PARALEGAL HANDBOOK - OFFICE PROCEDURES

TYPES OF CASES WE COMMONLY HANDLE:

– Affirmative (Not in removal proceedings)

– Defensive (In removal proceedings)

  • Asylum/Withholding of Removal/Convention Against Torture (CAT)
  • Cancellation of Removal
  • Cuban Adjustment Act (CAA)
  • DACA
  • Relative Petitions – Adjustment of Status (in the US) – Consular Processing (outside the US)
  • Special Immigrant Juvenile Status (SIJS) (This has a Juv. Ct. component)
  • Surviving Spouse of US Citizen
  • TPS
  • U visa
  • Vawa

GLOSSARY OF TERMS

I-94                – Number/card given to people who either enter with a lawful entry, i.e.: B1/B2 visa, or to people who are paroled in at a port of entry.

AO                 – Asylum Office

Arriving Alien     –    People who present themselves at a port of entry

BIA                 –  Board of Immigration Appeals

Beneficiary     – Is the subject for whom the relief is filing (i.e. when a son/daughter files relative petition for parent – parent is the beneficiary).

CBP               –  Customs and Border Protection

COV               –  Change of Venue

DHS               – Department of Homeland Security

EAD               – Employment Authorization Card

EOIR              – Executive Office for Immigration Review

                      – ph# 1-800-898-7180

Erop               – Electronic Record of Proceedings

FOIA              – Freedom of Information Act

I/C                 –  Immigration Court

ICE                –  Immigration and Customs Enforcement                                                  (ICE ERO – Enforcement Removal Officer)

JMTR             –  Joint Motion to Reopen

JMTT             –  Joint Motion to Terminate

JUV. CT.        – Juvenil Court

MCH              – Master Calendar Hearing – Initial Hearing (they                                  could have two or three MCHs prior to trial

MTR               –  Motion to Reopen

MTS               –  Motion to Sever

Motion to

Recalendar     – When case is admin. Closed and want it back on

                          the I/C’s docket

 

Petitioner           –    With USCIS, filing a self-petition, or filing petition                            for relative (spouse/child/parent/sibling)

 

NTA                –  Notice to Appear – charging document in immig.

NBC                   –    National  Benefits Center

NOID             – Notice of Intent to Deny

NVC               – National Visa Center

Paper rop       – Paper Record of Proceedings

PD                  –  Prosecutorial Discretion (If granted, the case is                                   considered to be administratively closed – not                                   terminated, but held in abeyance.)

RCC                   –    Return Conformed Copy

RFE               – Request for Evidence

REINSTATEMENT ORDER – Prior removal and reentered unlawfully

Requestor      – FOIA – Request (We are the Requestor, cl is the

                          subject of the request)

 

Respondent   – Defendant in I/C, ICE

UAC               – Unaccompanied child/minor

USCIS            – United States Citizen and Immigration Services

U CERT          – U visa certification (supplement B)

 

In absentia removal orders are issued by I/C when cl does not present to ct for a hearing.

 

COMMON FORMS WE USE

 

E-26        Notice of Appeal BIA (blue paper)

E-27        Notice of Entry/Appearance as Atty for BIA (yellow paper)

E-28        Notice of Entry/Appearance as Atty for I/C (online, if on                         paper then blue paper)

G-28        Same for DHS (white paper) and for USCIS (blue)

E-33/BIA Cl’s change of address to file with BIA (pink paper)                         serve on DHS  

E-33/IC   Cl’s change of address to file with I/C serve on DHS

                (blue paper)

 

I-130        Relative Petition (petitioning spouse, child, parent)

I-130A      Spouse of Relative Petition must file

I-192        Advanced Permission to Enter (we use it in uvisa cases)

