bfadlia
01-12 03:18 PM
Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.
Again you are plain wrong. If a non-US citizen buys house in the US then does he have the right to own the house and live as he wants? The answer is YES.
Similarly, the US Constitution protects certain rights of non-US citizens who are in the US. One of them is right to the Equal Opportunity Employment. Now if a law is passed such that it intentionally or unintentionally goes against the right of the US citizens or non-US citizens, employed in the lands of the US, to Equal Opportunity Employment then YES the US courts can rule that the law is unconstitutional and hence no longer applies.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)") and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
Unfortunately, I agree with you, this thread is going no where. It will go on for 10+ pages and then die. I have seen may be 5 such threads on immigrationvoice and .
Again you are plain wrong. If a non-US citizen buys house in the US then does he have the right to own the house and live as he wants? The answer is YES.
Similarly, the US Constitution protects certain rights of non-US citizens who are in the US. One of them is right to the Equal Opportunity Employment. Now if a law is passed such that it intentionally or unintentionally goes against the right of the US citizens or non-US citizens, employed in the lands of the US, to Equal Opportunity Employment then YES the US courts can rule that the law is unconstitutional and hence no longer applies.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)") and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
Unfortunately, I agree with you, this thread is going no where. It will go on for 10+ pages and then die. I have seen may be 5 such threads on immigrationvoice and .
wallpaper at grammys for the roster ofdec Miranda+lambert+fat+at+grammys
intheyan
07-16 10:42 PM
Murthy and Rajiv.S.Kanna are doing very good job.
rimzhim
02-12 11:32 AM
Simple and yet we have not acted purposefully. I have a strong feeling that this visa grab is still going on. HLG has sent out another immigration alert to all registered emails, similar to one posted on Feb 9, 2007. . And I quote a bit
Stopping this 'unused visa grab' for only one section of retrogressed and demanding it for all retrogressed is a sure WIN for us, if it happens; if it is stopped, it will make a tectonic shift the focus to the whole gamut of issues of retrogression, backlogs etc and will put more pressure on Congress to act.
I have seen and read all the posts in this thread started by me. I appreciate all points and posts, particularly by core team.
The least we can do is write and fax to Congress and demand. The IV team should set up a fax, so that each of us here can protest these moves by Congress without considering other severely backlogged applications. For this I propose a simple message.
Next one/two days are crucial. Let's make a difference.
Note:
1) In the above, I am trying to be focused, addressing one issue at a time. Backlogs, Slowness, Finger Prints are also other genuine issues. Let us stop the greedy stealing by HLG and their ilk.
2) If for whatever reason IV will not come up with a web fax, a few of us must act individually and let the congressmen and senators know of our protest. I had faxed to a few Congressmen and Senators, from the fax machine at my workplace. Believe me, these types of protests have worked in the past.
nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.
Stopping this 'unused visa grab' for only one section of retrogressed and demanding it for all retrogressed is a sure WIN for us, if it happens; if it is stopped, it will make a tectonic shift the focus to the whole gamut of issues of retrogression, backlogs etc and will put more pressure on Congress to act.
I have seen and read all the posts in this thread started by me. I appreciate all points and posts, particularly by core team.
The least we can do is write and fax to Congress and demand. The IV team should set up a fax, so that each of us here can protest these moves by Congress without considering other severely backlogged applications. For this I propose a simple message.
Next one/two days are crucial. Let's make a difference.
Note:
1) In the above, I am trying to be focused, addressing one issue at a time. Backlogs, Slowness, Finger Prints are also other genuine issues. Let us stop the greedy stealing by HLG and their ilk.
2) If for whatever reason IV will not come up with a web fax, a few of us must act individually and let the congressmen and senators know of our protest. I had faxed to a few Congressmen and Senators, from the fax machine at my workplace. Believe me, these types of protests have worked in the past.
nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.
