rb_248
07-07 10:36 AM
As I promised earlier I would keep you guys updated on the process of this case.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
Congrats......this truly is your 4th of July.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
Congrats......this truly is your 4th of July.
wallpaper Tags: elites, funny halo
ekkatip
03-14 02:32 PM
My experince in porting EB3 to EB2.
One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
Meanwhile he got promotion in same company. So he applied for EB2 labor.
(If 50% of job duties change you can claim experience gained in that company.)
He applied another labor in Eb2.
Eb2 labor cleared from same company.
I-140 cleared (ported old priority date.)
Applied I-485 in early 2007.
He got GC by end of 2007.
My case was also similar.
My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
Labor and I-140 cleared in 2006.
Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
My Eb2 labor approved in 2007 (perm)
I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.
My attorney requested USCIS to port PD but no luck till now.
I spent 7000$ for this.
Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.
One of my friend labor was applied in Eb3 since he was not eligible for eb2 in 2002. His labor and I-140 was cleared in 2006 and waiting to apply I-485.
Meanwhile he got promotion in same company. So he applied for EB2 labor.
(If 50% of job duties change you can claim experience gained in that company.)
He applied another labor in Eb2.
Eb2 labor cleared from same company.
I-140 cleared (ported old priority date.)
Applied I-485 in early 2007.
He got GC by end of 2007.
My case was also similar.
My labor was applied in 2002 in Eb3 since i was not eligible for eb2 in 2002.
Labor and I-140 cleared in 2006.
Got promotion in same company. I asked my company to apply labor in EB2 and port PD. They agreed to pay potion of the cost.
My Eb2 labor approved in 2007 (perm)
I-140 approved but Texas service enter screwed my case they did not ported by old priority date. I-140 approved with PD date 2007.
My attorney requested USCIS to port PD but no luck till now.
I spent 7000$ for this.
Bottom line is Porting of PD from Eb3 to Eb2 worked for some people only.
eager_immi
02-12 10:03 AM
can you please post the article?
Thanks
Based on last week's BusinessWeek article, I have a feeling that we will see an effort to restrict initial H1B applications in some way. That would be a good opportunity to push for allowing naturalization applications for people who have been on work visas for a long time (say 8-10 yrs?). Fighting for citizenship would have a stronger emotional dimension and may connect better with the American public. A direct filing for citizenship will work around retrogression by providing an avenue for people to move out of the GC queue.
Thanks
Based on last week's BusinessWeek article, I have a feeling that we will see an effort to restrict initial H1B applications in some way. That would be a good opportunity to push for allowing naturalization applications for people who have been on work visas for a long time (say 8-10 yrs?). Fighting for citizenship would have a stronger emotional dimension and may connect better with the American public. A direct filing for citizenship will work around retrogression by providing an avenue for people to move out of the GC queue.
2011 fun halo 3 funny eastern
vin13
02-26 11:04 AM
My Mother in law is severely sick, and my wife needs to travel asap. We need to get her AP, as it's expired.
1. Is there an urgent processing option for the AP? And how ?
2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?
Thanks,
Just go to the USCIS office even if you do not get an infopass. Go with I-485 receipt, 2 passport size photos. If you go first thing in the morning, you might be able to get the AP issued to you the same day. MAKE SURE YOU TAKE A LETTER FROM THE HOSPITAL/DOCTOR STATING HER CONDITION. It can be a faxed copy.
1. Is there an urgent processing option for the AP? And how ?
2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?
Thanks,
Just go to the USCIS office even if you do not get an infopass. Go with I-485 receipt, 2 passport size photos. If you go first thing in the morning, you might be able to get the AP issued to you the same day. MAKE SURE YOU TAKE A LETTER FROM THE HOSPITAL/DOCTOR STATING HER CONDITION. It can be a faxed copy.
more...
franklin
09-07 02:19 AM
Got IV tshirt?
Check!
Got plane ticket?
Check!
Got hotel?
Check!
Got motivation?
Check!
Got the will to make a change?
Check!
Got greencard?
...
Check!
Got plane ticket?
Check!
Got hotel?
Check!
Got motivation?
Check!
Got the will to make a change?
Check!
Got greencard?
