AILA Liaison AILA National Liaison What Do We Do? The Liaison - - PDF document

aila liaison
SMART_READER_LITE
LIVE PREVIEW

AILA Liaison AILA National Liaison What Do We Do? The Liaison - - PDF document

8/23/2016 AILA Liaison AILA National Liaison What Do We Do? The Liaison Department works with AILA leadership and members to develop, direct and coordinate AILAs administrative advocacy efforts. Through member-based liaison


slide-1
SLIDE 1

8/23/2016 1

AILA Liaison

AILA National Liaison

 What Do We Do?

 The Liaison Department works with AILA leadership and

members to develop, direct and coordinate AILA’s administrative advocacy efforts.

 Through member-based liaison committees, we work with

agencies on issues of broad concern to AILA members.

Analyze substantive legal, policy, and procedural issues Collect and compile data to identify problematic trends Alert the appropriate agency  http://www.aila.org/advo-media/agency-liaison

AILA Liaison Com m ittees

USCIS USCIS:

  • USCIS HQ
  • USCIS Service Center

Operations

  • California Service Center
  • Nebraska Service Center
  • Texas Service Center
  • Vermont Service Center
  • USCIS Field

Operations/Immigrant Investor Program Office

  • National Benefits Center
  • USCIS International Operations

DH DHS Offi Office of the

  • f the CIS

CIS Om Ombudsman

slide-2
SLIDE 2

8/23/2016 2

AILA Liaison Com m ittees

  • ICE
  • EOIR
  • CBP Field Operations

(Admissions)

  • CBP Border Patrol

(Enforcement)

  • DOL
  • DOS
  • Verification and Worksite

Enforcement

  • ICE HSI, USCIS Verification

Division (E-Verify), DOJ Office of Special Counsel, OCAHO

Issue Developm ent Com m ittees

  • Investor (EB-5)
  • Asylum & Refugee
  • VAWA, Us and Ts
  • Business Immigration
  • ACES (Athletics, Culture,

Entertainment, Science)

  • Healthcare

Professionals/Physicians

  • LGBT Working Group
  • SSA/DMV/SAVE

What do AILA Liaison Com m ittees Do?

 Research and develop questions for

liaison meeting agendas on substantive and procedural issues.

 Meet with agencies to advance AILA

policy positions, provide input, and voice concerns.

 Raise questions and issues between

meetings, as needed.

 Report to the membership on agency

updates through liaison meeting minutes and practice alerts.

 Research and write practice pointers,

position papers, and legal memoranda.

slide-3
SLIDE 3

8/23/2016 3

How Do Com m ittees Learn About Issues?  From all AILA members!

 Chapter liaisons and listservs  Individual member submissions and

questions

 Message Center  Other NGOs and organizations  Calls for Examples

AILA Calls for Examples/ Questions

 All “Calls for Examples” can be found under

“Advocacy and Media,” “Agency Liaison”

What Types of Questions Should I Send to the AILA Liaison Com m ittees?

 Questions on immigration policy/ legal

interpretations

 Cases where USCIS relied on an

erroneous legal interpretation

 Interagency issues: problems

coordinating between agencies

 Recurring problematic RFEs  Recurring problematic denials  Concerns about troubling, systemic

trends in adjudication, treatment of noncitizens, etc.

 Procedural questions

slide-4
SLIDE 4

8/23/2016 4

Where Can I Find Information About AILA National Committees?

 AILA National Committee information can be found

under “About” “Leadership and Governance”

Agency Liaison Issue Developm ent

Where Can I Find Information About AILA Liaison Committees?

 AILA Liaison Committees and information can also

be found under “Advocacy and Media” Liaison Committee Pages on www.AILA.org

 Sample Department of State Liaison Committee Page:

slide-5
SLIDE 5

8/23/2016 5

Liaison Committee Pages on www.AILA.org

 Sample Contact Form for EOIR Liaison Committee:

Local Agency and Chapter Liaison Contact Information

Resources By State

 Our resources by state section has links to the chapter

website, local agency contacts, and local liaison

  • information. http:/ / www.aila.org/ infonet/ state
slide-6
SLIDE 6

8/23/2016 6

Practice Alerts and Pointers

Practice Alerts

Practice alerts are short, timely notices that keep attorneys current on late breaking news from the government.

 Case load transfers between

service centers

 Problems with mail delivery to

USCIS or EOIR

 Erroneous RFEs from USCIS  Information from agencies on a

government shutdown

 Government office closures  iCERT and PERM outages Practice Pointers

Practice pointers provide accurate, timely information on policy and adjudication trends, filing tips, and substantive legal developments.