I-360        We use it for SIJS & VAWA mainly

I-485        Adjustment of Status/Residency Application

I-485        Same as above, but for cls who qualify under INA§ 245i

I-589        Asylum, Withholding of Removal, CAT applications

G-639      Freedom of Information Act

I-693        Medical Exam

I-765        Employment Authorization

I-821        TPS

I-821D     DACA

I-864        Affidavit of Support

I-912        Fee Waiver      

I-918        Uvisa Application

I-918 Supp A – Uvisa Application for Derivative

I-918 Supp B – Uvisa Certification – done by DA/JUDGE/POLICE

 

I/C; BIA; and USCIS Policy Manuals as well as Filing Instructions and Fees are constantly changing

It is imperative to check USCIS and Department of Justice websites (manuals) for specific form instructions at least once a month when preparing a case.

STANDARD PROCEDURES - INFORMATION

 

  • Affirmative cases are cases where the cl is not in removal proceedings. We deal directly with USCIS.

 

  • Defensive – NTA has been filed with I/C; if we are asking the I/C for relief, we file the original application with the court such as I-589. If we are asking USCIS for relief, then we filed the original application/petition with USCIS; i.e.: I-360 for SIJS; I-821D for DACA; etc., and a copy with the court. EXCEPTION: We do not file copies of VAWA application with I/C as those cases are confidential; we can only file VAWA receipts and prima facie letters with the Court.

 

  • Everything we file with BIA or I/C, must be served on DHS.

 

  • Everything we file with BIA or I/C, must be two-hole punched on top and be paginated.

 

  • When filing motions with the I/C or BIA and we are attaching supporting documents:

 

  • We file the original motion with the I/C or BIA and copies of the supporting documents.

 

  • The exception to this is Client’s sworn statement if written on 8.5 x 11 paper and Psychological evaluation, Therapist reports, etc.

 

  • If we are asking the I/C for relief, i.e.: I-589, AOS – I-485, then we file the original form with the I/C, but we still file copies of all supporting documents.

 

  • G-28 – for DHS white paper because we will serve it electronically – Also when submitting a copy to USCIS NE, white paper. All other G28s are printed on blue paper!

 

  • To assemble a case to be filed with the I/C or BIA:

 

If the client – known as a “Respondent” before the Court has a paper record of proceeding (Paper rop), this means that we cannot upload the documents electronically to the court, only our E28. Thus, we will assemble the documents as follows:

 

  1. Copy original motion and all supporting documents

 

  1. Make an extra copy of 1st page of motion and relief application/petition, i.e.: I-589, AOS – I-485, etc.

 

  1. For I/C write Return Conformed Copy on upper right hand corner of 1st page of motion and relief application/petition, i.e.: I-589, AOS – I-485, etc.

 

  1. For BIA, write Conformed Copy Return to Sender on upper right hand corner of 1st page of motion and relief application/petition, i.e.: I-589, AOS – I-485, etc.

 

  1. Provide self-addressed stamped envelope for I/C or BIA to return stamped copies

 

  1. Once everything is copied, prepare file to serve DHS electronically. We use the green paper exhibit sheets to separate the exhibits for DHS.

 

  1. Scan file to my computer and yours, serve DHS

 

  1. Prepare packet to mail to I/C or BIA, use the white tab dividers – Make sure the entire packet is two-hole punched, including the tab dividers and motion/brief, etc. Staple the Motion, 2 hole-punch, and place on top of exhibits, use binder clip only to keep filing together. Add the return copies and self-addressed, stamped envelope, mail everything.

 

**** If the client has an electronic record of proceeding – (EROP) this means that we can upload all the documents electronically to the court or the BIA and we only have to serve the G-28 to DHS because the DHS has access to the EROP.**** With these types of cases we have to create a cover sheet, we do an electronic signature, use the green tabs and scan, but we do not have to make copies, we don’t have to mail anything, we don’t have to serve DHS separately, etc.

 

  1. Upload documents to CLIO (if cl is in CLIO) add notes to CLIO as to everything you did and date.

 

  1. After the case has been mailed, copy the USPS, UPS, or Fed Ex receipt, put client’s name on the copy, and put copy on mailing folder. On the original receipt you put client’s name, and also write “Copied & Filed” give it to me to give to Bill for invoices. (If a paper rop).