2011 miranda lambert fat. miranda
mirage
03-06 12:47 PM
I may not need to tell you this but you are dealing with most greedy, money making machine in US govt. System. This organization churned out 200K EAD last year in 1 week, just so that they don't have to issue 2 years EADs. This org. is rejecting I-485 to get $1000 MTR fees, they will not spare any chance to take money from your pocket. I would say Instead of asking them for the fee waiver and wait 3 months for their 'NO', just give them the 5K and move on...
Requesting a Fee Waiver
To qualify for a fee waiver, a requester must demonstrate that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Your fee waiver request should include a detailed justification to support your claim of public interest. Your justification must also include how the information will be provided and distributed to the public.
http://www.dhs.gov/xfoia/editorial_0316.shtm
Requesting a Fee Waiver
To qualify for a fee waiver, a requester must demonstrate that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Your fee waiver request should include a detailed justification to support your claim of public interest. Your justification must also include how the information will be provided and distributed to the public.
http://www.dhs.gov/xfoia/editorial_0316.shtm
more...
needhelp!
02-13 03:48 PM
For people who were hesitant to sign. I gave them the letter,and my card with IV address on the back, and said "please go over it and send it to both addresses".
here4gc
09-21 01:00 AM
Sorry guys, I was in India for the last 2 months...family issues..etc...but congrats on a successful rally, I notice people are talking of another rally, here are my 2 cents :
1) Although the rally made news, the fact that ONLY 1000 people attended is not enuff for national coverage and common man- news.
2) A second rally should not just be one rally, it should be a rally across the country, every state, city, street. Fix up one date and one time where everybody in each state/city can meet, if you live in falls church and have a volunteer to organize the meeting, meet up there with some slogans, if u can do it downtown NY with even 100 people, thats great..but it all has to be co-ordinated, just think of the impact if at 2PM EST, 11AM PST and 12PM CST on one particular day... every legal immigrant worker is on a rally and this gets publicized..i know it sounds far fetched...but little wonder, the illegals all gathered up in large numbers and were able to get legal in 2003-2004....can we educated folk learn something there ?? i can volunteer for my area (west coast, southern california)..any takers ?
1) Although the rally made news, the fact that ONLY 1000 people attended is not enuff for national coverage and common man- news.
2) A second rally should not just be one rally, it should be a rally across the country, every state, city, street. Fix up one date and one time where everybody in each state/city can meet, if you live in falls church and have a volunteer to organize the meeting, meet up there with some slogans, if u can do it downtown NY with even 100 people, thats great..but it all has to be co-ordinated, just think of the impact if at 2PM EST, 11AM PST and 12PM CST on one particular day... every legal immigrant worker is on a rally and this gets publicized..i know it sounds far fetched...but little wonder, the illegals all gathered up in large numbers and were able to get legal in 2003-2004....can we educated folk learn something there ?? i can volunteer for my area (west coast, southern california)..any takers ?
more...
sonia_sd
08-07 05:13 PM
I had been there in US for 7 yrs (3 yrs in L2->1yr out of US->4 Yrs in H1B). Saw the myths and tragedy of US GC process very closely. Didn't want to spoil peace of life and my hard earned money with USCIS and lawyers:mad:. Didn�t look at the US GC application and applied for Canadian PR. Came to Canada with PR last year from US. Peacefully settled in Toronto with nice job and benefits, bought my brand new car 4 months back. Nice and friendly people and government. Happy to be in Canada. No more stamping issues, tons of junk paper works, consulate visit PA and wired look from immigration officers at POE�. enough�. I am not going back to US even for a visit in next 5 yrs..�
But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D
To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
Just my 2 cents.
Hello PAL, You are 100% right - here is my full support to your argument !!
But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D
To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
Just my 2 cents.
Hello PAL, You are 100% right - here is my full support to your argument !!
2010 miranda lambert fat.
alterego
09-20 06:35 PM
I have to admire the unbelievable energy and commitment of you guys. Especially those who organized the rally and to some extent those who attended it from far away are probably tired and catching their breath!
