Home - AILA New YorkAILA New York



AILA Chapter MeetingSeptember 8, 2014Topic: Hot Topics, You and your AILASpeakers:Neena Dutta, Esq., AILA NY ChairLeslie Holman, Esq., AILA National PresidentAnastasia Tonello, Esq., AILA National TreasurerBetsy Lawrence, AILA Director of LiaisonKate Voigt, AILA Senior Liaison AssociateWelcome and Remarks and Introduction of SpeakersNew York Chapter Winner of the Platinum Award from AILA NationalExplanation of AILA New York Chapter GoalsEducation of Chapter MembersNew website: . More content will be added about liaison, events, mentorship, etc.Increase involvement (i.e. join committees, local co-chairs as well as national involvement, collaboration with law students)Pro bono commitment (i.e. resolve backlog of children cases)Cross sponsor events with other bar associations (ABA, New York City Bar)New York Chapter’s recent activitiesCity Counsel HearingsNational Day of ActionCongressional BreakfastsInclement weather preparationJournalist RoundtablesAILA Resources (National website) (local website)If you are not received e-mails from AILA, contact membership@If you are not receiving your Kurzban or other problems with AILA publications contact agora@CLE AccreditationMust arrived on time to get CLE credits. No excuses as it can impact AILA NY Chapter’s CLE accreditation.AILA New York Chapter offers 27 free CLE credits a year, lots of opportunity to meet you CLE requirementsStructure of AILAAILA National (located in Washington D.C.)AILA National Officers (i.e. Leslie Holman, Anastasia Tonello)AILA New York City Local Officers (i.e. Neena Dutta, Amy Fallon, Stephanie DiPietro, Jennifer Durkin)Hot Topics, Updates from the SummerArtesia, New Mexico (detention facility where many of the unaccompanied minors are located)2 merit hearings this past week, individual’s relief was approved will make impact on future casesWant to see Artesia closedAILA trying to provide resources through the end of the year to allow volunteers to assist those detained at ArtesiaImportant for media to know the conditions of Artesia and situation these children are fleeingBusiness Level Administrative Fixes which do not require a change in the lawSuch as having the ability to go to consulate with clientsDepartment Of Labor National Liaison Meeting coming up Friday, September 12Important to respond to call for questions because these questions are used to develop the agenda for these meetings.Email questions to reports@Notice of Revocation, improper LCA codesAILA New York Chapter Pro Bono CommitteeAILA Children’s Docket, first Thursday of every monthDue to Surge: 35 children per docket, multiple docket and 4 providers assisting with child cases (approximately 120 children per day)Great support system for volunteers so even if you do not normally practice removal defense, can learn from others.See website to get involved with AILA Children’s docketAILA President thanked generosity of New York chapter and let people know that AIC has set up a way to donate fund to be used nationally to send attorneys to ArtesiaNorthern Border Adjudication IssuesImpacts family and businessHugh win with CBP! Adoption of checklists: 2 for L visas (due to CBP committee’s work). Now if you have a client whose L visa has been denied at the border, you will be able to know what went wrong. Working on a TN checklist with CBPThese are not procedural changes, just more transparency in the processCreation of a Northern Border Taskforce with CBP This has led to changes such as the above referenced checklists Northern Boarder Practice Tips:Most business case denials occur on the weekend. DO NOT send your business clients on the weekend.First, CBP officer accustom to adjudicating business cases often do not work on weekends.Second, unable to call petitioning company because they are closed on weekend. Even if the company is open, the CBP officer may not bother to call assuming they are closed. Approval and Denial Rates between different adjudicating locationsYes, so call a mentor because of lack of consistency with adjudications at the border. Important to know how to be prepared for these inconsistencies.Pre-flight at Pearson: one of the most difficult locations. For Example, L for a management consultant who is working at location other than the employer’s worksite, school your client careful or recommend client go to the border for adjudication of these matters.Peacebridge and Pre-flight Montreal handles these matter better.As people change at each of these offices, the experience changes.Hoping to staff experts at particular ports to increase consistency and resolve complicated issuesWaiver Adjudications at the borderStill a slow process.Administrative Fixes by the White HouseAILA Press Release: urging President to make business related fixes, fixes to children, deportation benefits, expanding DACAAll these changes would not require Congress’ approval, just notice in the Federal Register“Generosity of Spirit” returned definition of affiliation to where it was years ago in the H-1B realm DHS can make some changes without the White House (i.e. on H’s & L’s). Smaller fixes trying to deal with agency directly. Meet with the agencies twice a year, will continue to push these issuesPractice Pointer: read these agencies agenda minutes because:You are not aloneTo better prepare your caseRecommendation to bring up that DOL is not sending emails again when LCA is approved. Was a problem 5 months ago, happening again.Recommendation: Family dependents should not be counted against the quota. Another administrative fix. Presently, agency is not budging on this issue.Department of StateA lot of problem with inconsistencies.Other problem (ie. submit inquiry to India but it goes to Australia, working on this problem)National Visa Center: misplacing documents, I-864 problems because forms don’t matchNVC staffing changes and increase in applications amongst contributing factors to these problems6 to 8 weeks ago new NVC Director (Kim Kelly former Director). During the 1st week of November, NVC and AILA will have a webinar available to small group of AILA members to discuss these issues.Also, there was a staffing contractor change 9 months to a year ago which was problematicIf NVC does not reply in 5 days to your inquiry posts and legal next, Kentucky Service CenterAlso, there was a staffing contractor change 9 months to a year ago which was problematicWhat if the Consulate fails to reply to you within 5 days?Recent FAM posting about what to do if NVC, Post, LegalNet, or the Kentucky Service Center fails to reply to you.If your case is still at the Post, LegalNet will not reply to you but will push the Post to reply to you. ConsulatesRecommend if given an opportunity to tour one, do so in order to get an idea of what your client is experiencing.During this Quarter, AILA Mexico Chapter is going to Buenos Aires and Rome Chapter is going to PragueOver the last 15 years, no longer allow attorneys (began with NIVs, then IVs, then renunciations) due to security and lack of space. Not written anywhere that attorneys can’t go, just varies from Post to Post.In CBP regulations states no right to counsel in primary or secondary.Media Team at AILA NationalRecommends that local members write letters to the editor about Artesia, Deportation, Reform. There are templates on the AILA National website.What to do if you get a ridiculous RFE?Redacted it and send it to reports@.Make the Most of Your AILA Membership (Liaison and Case Solution Strategies) Government Contact InformationAILA has compiled extensive government contact information into several comprehensive references under “Federal Agency & AILA Liaison Contact Information” (AILA Doc No. 08091671)Practice Alerts (short, timely notices that keep attorneys current on late breaking news from the government). Examples include:Case load transfers between Service CentersProblems with mail delivery to USCIS or EOIRErroneous RFEs from USCISInformation from agencies on the government shutdownGovernment office closuresiCERT and PERM outagesPractice Pointers (provide accurate and timely information on policy and adjudication trends, filing tips, and substantive legal developments). Examples include:Tips on filing select form types with USCISLegal interpretations of new policy memorandaRecommendations on practicing before immigration courts and the BIAInformation on emerging adjudication trends for certain visa typesBest practices guidance for building your caseHow do I get my G-28 recognized?G-28 submitted with initial filingOnly use new G-28 form (02/28/13 Ed.) accepted as of 05/26/13.AILA FAQs: Completing the New G-28 Form (AILA Doc. No. 13101144)Interfiling when retained after Initial FilingPrint on blue paperSign in black inkSend to appropriate PO BoxSubmit via traceable methodGetting USCIS to recognize the G-28 (AILA Doc. No. 08090469)How do I alert USCIS when I move?DHS has instructions posted to its website, including links to helpful information from the CIS Ombudsman (AILA Doc. No. 11072863)VSCIf less than 10 files: file separate G-28 for each, in separate envelopesIf 10 or more files: Send G-28 signed only by the AOR, List of Petitioners/Beneficiaries and receipt numbers (AILA Doc. No. 11012570)NSCFile a separate G-28 for each (AILA Doc. No. 12022172 (page 3)TSCSend one G-28 signed only by the AOR, Include a list of all receipt numbers (AILA Doc. No. 13011549 (page 1)NBCFile a letter for each case, List Petitioner/Beneficiary name, receipt number & A number (AILA Doc. Nos. 112021460. (page 1), 12072351 (page 4-5)How do I request an Expedite from USCIS?Expedite Criteria:Severe financial lossExtreme emergent situationHumanitarian situationNonprofit status of requesting organization in furtherance of the cultural and social interests of the United