 Tips on filing select form types

with USCIS

 Legal interpretations of new

policy memoranda

 Recommendations on practicing

before immigration courts and the BIA

 Information on emerging

adjudication trends for certain visa types

 Best practices guidance for

building your case

slide-7
SLIDE 7

8/23/2016 7

How Do I… Get My G-28 Recognized?

 G-28 Submitted with Initial Filing

 Only most recent edition of the form

 Interfiling when Retained After Initial Filing

 Review Practice Pointer- Getting USCIS to Recognize the G-28

AILA Doc. No. 08090469

 Print on blue paper  Sign in black ink  Send to appropriate PO Box  Submit via traceable method  Do not submit with cover letter

How Do I… Alert USCIS When I Move?

 Service Centers (CSC, NSC, TSC, and VSC)

 USCIS recommends (but does not require) that the attorney submit a

new fully completed and updated, signed Form G-28 for each pending case.

 In the alternative, the attorney may submit a letter on office

stationery that clearly specifies the new address and change in firm. The letter should include a list of cases to which the address change

  • applies. Please include the Form Type, Receipt Number, A Number,

and the applicant or petitioner’s name in a spreadsheet format. AILA

  • Doc. No. 14112160

 NBC

 File a letter for each case  List Petitioner/ Beneficiary name, receipt number & A number  AILA Doc. No. 12072351 (pages 4-5)

How Do I… Request an Expedite from USCIS?

 Criteria

 Severe financial loss  Extreme emergent situation  Humanitarian situation  Nonprofit status of requesting

  • rganization in furtherance of

the cultural and social interests of the United States

 DOD or national interest

situation (Note: Request must come from U.S. government and state that delay will be detrimental to government)

 USCIS error  Compelling interest of USCIS

*Criteria available on USCIS website: http:/ / www.uscis.gov/ forms/ expedite- criteria

 To Request an Expedite

 For cases at the service center

  • r NBC:

 Call NCSC and offer relevant

criteria for your client’s case. (obtain SRMT #)

 If supporting docs needed,

USCIS will contact you, OR

 Follow-up with supporting docs

via ncsc-follow-up e-mail if no response in 5 business days.

 Wait 5 more days before

following up, OR

 Submit AILA liaison request.  For cases at the local office:  Schedule an InfoPass

appointment at the local office.  See AILA Doc. No. 08022567

slide-8
SLIDE 8

8/23/2016 8

How Do I… Know How to Practice at a New Asylum Office?

 Check out our Asylum Office Best Practice Guide!

 AILA Doc. No. 12060844

 Includes information on:

 Who to contact at the asylum office  Interview wait times  Rescheduling requests  Submitting additional information  Practice tips specific to each asylum office  Local AILA asylum liaison contact information

How Do I… File a Motion to Reopen a 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, and

There is evidence that USCIS sent to the wrong address; or

There is evidence the customer attended the appointment or made a valid/ timely request that it be rescheduled  Call NCSC, as for an expedited

service request to fix the error. If expedited service request is denied

  • r if it doesn’t fall into one of the

above categories:

 File Motion to Reopen/ Reconsider

  • n 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

And Much, Much More!

 Check-in with DOS’s Charlie Oppenheim

(AILA Doc. No. 14071401)  USCIS Humanitarian Parole

(AILA Doc. No. 15071507 )  Is an Amended H-1B Petition Required When the Worksite Changes?

(AILA Doc. No. 12083048)  Special Immigrant Juvenile RFE Trends

(AILA Doc. No. 15052939)  Health-Related Hardship Grounds and the Use of Experts in the I-601A

Provisional Waiver Process

(AILA Doc. No. 15043060)  Adjustment of Status Applications for Clients in Removal Proceedings

(AILA Doc. No. 13061147)  Refunds and Stopped Checks or Bounced Checks

(AILA Doc. No. 09091169)  PERM Job Orders and Matter of A Cut Above Ceram ic Tile

(AILA Doc. No. 15082539)

slide-9
SLIDE 9

8/23/2016 9

S U B M I T A R E Q U E S T F O R A I L A I N D I V I D U A L C A S E L I A I S O N A S S I S T A N C E F O R P R O B L E M C A S E S A T : T S C N S C C S C V S C N B C L O C K B O X D O S A A O S S A

AILA Case Liaison Assistance

How Do I … Get Answers on a Case at USCIS? Service Centers or NBC

Contact the NCSC - 1 (800) 375-5283 or file an e-Request through USCIS website

Choose either a call-back option or to speak an officer

Ask for a service request (SRMT) or NCSC referral number

 Be sure to record the following:  NCSC referral number (SRMT Number)  Date and time of the call  Agent name and number  The outcome/ next steps resulting from the call