We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.
I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.
A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.
One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.
All ideas should be collected here in this thread.
We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.
I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.
A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.
One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.
All ideas should be collected here in this thread.
more...
axp817
05-19 01:43 PM
Thank you. Right after I'm done typing this, I am clicking on the contribution button to contribute towards this initiative.
This will be in addition to the $200 I just pledged to help (airfare, hotel) members travelling to DC, and the recurring contribution that I'm signed up for since 2006.
I am not wealthy, I don't have a ton of disposable cash lying around. I just want my green card, and I want it now. Actually no, I wanted it yesterday.
If a few thousand dollars in advocacy contributions help me get my green card faster, and helps other qualified, deserving candidates in the years to come, I'll gladly invest in that karma.
Everyone, please do this, and help your own selves.
This will be in addition to the $200 I just pledged to help (airfare, hotel) members travelling to DC, and the recurring contribution that I'm signed up for since 2006.
I am not wealthy, I don't have a ton of disposable cash lying around. I just want my green card, and I want it now. Actually no, I wanted it yesterday.
If a few thousand dollars in advocacy contributions help me get my green card faster, and helps other qualified, deserving candidates in the years to come, I'll gladly invest in that karma.
Everyone, please do this, and help your own selves.
hair miranda lambert fat photos.
jayleno
06-30 04:49 PM
This is very interesting. Please keep us posted on future developments like when you get your card. Lot of us have been debating about RD and ND. The fact that you have got an RFE on your 485 application is also interesting. It could really be your GC.
Have you recently applied for you EAD? They might have approved your EAD and updated your status for the 485 app by mistake. Just trying to over analyze the situation :). Anyway keep your fingers crossed till you get your physical cards.
Earlier today I got an email from USCIS that said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 29, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Then by the evening my I-485 said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Problem My EB2 PD is not current, is this a system glitch or did I get GC?
Here are my stats
PD 2007/ India
Arrived on H4 Sept 1997
Change to F1 Jan 1999
Change to H1B Sept 2004
Applied extension Sept 2007
Applied for PERM June 2007
PERM Approved June 2007 EB-2 (approval in 4 days)
filed I-140, I-485 in the July madness
I-140 RFE March 2008
I-140 Approved May 2008
I-485 RFE May 2008
I-485 Approved June 30, 2008
Have you recently applied for you EAD? They might have approved your EAD and updated your status for the 485 app by mistake. Just trying to over analyze the situation :). Anyway keep your fingers crossed till you get your physical cards.
Earlier today I got an email from USCIS that said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 29, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Then by the evening my I-485 said
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On June 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
Problem My EB2 PD is not current, is this a system glitch or did I get GC?
Here are my stats
PD 2007/ India
Arrived on H4 Sept 1997
Change to F1 Jan 1999
Change to H1B Sept 2004
Applied extension Sept 2007
Applied for PERM June 2007
PERM Approved June 2007 EB-2 (approval in 4 days)
filed I-140, I-485 in the July madness
I-140 RFE March 2008
I-140 Approved May 2008
I-485 RFE May 2008
I-485 Approved June 30, 2008
more...
amitjoey
05-20 10:54 PM
Please send this to your friends and family.
hot Big Fat Liar 2002 DVD
vbkris77
03-05 10:01 AM
I don't know if we stand a chance to define anything here. But if it is requested, I guess, they should give it. But help with Sorting, Are we asking them the actual list or just aggregate numbers?
more...
house Gallery | hillary scott miranda lambert fat
vchenna
07-20 01:29 PM
Hi ,
I have a my my case in pending state for H1B transfer from company A to company B.
Pending status h1b with company B.
From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.
Can someone try to help me on it:(
I have a my my case in pending state for H1B transfer from company A to company B.
Pending status h1b with company B.
From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.