...
newuser
07-11 11:23 PM
You do not have to pay fees, if you had filed your I-485 with the new fees. If you 485 was filed based on July 07 VB or earlier, then you still have to pay fees. The July fiasco as we all know, there are a extension till Aug 17 to file I-485 with the old fees, these applicants still have to pay fees for AP renewal even if filed between Aug 1 through 17
If you have filed your 485 based on the July '07 fiasco, then you still need to pay $305.
If you have filed your 485 based on the July '07 fiasco, then you still need to pay $305.
more...
chi_shark
06-10 02:46 PM
question to experts. will they send RFE's if they have already sent one and have pre-adjudicated? I hope not...
2010 Funny Halo 3 Dance
newgcor
07-19 12:15 PM
My employer filed my I140 on June 20th 2007. But they have not received the receipt notivce till date. it has been more than 4 weeks.
What should I do to get the receipt notice from USCIS?. Can we file 485 with a covering letter ststing my 140 receipt notice has not been received for more than 4 or 5 weeks.. Please help me..
What should I do to get the receipt notice from USCIS?. Can we file 485 with a covering letter ststing my 140 receipt notice has not been received for more than 4 or 5 weeks.. Please help me..
more...
easygoer
07-15 06:04 PM
Gurus,
Based on above calculations, up which month of PD will be covered at the end of Sep'08 for applications selection purpose? Will they cover all the applications having PD up to June'06?
Based on above calculations, up which month of PD will be covered at the end of Sep'08 for applications selection purpose? Will they cover all the applications having PD up to June'06?
hair funny Halo Reach map
alex99
07-20 10:33 AM
Hi Gurus,
Right now I am working for Company A and VISA with company A is valid till September 30 2007. Company B applied for Regular H1-B transfer (Receipt Date May 12) and it is still under process. I will be joining Company B on 1st October 2007.
Now due to some emergency I am traveling to India on 11August, 2007 and will come back on 11 Th September 2007. Also I can�t go for VISA stamping in India for Company B as I have not got my H1 Approval yet.
Given the above scenario, will I have any problem at the port of entry as my H1b transfer from company B has not been approved yet?
What all documents I have to carry to reenter safely?
Thanks in advance,
Ashok
Right now I am working for Company A and VISA with company A is valid till September 30 2007. Company B applied for Regular H1-B transfer (Receipt Date May 12) and it is still under process. I will be joining Company B on 1st October 2007.
Now due to some emergency I am traveling to India on 11August, 2007 and will come back on 11 Th September 2007. Also I can�t go for VISA stamping in India for Company B as I have not got my H1 Approval yet.
Given the above scenario, will I have any problem at the port of entry as my H1b transfer from company B has not been approved yet?
What all documents I have to carry to reenter safely?
Thanks in advance,
Ashok
more...
tikka
06-13 08:23 PM
Order Details - Jun 13, 2007 5:39 PM PDT
Google Order #920448462249067
for your contribution:)
Google Order #920448462249067
for your contribution:)
hot Funny Halo Deaths
eb3retro
06-23 05:27 PM
just called, and the lady bet with me as to what bills do I want the Rep to support and named all the 3 bills...way to go..
more...
house Weak Volume 36 (Funny Halo
risker
07-20 04:36 PM
Your concern is 100% justified, but BEC has vowed to clear all backlog by Sep '07.
When the dates move forward in Oct '07, you will have advantage with your PD.
Please read some thoughts at:
http://immigrationvoice.org/forum/showthread.php?t=10774
My best advice would be "be prepared" and good luck :)
Thanks for your feedback. But processing a '05 labor cert before a '03 labor cert is injustice at the most ugliest form. No where, I mean no where in the world are people going to accept someone who came later in the queue to be allowed to have service before people who have been waiting for years together in the queue. Why would anyone do that and how is that justified? It is a mental worry and stress for the affected folks right now because we are still waiting with uncertainty. Why should we? Why????
So whatever happens in the future isn't the concern. There are no guarantees offered as you know with these processes. If it happens it happens and we will take it at that time.
The point is to bring to the attention of the proper authorities this injustice in the system and to make sure that we are guaranteed some form of relief/concessions. As you know the filing fees are going to increase and again there are no other guarantees.