StatesDOD or national interest situation (Note: Request must come from U.S. government and state that delay will be detrimental to government)USCIS errorCompelling interest of USCIS*Criteria available on USCIS website to Request an ExpediteFor cases at the service center or NBC:Call NCSC and offer relevant criteria for your client’s case.If supporting docs needed, USCIS will contact you, ORFollow-up with supporting docs via ncsc-follow-up e-mail if no response in 5 business days.Wait 5 more days before following up, ORSubmit AILA liaison request.For cases at the local office:Schedule an InfoPass appointment at the local office.See AILA Doc. No. 08022567How do I know how to practice at a new asylum office?Check out AILA National’s Asylum Office Best Practice Guide! (AILA Doc. No. 12060844)Includes information on:Who to contact at the asylum officeInterview wait timesRescheduling requestsSubmitting additional informationPractice tips specific to each asylum officeLocal AILA asylum liaison contact informationHow do I file a Motion to Reopen Case denied due to clear Service Error?USCIS will review and correct certain administrative errors:If denied for failure to respond to an RFE, NOID, or NOIR, and:There is evidence that the customer responded on time; or USCIS determines the document wasn’t sent to the petitioner/applicant and/or G-28 attorney.There is evidence that USCIS sent the document to the wrong address. If denied for failure to appear for biometrics, andThere is evidence that USCIS sent to the wrong address; orThere is evidence the customer attended the appointment or made a valid/timely request that it be rescheduledCall NCSC, as for an expedited service request to fix the error.If expedited service request is denied or if it doesn’t fall into one of theabove categories:File Motion to Reopen/Reconsider on Form I-290B with:The filing fee for the Motion to Reopen/Reconsider;A cover letter including a full explanation of the basis for the request for refund of fees;All documents and evidence necessary to overcome the denial grounds and demonstrate Service error. See AILA Doc. Nos. 12040455, 12100940.How to solve other common USCIS issues:Refunds and Stopped Checks or Bounced Checks (AILA Doc. No. 09091169)Adjustment of Status Applications for Clients in Removal ProceedingsAILA InfoNet Doc. No. 13061147)Multiple I-140s, Priority Date Retention, and the 2013 China EB-2/EB-3Anomaly (AILA Doc. No. 13120548)Understanding the 11/15/13 Policy Memorandum on Parole of CertainMilitary Family Members (AILA Doc. No. 13121041)Long-Pending DACA Cases at the Nebraska Service Center (AILA Doc. No. 13110747)J-2 to H-1B after J-1 Waiver Approval (AILA Doc. No. 13101001)Protocol for Contacting Consular Posts (AILA Doc. No. 13103047)How do I get answers from USCIS on a case?USCIS Online Case Status System: Online e-Request Customer Service Tools an e-Request in the following instances:If a case has been pending longer than the posted processing times;If a customer did not receive a notice, card, or document from USCIS (ex: biometrics notice, appointment notice, etc.)If there is a typographic error on a USCIS-issued card, notice, or document.Requests for disability accommodations How do I get answers from USCIS on a case at a local office?Make an InfoPass appointment ()Contact your local chapter’s USCIS liaisons for local liaison inquiries or additional information on how to check on cases that are held at the local officeSee the local chapter’s website: chaptersHow do I get answers from USCIS on a case at a Service Center or NBC?Contact the NCSC - 1 (800) 375-5283 Choose either a call-back option or to speak an officerAsk for a service request (SRMT), which alerts USCIS to review the caseBe sure to record the following:NCSC referral number (SRMT Number)Date and time of the callAgent name and numberThe outcome/next steps resulting from the callFollow up With the Service CenterWait 15 days after contacting NCSC, then e-mailCalifornia Service Center: csc-ncsc-followup@Vermont Service Center: vsc.ncscfollowup@Nebraska Service Center: NSCFollowup.NCSC@uscis.Texas Service Center: tsc.ncscfollowup@Follow up with USCIS Service Center OperationsWait 21 days after emailing the service center directly, then escalate request to SCOPS by emailing scopsscata@No response? Contact AILA Liaison and file a liaison inquiry! How do I get answers from USCIS on a case Special Case Procedures?How do I get answers on a case at USCIS? Special Procedures?Premium Processing Inquiries (AILA Doc. No. 12102644)Specific TSC E-mail Addresses (AILA Doc. No. 10111866, 12021360)VAWA Cases (AILA Doc. No. 08092973)TRIG Cases (AILA Doc. No. 11031667)AILA LiaisonCIS OmbudsmanHow do I get answers on a case? Other agencies?ICE ERO Community Outreach HotlineCBP OmbudsmanTrusted Traveler Program ONLYDOL OmbudsmanH-2A and H-2B Programs ONLYAILA Case Liaison AssistanceCase Liaison