Can someone try to help me on it:(
tattoo miranda lambert fat photos. Miranda Lambert- Did she eat a
chanduv23
09-25 12:59 PM
http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
"Professional Conduct for Immigration Practitioners -- Rules and Procedures"
On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).
The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.
This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.
GENERAL PROVISIONS
This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.
Agency Jurisdiction
Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).
Disciplinary Process
Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.
Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.
Hearing and Appeal
If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.
If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.
When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.
Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.
GROUNDS FOR IMPOSING SANCTIONS
Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:
Charging a grossly excessive fee;
Engaging in bribery or coercion;
Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
Engaging in contumelious or obnoxious conduct;
Has been convicted in any State or Federal court of a serious crime;
Falsely certifying a copy of a document as being true and complete;
Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
IMMEDIATE SUSPENSION
Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.
REINSTATEMENT
A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.
FORMS
There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:
EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.
EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.
Continued in next post
"Professional Conduct for Immigration Practitioners -- Rules and Procedures"
On June 27, 2000, the Department of Justice published a regulation in the Federal Register (at 65 FR 39513) concerning professional conduct for attorneys and other representatives (practitioners) who practice before the Board of Immigration Appeals (BIA), the Immigration Courts, and the Department of Homeland Security (DHS) (formerly known as the Immigration and Naturalization Service).
The regulation, which was effective on July 27, 2000, explains procedures for filing and investigating complaints and for conducting disciplinary proceedings against practitioners who may be subject to sanctions. Its purpose is to protect the public, to preserve the integrity of all immigration proceedings and adjudications, and to maintain high professional standards among practitioners.
This fact sheet outlines the major regulatory provisions and answers certain questions that may arise among prospective complainants and practitioners.
GENERAL PROVISIONS
This professional conduct regulation applies to every private immigration practitioner authorized to practice before the Executive Office for Immigration Review (EOIR) and DHS (including attorneys, accredited representatives, and law students, among others). This rule does not apply to Government attorneys, such as DHS trial counsel, because they are subject to separate regulations and disciplinary procedures.
Agency Jurisdiction
Each agency has jurisdiction over practitioners who appear before their respective tribunals. The Office of the General Counsel in EOIR will investigate and prosecute ethical complaints against practitioners involving alleged misconduct associated with practice before the Immigration Courts and the BIA. DHS will investigate complaints involving alleged misconduct associated with practice before DHS (e.g., asylum, adjustment of status, visa petitions, etc.).
Disciplinary Process
Any individual who believes that an immigration practitioner has engaged in criminal, unethical, or unprofessional conduct may file a complaint with the agency with jurisdiction (EOIR or DHS). The complaint must be in writing and include relevant names, dates, locations, and other details sufficient to clearly identify the offending conduct or behavior.
Upon receipt of a complaint, or on its own initiative, the agency with jurisdiction will conduct a preliminary inquiry to determine the merits of the complaint, informing both the practitioner and the complainant of any action taken. The office will dismiss without further action any complaint that is found to have no merit. The office may close a preliminary inquiry if the complainant fails to cooperate or provide reasonable information or assistance. During the preliminary inquiry, the complaint remains confidential unless the practitioner waives the right to confidentiality.
Hearing and Appeal
If a complaint is found to have merit, the agency with jurisdiction will issue a Notice of Intent to Discipline (NID) to the practitioner. The practitioner must respond to the NID within 30 days and may request a hearing. A practitioner’s failure to respond to the allegations in the NID in a timely manner may be treated as an admission of misconduct and a forfeiture of the right to a hearing. The BIA will then issue a final order imposing the sanctions recommended in the NID.
If a complaint about criminal conduct is found to have merit, it may also be referred to appropriate investigative or prosecutorial authorities within the Department of Justice or DHS. Complaints about unethical or unprofessional conduct may also be referred to appropriate local government or licensing authorities.