 

  1. Once we receive the RCC copies from either I/C or BIA, pull the mailing receipt out of the receipt file, scan everything to me and to you, upload to CLIO, place papers in cl’s file.

 

  • When starting a case with the I/C, we file E28 electronically if case is pending before the I/C, or E28 on paper if it is case we are trying to reopen. We also file Written Pleadings and E33 if client moved. All of these documents, plus G28, must be filed with DHS. The I/C does not get the G28.

 

  • When starting a case with the BIA, we file E27 electronically. Paper E26 (Notice of Appeal), and E33 for BIA if client moved. All of these documents, plus G28 (white paper), must be filed with DHS. The BIA does not get the G28.

 

  • Sometimes a cl will have had a CBP or ICE encounter and will be issued an NTA, but that NTA is not filed with the immigration court; therefore, they are NOT in removal proceedings and his/her case would be considered an affirmative case. (However, we must check with EOIR 800# weekly in the event the NTA is filed with the I/C).

 

  • Under Federal Law, whenever a cl. has a case before the immigration court or the BIA, if he/she changes address, he/she must provide notice of change of address (E-33) within five days of moving. This hardly ever happens. When we complete the E-33 and send it to the court or BIA, we must serve a copy of DHS via e-service: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

  • The front person/receptionist/secretary.... keeps a list of all clients with changes of address; she gives us the updated list weekly, and we use it to update in CLIO and Cerenade. (The Cerenade portion is tricky, and it will be explained later.)

 

  • If you are meeting with a client in your office to review documents, etc., and the client informs you that he/she has moved, then please provide that information to the front person to enter on her list.

 

  • Whenever you have contact with a cl, whether to answer a question, review documents, etc., please log the contact in CLIO under notes. If it is one of the older cases and not on CLIO, then complete cl contact log sheet.

 

  • Whenever we receive an RFE – we must enter it on CLIO’s calendar under cl’s matter on due date. Then also enter a reminder date at least 30 days prior whenever possible. Contact cl regarding the RFE and give cl 1 to 2 weeks to comply max. Send cl a follow up letter. – Enter all info re contact, ltr, etc. on CLIO’s notes, upload docs. Leave file out where visible with RFE paper-clipped on top as a daily-visual reminder.

 

  • Once cl complies with RFE and have drafted cover letter to USCIS or NVC, make copies, scan, upload to CLIO, 2 hole punch copies, place in cl’s file. Mark COMPLETED on CLIO’s calendar.


 

STARTING A NEW CASE

 

  • We have a consult, either office, via phone, zoom, etc. If client is thinking about retaining us, but he/she is not 100% certain yet, we typically give the client the questionnaire (in the pertinent language) to complete at home and the list of documents needed for that type of case. If it is a relative petition, ie.: A spouse is petitioning another spouse, a son/daughter petitioning a parent, vise versa, with give one questionnaire to petitioner and one to the beneficiary.

 

  • We inform the client that it is imperative that he/she brings the completed questionnaire with the “essential” documents to the next meeting if he/she decides to retain our services. If the client decides to retain us and sign the contract right there and then, then of course we give these documents to client towards end of meeting.

 

  • The “essential” documents to begin most cases are all immigration documents within their possession; all available documents proving identity; civil status: marriage, divorce, widow/er, etc.; proof of schooling for children; proof of employment if readily available, etc. Support letters and personal declarations can be provided later on in the process as they are not “essential” for us to commence our representation.

 

  • Once client (cl.) signs contract and pays retainer:

 

–   create label for file

  • Copy originals that need to be returned to client (taxes, original bcs/marriage license, etc.)

 

  • Scan and organize documents (intake, questionnaire, notes, etc. - - on the left, immigration -- on the right)

 

  • If we are representing multiple parties; i.e.: mother and child(ren), and are filing for multiple forms of relief, i.e.: asylum and SIJS, may want to go ahead and create a file for mother and file for child(ren). Same organization as above applies.