Follow up With the Service Center

Wait 30 days after contacting NCSC, then e-mail

 California Service Center: csc-ncsc-followup@dhs.gov  Vermont Service Center: vsc.ncscfollowup@dhs.gov  Nebraska Service Center: ncscfollowup.nsc@dhs.gov  Texas Service Center: tsc.ncscfollowup@dhs.gov

Follow up with USCIS Service Center Operations

Wait 21 days after emailing the service center directly, then escalate request to SCOPS by e-mailing scopsscata@dhs.gov 

No response? Contact AILA Liaison and file a liaison inquiry!

http:/ / www.aila.org/ advo-media/ agency-liaison/ case-liaison

USCIS e-Request

 USCIS Online e-Request Customer Service Tools

https:/ / egov.uscis.gov/ e-request/ Intro.do

slide-10
SLIDE 10

8/23/2016 10

Case Liaison Assistance - NBC

 NBC does not require that attorneys contact NCSC

first.

 BUT, we may ask you to contact NCSC before escalating your

case in certain circumstances (e.g., USCIS workload transfer)  Generally

 1) Check online case status  2) Submit AILA case liaison assistance form

 Wait 30 days before following-up with liaison unless

circumstances have changed (Note: NBC generally responds within one week).

How Do I … Get Answers on a Case at USCIS? Special Case Procedures

Premium Processing Inquiries

(AILA Doc. No. 12102644) 

Specific TSC E-mail Addresses

(AILA Doc. No. 12021360 ) 

VAWA Cases

(AILA Doc. No. 08092973) 

TRIG Cases

(AILA Doc. No. 11031667 ) 

AILA Liaison- http:/ / www.aila.org/ advo-media/ agency-liaison/ case-liaison

CIS Ombudsman- http:/ / www.dhs.gov/ case-assistance

Case Liaison Assistance - AAO

 Liaison assistance available for:

 Cases pending at AAO beyond published processing times  NOTE: 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 adjudication

 AAO Procedures - AILA Doc. No. 10120368

 Contact information  Expedite Review  Supplementing a pending appeal  Withdrawing a pending appeal

slide-11
SLIDE 11

8/23/2016 11

Case Liaison Assistance - Lockbox

 If improperly rejected:

 E-mail lockboxsupport@dhs.gov, and attach:  Rejection notice  Proof of improper rejection  Petitioner/ Beneficiary name & DOB  If no response in 5 business days, submit AILA liaison request

 If received but not receipted:

 E-mail lockboxsupport@dhs.gov and attach:  Proof of delivery (tracking info)  Petitioner/ Beneficiary/ Applicant name & DOB  If no response in 5 business days, submit AILA liaison request

Case Liaison Assistance – DOS Visa Office

 DOS Liaison Committee has lim ited case liaison assistance

with Visa Office. However, members must first communicate directly with DOS. See 9 FAM APPENDIX E, 800 LEGALNET.

 First step for all cases is to contact the Post directly:

 Contact information should be available on the embassy or consulate

website, http:/ / www.usembassy.gov/ .

 Be sure to include the following information: 

Subject line that clearly indicates the nature/purpose

  • f

the communication (i.e. “221(g) materials for DOE, John (DOB 1/1/2001)” or “Visa Matter”) and whether the matter is urgent;

Applicant’s Full Name;

Applicant’s Case Number (NVC number for IV cases; passport # + USCIS receipt # for NIV cases);

Applicant’s Date of Birth; and

Brief description of the benefit requested and the reason for the inquiry

Case Liaison Assistance – DOS Visa Office

 If no final answer is received to a fa ctua l, p roced ura l, or

ca se sta tus question after two attempts to contact post, members may submit an request for AILA DOS VO Case Liaison Assistance. Make sure to upload copies of all correspondence with the Post and any supporting documents.

 Examples of factual, procedural, or case status questions:

 Requests for review of factual determinations supporting a 214(b)

refusal

 Case Status Questions  Procedural Questions about the Visa Application Process  Delayed Security Advisory Opinions  Requests for Explanations of Refusals, Revocations, or

Cancellations

slide-12
SLIDE 12

8/23/2016 12

Case Liaison Assistance- DOS Visa Office

If no final answer is received to a lega l question after two attempts to contact post

  • r if a final response is received that you believe is incorrect as a matter of law, wait

30 days after the second contact with Post and send an e-mail to LegalNet@state.gov (one case per e-mail).