Assistance – Service CentersRead instructions on InfoNet specific to each service centerGenerally:Check online case statusCall NCSC and get SRMT or note date/time of call and agent’s name.Wait 15 daysExceptions: USCIS correspondence (denial, RFE, etc.) notreceived, I-765s pending for more than 75 days.Submit case liaison assistance form— 30 days before following-up with liaison, unlessyou have new information to report.Case Liaison Assistance – NBCNBC does not require that attorneys contact NCSC first.BUT, we may ask you to contact NCSC before escalating yourcase in certain circumstances (e.g., USCIS workload transfer)Generally:Check online case statusSubmit AILA case liaison assistance formWait 30 days before following-up with liaison unless circumstances have changed (Note: NBC generally responds within one week).Case Liaison Assistance – AAOLiaison assistance available for:Cases pending at AAO beyond published processing timesNOTE: Date the I-290B is transferred to the AAO (not the date appeal was filed with USCIS) is the date used to determine if a case is outside processing times.“Current” = 6 Months.Cases seeking expedited adjudicationAAO Procedures - AILA Doc. No. 10120368Contact informationExpedite ReviewSupplementing a pending appealWithdrawing a pending appealCase Liaison Assistance – LockboxIf improperly rejected:E-mail lockboxsupport@, and attach:Rejection noticeProof of improper rejectionPetitioner/Beneficiary name & DOBIf no response in 5 business days, submit AILA liaison requestIf received but not receipted:E-mail lockboxsupport@ and attach:Proof of delivery (tracking info)Petitioner/Beneficiary/Applicant name & DOBIf no response in 5 business days, submit AILA liaison requestCase Liaison Assistance – DOS Visa OfficeDOS Liaison Committee does not have comprehensive case liaison assistance with Visa Office--Members must communicate with Postor municate with Post when:Scheduling, rescheduling, or expediting appointments.Requesting reconsideration of visa denial.Submitting additional documents or factual information not presented with the initial visa application.Case is on hold for administrative processing and less than 60 days have passed since municate with LegalNet when: Requesting an advisory opinion from DOS on a legal issue (Note: LegalNet will not review the factual determinations made by a consular officer)Post has not responded to a request for reconsideration after two follow-up attempts.Case is on hold for administrative processing and 60 days or more have passed since interview.LegalNet Tips – AILA Doc. No. 07041065LegalNet Tips:If requesting advisory opinion on NIV, include in subject line: Name of applicant, passport number.If requesting advisory opinion on IV, include in subject line: Name of applicant and IV case number.Set forth legal argument in body of e-mail; no large attachments.If no response from LegalNet in 14 days, reply to initial email to indicate you are following up.If no response 7 days after sending the follow up e-mail, submit AILA liaison inquiry form.Note: If case is still at National Visa Center, e-mail nvcattorney@.Case Liaison Assistance –DOS Waiver Review DivisionDOS will accept inquiries to resolve pending J-1 waiver cases that exceed the normal processing times posted on the DOS website.Processing times do not start until all required documentation is received.Check to see date all required documentation received.Note: AILA attorneys are asked to not make individual inquiries to DOS but rather to direct all inquiries through AILA Liaison.Case Liaison Assistance – SSASSA Will Accept Inquiries from AILA if:The applicant has filed for a social security number (SSN) 10 days or more after initial admission to the U.S.More than 30 days have passed since the SSN application was submitted.The applicant or the attorney has contacted the SSA local officemanager to resolve the delay.If these steps have been taken, and still no SSN is forthcoming, complete a liaison inquiry form.Case Liaison Assistance – CBPGeneral Redress Process with CBPNo formal process, but need to communicate with POEChain of Command: Supervisor, Port Director, Field OfficeIf no response, or inadequate response, contact AILA LiaisonDHS TRIP -- Traveler Redress Inquiry ProgramTravel delays (denied boarding, placed in secondary, etc.) due to mistaken identity or other reasons.File TRIP online through DHS website:Complaints of Egregious BehaviorCheck CBP website—Different procedures for different types of complaintsDHS OIG or CRCLAlert AILA to reported problemI-94 Automation InquiriesFirst, check tips for locating electronic I-94 records. AILA Doc. No. 13073140.Submit AILA inquiry if unable to locate.Additional AILA Resources Advanced Search on InfoNet Center: Directory: Agora Advocacy through Liaison CommitteesAILA, You and YoursQ & A from Audience ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download