 

  • Make sure client has fully completed questionnaire, if not remind them to mail it in or bring it with them to their next appointment.

 

  • Create contact and matter on CLIO

 

  • Upload documents to CLIO

 

  • Enter all the information from questionnaire and immigration docs, bc, passport, etc., on Cerenade

 

  • If the cl. already has an MCH or Individual in Immigration Court, enter that information on CLIO’s calendar and then enter reminder dates (explained later on)

 

  • If cl. has NTA, but no hearing notice from I/C, call EOIR to check if he/she/they has/have upcoming hearing or whether they have an in-absentia order.

 

  • If cl. changes address or ph #, need to enter new address on CLIO (then in Cerenade – this will be explained later on)

 

  • Always notate in CLIO the work you have completed thus far on each case.

 

  • Everyone 14 yrs of age and older must sign his/her own applications/petitions/written pleadings.

 

  • For children under the age of 14, a parent or guardian must sign.

 

 

AFFIRMATIVE ASYLUM

As previously stated, we handle affirmative and defensive asylums.

Affirmative Asylum

 

  • Either cl never had an immigration encounter or NTA has not been filed with the immigration court, must call EOIR 800# weekly to stay on top of I/C hearing date. Also for UACs, explained below.

 

  • Upon signing of contract, follow steps above for new clients.

 

  • If emergency, i.e. 1 yr filing deadline is fast approaching, then we need to start I-589 asap. If not an emergency, we will give client a date to come review and sign documents in a week or two depending on our case load at the time and depending on how soon the cl will have 2nd half of retainer.

 

  • Make sure you entered all information from questionnaire and immigration documents, bc, passport, etc., in Cerenade. Create case and choose I-589 and G28.

 

  • Complete I-589 and G28 (remember to print G28 on blue paper) for USCIS and while waiting for cl to come review and sign, organize file by scanning documents, placing them in the file, uploading to CLIO, etc.

 

  • At this time the two passport photos requirement has been removed by the previous administration; however, it may be reinstated at any moment. The rule was always: 2 passport-type photos for each person applying for asylum or included as a derivative in an asylum application.

 

  • Draft instruction letter for cl to begin preparing for case and will hand letter to cl when he/she comes to review and sign I-589.

 

  • If multiple family members are signing for asylum, then any one ages 14 and over needs to come to the office to sign.

 

  • Draft cover letter to the corresponding USCIS office. We ask for an interview in Nashville on their next circuit ride.

 

  1. We include original I-589 plus two copies
  2. G28, original plus one copy – Original on blue paper
  3. bc with translation – 2 copies
  4. 2 copies of entire passport if they have one, or photo ID
  5. If the cl is an unaccompanied minor, we also include the ORR sheet

 

  1. We inform USCIS that the filing will be supplemented at a later date when the supporting documentation becomes available.

 

  • Scan all documents to my computer and yours under I-589 affirmative packet.

 

  • Upload to CLIO; enter notes on CLIO of all work you have done

 

  • 2 hole-punch copies and place in cl’s folder
  • Mail packet to USCIS
  • Take USPS/UPS/FED Ex receipt, write cl’s name on top, make a copy, place copy in mailing folder that Bernice keeps on her desk. Write cl’s name on original receipt and give it to me.

 

  • In a few weeks (3-4) we will receive a filing receipt from USCIS, remove the copy of mailing receipt from folder, scan mailing receipt and USCIS receipt, upload to CLIO, notate CLIO, place in cl’s file.

 

  • We will then receive biometrics (fingerprint) letter for cl from USCIS, call cl, inform them of date, and if he/she/they don’t receive a copy of the letter themselves, then a few days before their appointment, they have to come pick up the letter from us. Make sure we made a copy for our file. CL needs to take original letter and photo ID to his/her biometrics appointment.