When the dates move forward in Oct '07, you will have advantage with your PD.
Please read some thoughts at:
http://immigrationvoice.org/forum/showthread.php?t=10774
My best advice would be "be prepared" and good luck :)
Thanks for your feedback. But processing a '05 labor cert before a '03 labor cert is injustice at the most ugliest form. No where, I mean no where in the world are people going to accept someone who came later in the queue to be allowed to have service before people who have been waiting for years together in the queue. Why would anyone do that and how is that justified? It is a mental worry and stress for the affected folks right now because we are still waiting with uncertainty. Why should we? Why????
So whatever happens in the future isn't the concern. There are no guarantees offered as you know with these processes. If it happens it happens and we will take it at that time.
The point is to bring to the attention of the proper authorities this injustice in the system and to make sure that we are guaranteed some form of relief/concessions. As you know the filing fees are going to increase and again there are no other guarantees.
tattoo funny halo games
arrarrgee
07-18 01:15 PM
Its just the Battle that has been won guys.,...the War is still on.. Its just the beginning ..everyone has just started taking us seriously...We gotta trust IV and support them (Ourselves) in every step...
more...
pictures Funny Halo 3 Productions
Dakota Newfie
02-13 09:33 AM
Schedule A is basically limited to nurses and physiotherapists - I have not heard of any others being included. Radiology professions (MRI, CT techs, etc.) are in high demand but are not include, though i don't know why?
dresses Funny Halo 3 Videos.
laborchic
05-17 12:10 PM
finished sending message.. that was easy....
more...
makeup Funny Halo 3 comic by ~Xazk15
BharatPremi
03-14 01:46 PM
There is a largish I140 backlog today.
There you go. Fantastic factor. People rotting in I140 would indirectly helping to I-140 approved ones.Technically say for an example 40000 EB3-I are stuck in I-140.. they will simply be not considered in 485 queue so USCIS will not see them in "Demand Queue" and that also pushes USCIS to forward dates. Now I-140 stuck , though his date date is current can't do anything except getting frustration.
There you go. Fantastic factor. People rotting in I140 would indirectly helping to I-140 approved ones.Technically say for an example 40000 EB3-I are stuck in I-140.. they will simply be not considered in 485 queue so USCIS will not see them in "Demand Queue" and that also pushes USCIS to forward dates. Now I-140 stuck , though his date date is current can't do anything except getting frustration.
girlfriend Funny Halo Screen Shots 5
indio0617
05-09 12:30 PM
whattodo
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
1. What happens when changing employers when I-140 and I-485 pending for less than 180 days?
The key criteria here is an approved I-140 + I-485 pending for more than 180 days. My understanding is that if you do not satisfy both clauses, you will have to re-start the process again when you change employers
hairstyles (Funny Halo Screw Ups and
GC20??
06-10 03:12 PM
More good news...
F. VISA AVAILABILITY IN THE EMPLOYMENT-BASED CATEGORIES
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment First: Current
Employment Second:
China and India: March or April 2006
Employment Third:
Worldwide: June through September 2004
China: October through December 2003
India: February 2002
Mexico: Unavailable
Philippines: June through September 2004
Employment Fourth:
Worldwide: It may be necessary to establish a cut-off date for September.
Employment Fifth: Current
F. VISA AVAILABILITY IN THE EMPLOYMENT-BASED CATEGORIES
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment First: Current
Employment Second:
China and India: March or April 2006
Employment Third:
Worldwide: June through September 2004
China: October through December 2003
India: February 2002
Mexico: Unavailable
Philippines: June through September 2004
Employment Fourth:
Worldwide: It may be necessary to establish a cut-off date for September.
Employment Fifth: Current
chantu
06-28 06:45 PM
Do you have I-485 pending? If yes, I94# is not significant. If you don't give A#, USCIS will issue RFE or fix themselves looking into database - which my delay processing.
I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.
Thanks.
Also should I attach my photocopy my OPT card also or just current EAD card is sufficient?
I94# is used only when A# is not available, e.g. students applying for OPT based EAD for first time.
Thanks.
Also should I attach my photocopy my OPT card also or just current EAD card is sufficient?
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
No comments:
Post a Comment