When a practitioner requests a hearing, the Chief Immigration Judge will appoint an Immigration Judge as the adjudicating official who will conduct a hearing and render a decision in the case. The adjudicating official shall not be an Immigration Judge before whom the practitioner regularly appears or who has intervened as a complainant or witness in the matter. The disciplinary hearing generally is open to the public.
Either party may appeal an adjudicating official’s decision to the BIA within 30 days. The BIA will conduct its appellate review of disciplinary decisions in the same way it reviews appeals of decisions in immigration proceedings. Final administrative orders in disciplinary cases are also subject to Federal judicial review.
GROUNDS FOR IMPOSING SANCTIONS
Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:
Charging a grossly excessive fee;
Engaging in bribery or coercion;
Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
Engaging in contumelious or obnoxious conduct;
Has been convicted in any State or Federal court of a serious crime;
Falsely certifying a copy of a document as being true and complete;
Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.
IMMEDIATE SUSPENSION
Provisions in the regulation permit the BIA to immediately suspend a practitioner who has been subject to either disbarment, suspension, or resignation with an admission of misconduct, as imposed by a State or Federal court, or conviction for a serious crime (including any felony). Thereafter, a summary proceeding will be conducted to consider imposition of any final discipline.
REINSTATEMENT
A reinstatement procedure will permit a practitioner to regain authorization to practice once his or her period of suspension before EOIR has expired or, as provided in limited circumstances under the rule, when the period of suspension has not yet expired. Prior to any reinstatement, the practitioner will be required to request reinstatement with the BIA and to provide evidence of good standing in his or her licensing jurisdiction.
FORMS
There are four EOIR forms in connection with the regulation concerning Professional Conduct for Practitioners:
EOIR-27 “Notice of Entry of Appearance before the BIA” – Practitioners must file the EOIR-27 to enter an appearance with the BIA. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the BIA,
Provide the represented alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the BIA, including the manner in which a practitioner may properly withdraw from a proceeding.
EOIR-28 “Notice of Entry of Appearance before the Immigration Court” – Practitioners must file the EOIR-28 to enter an appearance with the Immigration Courts. The form is used to:
Determine whether or not a practitioner is authorized under the regulations to represent aliens before the Immigration Court,
Provide the alien an opportunity to expressly consent to the practitioner’s representation and to the release of EOIR records to the practitioner where required by law, and
Formally notify DHS and EOIR of such representation.
In addition, the form provides information regarding appearances and representation before the Immigration Courts, including how a practitioner may properly withdraw from a proceeding.
Continued in next post
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akred
02-12 02:32 AM
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.
dresses Miranda+lambert+fat
clif
04-28 10:54 AM
Thank you IV and the IV Community.
Contributed $100. (8K977573P7306562V)
Contributed $100. (8K977573P7306562V)
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eb3_nepa
05-25 11:49 PM
Just I485:
Isn't just I485 receipt enough -
c. If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application
( (a) AND (b) ) OR (c)
+ Photographs:
...or if you are in the United States and filing for advance parole document.
You must submit two identical color photographs of yourself taken within 30 days of the filing of this application.
(Photo spec on page 5 of http://www.uscis.gov/files/form/I-131instr.pdf)
Alongwith I131 and US$305
Note: When I filed EAD, I didn't do over documentation (refer to http://immigrationvoice.org/forum/showthread.php?t=18737). In case of AP also overdocumentation should not be required.
I am not sure what you mean...
Isn't just I485 receipt enough -
c. If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the adjustment application
( (a) AND (b) ) OR (c)
+ Photographs:
...or if you are in the United States and filing for advance parole document.
You must submit two identical color photographs of yourself taken within 30 days of the filing of this application.
(Photo spec on page 5 of http://www.uscis.gov/files/form/I-131instr.pdf)
Alongwith I131 and US$305
Note: When I filed EAD, I didn't do over documentation (refer to http://immigrationvoice.org/forum/showthread.php?t=18737). In case of AP also overdocumentation should not be required.
I am not sure what you mean...