 

  • Once we receive I-589 receipt from USCIS, we enter that information on CLIO, scan and upload receipt, place it in cl’s file.

 

  • We will then put a reminder in CLIO’s calendar to have cl enroll in ASAP and to complete EAD (I-765) paperwork. We have to stay on top of the laws because this law is also in flux and currently we have to wait 365 days to file for EAD for anyone who filed I-589 after 8/25/20; however, there is a possibility that this law will revert back to only having to wait 150 days. Therefore, we will enter a reminder on CLIO’s calendar 145 days out from date of filing on the USCIS receipt to check current EAD guidelines on the USCIS site. ----Not sure if we are going to have to revert to this again, so hold on on this portion.”

 

  • After this point, it is just a waiting game, we wait for USCIS to schedule interview; this can take from 6 months to 3 yrs.

 

  • In the meantime, we stay on top of cl every couple of months to give us draft of his/her personal declaration.

 

  • We will review personal declaration and make recommendations for corrections and improvements if needed.

 

  • Once personal declaration is complete, then we have cl begin to collect sworn statements from home country, police reports, etc.

 

 

UNACCOMPANIED MINOR (UAC) ASYLUM

  • If a child enters the US without a parent, is under the age of 18, and single, ORR will typically classify him/her as a UAC.

 

  • The law is in flux right now as to whether the child loses the UAC designation once he/she is reunited with a parent in the US. During the Obama administration, the child maintained the UAC designation even after reunification with a parent. During the first Trump administration that changed, and same damaging case law came about. The Biden administration reverted back to the Obama years with regards to UAC, but Trump II is probably changing that again.

 

  • UAC designation is very helpful to children as they are not penalized for filing asylum after one year of entry and can file asylum with USCIS even if in removal proceedings, etc.

 

  • Having said that, if we have a UAC and DHS has not overturned the UAC designation, then we will file I-589 with the corresponding USCIS office. Under the current guidelines, the I-589 will be filed with different USCIS offices depending on whether the child is in removal proceedings.

 

  • We must read the USCIS guidelines when getting ready to file a UAC I-589.

 

  • We file all steps as we do for an affirmative asylum. However, if the child is under age 14, then a parent or guardian will sign documents.

 

  • If child is under age 12, then I do not have him/her prepare a personal declaration. We will have to work with child and parent/guardian to prepare for asylum interview.

 

  • Of course, if a child is 12 yrs old when we file I-589, he/she

may be over 14 by the time we get the hearing, so we will modify our procedures accordingly.

 

  • Follow same procedures for EAD, as for affirmative cases

 

 

 

 

Defensive Asylum

 

Sometimes, we file an affirmative asylum and a few months later, we receive a letter from USCIS stating they no longer have jurisdiction because the NTA has been filed with the immigration court. This case will now become a Defensive Asylum.

 

Sometimes a cl will come to us and he/she already has a MCH date. Depending on how soon the MCH is set for, determines how quickly we need to begin working on the case and the documents we need to file with I/C. So give appointment date to come and review accordingly.

 

You will need the questionnaire filled out completely in order to prepare these forms, so if cl hasn’t completed questionnaire, let cl know that you cannot start the work until he/she has completed questionnaire and given it to us. If cl can’t ready/write well, we may need to help him/her, this will expedite the process.

 

Remind cl to bring 2 passport photos for everyone who is applying for asylum, and entered as derivatives – only if this rule is reinstated.