Be sure to include the following inform ation:

In the Subject Line:

Applicant’s full name;

Name of the Post;

Case number (NVC number for IV cases; Passport and/ or USCIS case number for NIV cases);

Citation to the relevant statute or regulation at issue. In the Body of the E-m ail:

Principal applicant’s full name as it appears in the passport;

Applicant’s date and place of birth;

Name of the Post;

Visa Classification and Refusal Code (if applicable); and

Brief summary of the facts and legal argument. Attachm ents:

Copies of all previous correspondence with the Post; and

A signed Form G-28 with the attorney’s contact information.

If LegalNet does not respond within 30 days, submit a follow up inquiry.

If LegalNet does not respond within 15 days of the second inquiry, submit a request for AILA DOS VO Case Liaison Assistance. Be sure to include all correspondence with LegalNet and Post.

No Direct Case Liaison Assistance – NVC

 AILA National continues to collect member case

examples in order to identify NVC processing issues.

 Call for Exam ples: National Visa Center Issues  AILA Doc. No. 14062646

 NVC Resources

 AILA DOS Liaison Q&As w ith the NVC (11/ 4/ 14)  AILA Doc. No. 14111420  AILA DOS Liaison Q&As w ith the NVC (2/ 17/ 15)  AILA Doc. No. 15052674  AILA DOS Liaison Q&As w ith the NVC (11/ 3/ 15)  AILA Doc. No. 15121709  Practice Pointer: Im m igrant Visa Processing and NVC Best

Practices

 AILA Doc. No. 15121712

Resolving Problem Cases at the NVC

E-m ail

Attorneys can contact NVC via e-mail at NVCAttorney@state.gov.

Send a separate e-mail for each inquiry with the NVC case number in the subject line. Do not copy any other NVC e-m ail addresses.

Please provide the following information in the body of the e-mail:

NVC case number

Principal applicant’s name and date of birth

Petitioner’s name

The attorney’s name and office (if a paralegal or other office member is asking on your behalf, they should include their name along with the attorney’s) 

Wait 15 days and if no response, (or if a response is received that does not address the inquiry), send a follow-up e-mail to NVC.

If, after sending your second e-mail, 15 days have passed without a response or a non- responsive reply is received from NVC, send a third e-mail to NVC using the following subject line: “Attention PI Supervisor.” A supervisor should respond to your e-mail within 5 to 7 business days.

This e-mail should include the previous e-mail chain.

Phone

Attorneys inquiring about immigrant visa cases may contact NVC by phone at (603) 334-0700 (Monday through Friday, 7:00 am to 12:00 am midnight ET).

slide-13
SLIDE 13

8/23/2016 13

Case Liaison Assistance – DOS Waiver Review Division

 DOS will accept inquiries to resolve pending J-1

waiver cases that exceed the normal posted processing times (4 to 6 weeks)

 4 to 6 week processing time does not start until all

required documentation is received.

 Check http:/ / j1visawaiverstatus.state.gov/ 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 – SSA

 SSA 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 office

manager to resolve the delay.  If these steps have been taken, and still no SSN is

forthcoming, complete a liaison inquiry form.

How Can I Get Involved in AILA National Liaison?

 National committees are appointed by the AILA

President.

 The process starts late January/ early February.  Call for Volunteers: Notify AILA of your interest

in volunteering by submitting a volunteer form.

 Helps to have prior volunteer experience –

either at the chapter level or national level.

 Slots are limited: If you are not selected to serve

  • n a committee, consider other volunteer
  • pportunities.

 Get your name out there and do the work. Once

you have developed a solid reputation as a productive, contributing volunteer, the

  • pportunities will follow!
slide-14
SLIDE 14

8/23/2016 14 The Liaison Department Staff!

 Betsy Lawrence, Esq.

 BLawrence@aila.org, Director of Liaison

 Kate Voigt, Esq.

 KVoigt@aila.org, Associate Director of Liaison

 Laura Lynch, Esq.

 LLynch@aila.org, Liaison Associate

 Kelsey Harris

 KHarris@aila.org, Liaison Associate

 Paul Stern

 PStern@aila.org, Liaison Coordinator

Additional Resources

 Advanced Search on InfoNet

 http:/ / search.aila.org/

 Message Center:

 http:/ / messages.aila.org/

 Mentor Directory:

 http:/ / myaila.aila.org/ search/ default.aspx?ref=mentors

 Committee Directory:

 http:/ / www.aila.org/ content/ default.aspx?docid=39664

 When in doubt, contact AILA Liaison:

 liaisonhelp@aila.org

Questions?