proceedings.
It is important to note that a Form EOIR-44 is not required in order to file a complaint. Individuals may write and submit their own complaint statement or letter according to the instructions in the �Questions and Answers� section below.
EOIR-45, �Immigration Practitioner Appeal Form from an Adverse Decision of an Adjudicating Official in Practitioner Discipline Case� � Immigration practitioners must use Form EOIR-45 to appeal to the BIA an adverse decision of an Adjudicating Official regarding a disciplinary proceeding. The form provides filing instructions and information regarding:
Right to representation by an attorney or representative (at no expense to the Government),
Submission of briefs and service on the opposing party (including addresses of service),
The BIA�s summary dismissal grounds,
Oral arguments and how they may be requested, and
Required notification of change-of-address.
All four forms are available at all Immigration Court locations, the BIA, and DHS offices, at no cost. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.
Any person may file duplicates of the forms, provided that any such duplication must conform exactly to font size and type of the Government-issue original and be printed on standard 8� x 11-inch bond paper.
* * * * *
QUESTIONS AND ANSWERS
For Complainants:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Q. Where do I send a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before EOIR (the Immigration Courts or the BIA), send your Form EOIR-44 or your own complaint statement or letter to:
Executive Office for Immigration Review
Office of the General Counsel
ATTN: Bar Counsel
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
If the complaint concerns the conduct of an attorney or representative in a matter before DHS, send your Form EOIR-44 or your own complaint statement or letter to:
U.S. Citizenship and Immigration Services
70 Kimball Avenue, Room #103
Burlington, VT 05403
Q.Where can I get the EOIR-44 complaint form?
A. You may obtain an EOIR-44 complaint form from any Immigration Court, the BIA, and DHS offices. In addition, the form may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.
Q. After I file a complaint, what will happen next?
A. Your complaint will be reviewed by the investigating office to determine whether it warrants further investigation, and, if so, an investigation will be conducted. If, after completing the investigation, the investigating office determines that a violation of the Rules of Professional Conduct for Practitioners has occurred, a Notice of Intent to Discipline will be issued and then sent to the attorney or representative, including a recommendation that discipline be imposed.
Q. Will I have to testify against my attorney or representative?
A. You may be called to testify if a hearing is held. Your testimony may be important in determining whether your attorney or representative violated the Rules of Professional Conduct for Practitioners.
Q. Can you get my money back for me and find another attorney to represent me?
A. EOIR cannot:
Require your attorney to give you your money back,
Force your attorney to act for you or tell your attorney how to proceed with your case,
Give you legal advice about your case or otherwise represent you, or
Recommend a particular attorney or law firm who might help you.
EOIR can give you a list of free legal service providers located in your area. The �Free Legal Service Providers� list is posted by State on the EOIR Internet Web site at http://www.usdoj.gov/eoir/probono/states.htm.
For Practitioners:
Q. What if one of my clients files a frivolous complaint against me?
A. Every complaint will be investigated thoroughly. If the investigation concludes that no violation of the Rules of Professional Conduct for Practitioners has occurred, the matter will be closed. Except under limited circumstances, complaints are kept confidential.
Q. Am I entitled to be represented by counsel in a disciplinary proceeding?
A. You are entitled to be represented by counsel at no expense to the Government, or, if you so choose, you may represent yourself.
Q. Where do I get the notice of appearance forms (EOIR-27 and EOIR-28), the complaint form (EOIR-44), and the appeal form (EOIR-45) for a practitioner discipline case?
A.These forms can be obtained from any Immigration Court, the BIA, and DHS offices. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.
EOIR-44 �Immigration Practitioner Complaint Form� � Individuals who seek to file a disciplinary complaint against an immigration practitioner who practices before EOIR and/or DHS may file a Form EOIR-44. The form assists the investigating counsel in EOIR or DHS in determining on a preliminarily basis what action, if any, should be taken based upon the allegations raised in the complaint, including whether to conduct a preliminary inquiry, request additional information from the complainant, and/or refer the complaint to a State bar disciplinary authority.