 

For a typical Defensive Asylum case:

 

  • Create case based on the instructions for starting/creating a new case

 

  • Complete I-589 and G28 (white paper) for DHS

 

  • Complete written pleadings if cl has NTA, if cl doesn’t have NTA, we need to do a USCIS FOIA (G-639) and request the A file – will sign once cl comes to review

 

  • ALSO, if cl does not have NTA, complete a file request form for I/C and ask for the NTA(s), we will mail this to the I/C when we mail all of the other docs

 

  • If cl has moved, prepare E33

 

  • Draft instruction letter to cl for trial prep

 

  • If paper ROP, draft cover letter to I/C

 

  • DO NOT PRINT ANYTHING UNTIL CL COMES TO REVIEW AND SIGN

 

  • When cl comes back to review, once everything is correct on the I-589, print and sign. DO NOT FORGET TO HAVE CL SIGN ADDENDUM PAGES IF THERE ARE ANY

 

  • Print and sign G28(white paper), E33 (blue paper) (if there is one), and Written Pleadings (If MCH date is several months away, sign but do not date Written Pleadings, this way we can buy the cl more time.)

 

  • Print and sign FOIA, if applicable

 

  • Give cl trial prep instruction letter

 

  • Create E28 online, print a copy

 

  • Scan one document at the time with the appropriate labeling, i.e., Evelyn G28 for DHS, Evelyn E28; etc.

 

  • Remember that when scanning motions and notices with sup docs to DHS, we use the green sheet exhibit dividers

 

  • Serve everything on DHS, except Written Pleadings if MCH is several months away. You can serve all the documents at once to DHS, but need to upload one document at the time!

 

 

  • Remember to 2 hole punch all documents that have to be mailed to the court and the copies for our file.

 

  • Remember to provide self-addressed, stamped envelope for return of RCC if paper rop.

 

  • Assemble packet to be mailed to USCIS NE: Cover letter to USCIS, copy of 1st 3 pages of each I-589 (if multiple family members applying together and derivatives); copies of G-28s, DHS instruction sheet. - - This requirement was removed recently, but it may be reinstated.

 

  • Once everything is ready to be mailed out, enter notations on CLIO, upload all documents, enter EAD reminder on CLIO’s calendar per instructions on affirmative USCIS

 

  • Once you mailed everything, follow the instructions for copies of mailing receipts, etc.

 

  • The I/C’s procedures changed during COVID, not sure if they will remain the same or revert to pre-COVID

 

  • If the I/C’s procedures remain the same as during COVID, the I/C will give us a call-up date to file Written Pleadings if we have not done so yet. They may also give us a date to file Respondent’s (cl’s) personal statement and/or PSGs.

 

  • Based on the information on the previous bullet point, it is imperative we stay on client’s every month or so to work on personal declaration and give us a copy once he/she has reviewed its pers. decl. a few times.

 

  • If the I/C requests Written Pleadings and we do not have the NTAs, the I/C clerk hasn’t given us a copy of the NTAs, and the FOIA is not back yet, then we have to file a Motion to Continue Filing Deadline and explain all the effort into obtaining the NTA

 

  • If the I/C’s procedures revert back to pre-COVID, once the MCH date is a month or so out, then we will file a Motion to Vacate MCH and Set Merits Hearing; depending cl’s choice, we will either ask for 1st available trial date or reject 1st available

 

  • I will be communicating with cl regarding the pros and cons of asking for 1st available and rejecting 1st available trial dates and I will inform you as to cl’s preference.

 

  • Sometimes, once the I/C has given us a trial date (individual hearing date) it may also give us a call-up date for brief, sup docs, country conditions, etc.

 

  • If the I/C does not give us a call-up date, then everything has to be filed with I/C and served on DHS at least 30 days prior to trial

 

  • Based on the previous bullet point, it is imperative that we enter reminder dates on CLIO’s calendar, if cl is in CLIO, or in regular cell phone calendar if not in CLIO, so that we do not miss any filing deadlines!