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desi3933
03-20 11:06 PM
My 'Employer #2' H1B I-94 and 'Employer X' H1B I-94 numbers matches with I-94 number that I got at 'POE'.
Receipt Data is July-2006 for 'Employer X' H1B.
......
Could you please provide following info
1. I-797 dates for Employer 2 and X
2. Last Date of entry in USA
3. Date when I-485 was filed
I-94 number being same does not mean much. One can have same I-94 number for COS from H1 to F1. On the other hand, one can have different I-94 with H-1B transfer. Typically, H-1B transfer means new H-1B petition for the beneficiary who is/was in H-1B status and is not subject to H-1 cap.
If beneficiary's initial H-1B was counted against cap in last 6 years, then subsequent H-1B petitions are not subject to cap and usually referred as H-1B transfers.
___________________
Not a legal advice
Receipt Data is July-2006 for 'Employer X' H1B.
......
Could you please provide following info
1. I-797 dates for Employer 2 and X
2. Last Date of entry in USA
3. Date when I-485 was filed
I-94 number being same does not mean much. One can have same I-94 number for COS from H1 to F1. On the other hand, one can have different I-94 with H-1B transfer. Typically, H-1B transfer means new H-1B petition for the beneficiary who is/was in H-1B status and is not subject to H-1 cap.
If beneficiary's initial H-1B was counted against cap in last 6 years, then subsequent H-1B petitions are not subject to cap and usually referred as H-1B transfers.
___________________
Not a legal advice
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waitin_toolong
09-17 04:10 PM
The cutoff dates are listed for individual countries only if they make up more than 7% of total visas for that year. In case of rest of the world the numbers are not impacted by per country limits so they are not listed separately. So all these applications are part of the same pool and not as retrogressed as the listed countries.
gbarquero
09-04 01:25 PM
Very good. If I can go, I am sure you can go too. If I can afford to buy some plane tickets, you can too. If I can take a day off, you can do it too. This little time and money is nothing compared to your next few visits to your attorney's office when is time to renew that I am sure you're tired of doing.
I want to do it for my family, you do it for your family and then educate somebody else so they can go too. Next thing you know, we'll be a lot and we'll be heard.
If you don't go to D.C. you'll feel bad when you see that we succeeded and you did nothing about it!!!! just taking a "free ride" All of us are enjoying the results from the flower campaign and the S.J. rally. So we know we can do it again.
When you get your GC faster than expected, you'll feel so guilty.
We'll be there, I want to be proud that I did my part!!!!!
Thank you guys!!!
I want to do it for my family, you do it for your family and then educate somebody else so they can go too. Next thing you know, we'll be a lot and we'll be heard.
If you don't go to D.C. you'll feel bad when you see that we succeeded and you did nothing about it!!!! just taking a "free ride" All of us are enjoying the results from the flower campaign and the S.J. rally. So we know we can do it again.
When you get your GC faster than expected, you'll feel so guilty.
We'll be there, I want to be proud that I did my part!!!!!
Thank you guys!!!
martiansoldier
07-21 03:42 PM
if you are a desi no reason for you to not know hindi mate....hamara bharat mahan
Well, I've got a few reasons.
1. I don't like the attitude that comes along with the people that speak it.
2. I just don't like the language.
3. I don't live anywhere close to a place where I must know Hindi to survive.
4. The Indian Constitution recognises English as a subsidiary official language.
5. If I have survived as long as I have without knowing Hindi, I'm sure I can survive without knowing Hindi for the rest of my life.
Thaai mannae vanakkam!
Well, I've got a few reasons.
1. I don't like the attitude that comes along with the people that speak it.
2. I just don't like the language.
3. I don't live anywhere close to a place where I must know Hindi to survive.
4. The Indian Constitution recognises English as a subsidiary official language.
5. If I have survived as long as I have without knowing Hindi, I'm sure I can survive without knowing Hindi for the rest of my life.
Thaai mannae vanakkam!
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