In addition, the form provides complete filing instructions (on the back) and information on confidentiality, disciplinary complaint procedures, and formal disciplinary proceedings.
It is important to note that a Form EOIR-44 is not required in order to file a complaint. Individuals may write and submit their own complaint statement or letter according to the instructions in the �Questions and Answers� section below.
EOIR-45, �Immigration Practitioner Appeal Form from an Adverse Decision of an Adjudicating Official in Practitioner Discipline Case� � Immigration practitioners must use Form EOIR-45 to appeal to the BIA an adverse decision of an Adjudicating Official regarding a disciplinary proceeding. The form provides filing instructions and information regarding:
Right to representation by an attorney or representative (at no expense to the Government),
Submission of briefs and service on the opposing party (including addresses of service),
The BIA�s summary dismissal grounds,
Oral arguments and how they may be requested, and
Required notification of change-of-address.
All four forms are available at all Immigration Court locations, the BIA, and DHS offices, at no cost. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.
Any person may file duplicates of the forms, provided that any such duplication must conform exactly to font size and type of the Government-issue original and be printed on standard 8� x 11-inch bond paper.
* * * * *
QUESTIONS AND ANSWERS
For Complainants:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Q. Where do I send a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before EOIR (the Immigration Courts or the BIA), send your Form EOIR-44 or your own complaint statement or letter to:
Executive Office for Immigration Review
Office of the General Counsel
ATTN: Bar Counsel
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
If the complaint concerns the conduct of an attorney or representative in a matter before DHS, send your Form EOIR-44 or your own complaint statement or letter to:
U.S. Citizenship and Immigration Services
70 Kimball Avenue, Room #103
Burlington, VT 05403
Q.Where can I get the EOIR-44 complaint form?
A. You may obtain an EOIR-44 complaint form from any Immigration Court, the BIA, and DHS offices. In addition, the form may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.
Q. After I file a complaint, what will happen next?
A. Your complaint will be reviewed by the investigating office to determine whether it warrants further investigation, and, if so, an investigation will be conducted. If, after completing the investigation, the investigating office determines that a violation of the Rules of Professional Conduct for Practitioners has occurred, a Notice of Intent to Discipline will be issued and then sent to the attorney or representative, including a recommendation that discipline be imposed.
Q. Will I have to testify against my attorney or representative?
A. You may be called to testify if a hearing is held. Your testimony may be important in determining whether your attorney or representative violated the Rules of Professional Conduct for Practitioners.
Q. Can you get my money back for me and find another attorney to represent me?
A. EOIR cannot:
Require your attorney to give you your money back,
Force your attorney to act for you or tell your attorney how to proceed with your case,
Give you legal advice about your case or otherwise represent you, or
Recommend a particular attorney or law firm who might help you.
EOIR can give you a list of free legal service providers located in your area. The �Free Legal Service Providers� list is posted by State on the EOIR Internet Web site at http://www.usdoj.gov/eoir/probono/states.htm.
For Practitioners:
Q. What if one of my clients files a frivolous complaint against me?
A. Every complaint will be investigated thoroughly. If the investigation concludes that no violation of the Rules of Professional Conduct for Practitioners has occurred, the matter will be closed. Except under limited circumstances, complaints are kept confidential.
Q. Am I entitled to be represented by counsel in a disciplinary proceeding?
A. You are entitled to be represented by counsel at no expense to the Government, or, if you so choose, you may represent yourself.
Q. Where do I get the notice of appearance forms (EOIR-27 and EOIR-28), the complaint form (EOIR-44), and the appeal form (EOIR-45) for a practitioner discipline case?
A.These forms can be obtained from any Immigration Court, the BIA, and DHS offices. In addition, the forms may be downloaded from the Internet. EOIR forms can be accessed on the EOIR Web site at http://www.usdoj.gov/eoir/formslist.htm.
Alien
02-09 10:28 PM
Shouldnt this be promoted as an IV action item?Can we setup a webfax?
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