 

  • I typically enter reminders on calendar as follows:

 

  1. Trial date on actual date,

 

  1. Date docs are due at I/C

 

  1. If we do not have a call-up date then, 9 months prior to trial date (when we have enough time), reminder to contact cl and see if pers decl is done and to send it to me for review and get working on obtaining sup docs from home country

 

  1. 6 mnths prior to trial date – same as b

 

  1. 3 mnths prior to trial date, reminder to send docs out to be translated

 

  1. 2 mnths prior to trial date, reminder to begin research and start working on brief

 

  1. 5 mnths prior to trial date, reminder to finish research and brief and get ready to mail

 

  1. IF WE HAVE CALL-UP DATE(s) then we must adjust the reminders accordingly
  2. Once each step is completed, DO NOT DELETE FROM CALENDAR, just mark DONE

 

  1. REMEMBER TO NOTATE CLIO on all the work you do in the case, including contact with cl

 

 

 

 

DACA

Since DACA has been reinstituted, we handle initial DACA and renewal DACA cases.

 

We start the case same as all other cases on CLIO and CERENADE.

Go to: https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca/filing-tips-for-deferred-action-for-childhood-arrivals to read the filing tips for DACA it has very important information as to what parts of the I-821D to complete for initial requests, what parts for renewal, and what parts for both.

Initial DACA Requests

We provide cl with a list of docs he/she needs to gather to prove school enrollment/attendance or graduation from HS in US.

 

  • Cl must completely fill out questionnaire.

 

  • Cl will also need to provide 2 passport photos, photo ID, records of living in the US since at least June 15, 2007 (school records, taxes, vaccination and medical records, etc.)

 

  • Cl will need to provide financial need: list of income, assets, expenses (This information will be entered on form I-765WS

 

  • Complete I-821D, I-765, I-765WS, G-28 (blue paper) –DO NOT PRINT ANYTHING UNTIL CL COMES TO REVIEW AND SIGN

 

  • Draft cover letter to USCIS

 

  • We must check the USCIS website to verify current fees, current edition dates, any changes to procedures, etc. Things change very quickly in immigration law; thus, we must stay up to date on changes, new laws, new regs, etc.

 

  • If cl committed a crime, need to do a crime chart and print TCA statutes and cl has to obtain certified disposition of case.

 

  • Cl will also need to provide 2 passport photos, phot ID, records of living in the US since at least June 15, 2007 (school records, taxes, vaccination and medical records, etc.)

 

  • After reviewing and signing, enter in CLIO all the work you have done

 

  • Scan all the docs and upload to CLIO

 

  • Copy docs for USCIS.

 

  • Assemble packet:
  1. Cover letter
  2. G-28 (blue paper – original)
  3. I-821D (original)
  4. I-765 with money order and 2 passport photos (original
  5. I-765ws (original)
  6. Bc with translation (copy)
  7. Passport or photo ID (copy)
  8. All sup docs (copies, unless certified dispo of crim charges)

Current DACA - Guidelines

You may request DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012, meaning that:
    • You never had a lawful immigration status on or before June 15, 2012, or
    • Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Age Guidelines

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

 

 

DACA Renewals Per USCIS:

If cl is already an established cl with us and we either filed their initial DACA request or last renewal, chances are he/she is already in Cerenade, but may not be in CLIO, so enter matter in CLIO.

  • See instructions for renewals below from USCIS, we only need 2 passport photos and front and back copy of last EAD, plus I-821D, I-765, I-765WS, G28 (on blue paper), and filing fee.

 

  • We need income/assets/expense statement from cl to enter on I-765WS.

 

  • We do not need anything else, unless cl was charged with a crime after last renewal, if this is the case, we will need to do criminal chart, print TCAs and have certified disposition of the charges.

 

  • Draft cover letter to USCIS

 

  • Check filing fees at USCIS site for up-to-date fees.

 

  • Once cl’s reviews and signs, assemble packet, mail to USCIS, scan and upload to CLIO, enter notes on CLIO

 

  • Assemble packet:
  1. Cover letter
  2. G-28 (blue paper – original)
  3. I-821D (original)
  4. I-765 with money order and 2 passport photos (original
  5. I-765ws (original)
  6. Front and back of current EAD
  7. Crim docs if applicable

Who Can Renew (This is current, but may change at any time – please stay abreast of changes in laws, procedures, regs, etc.)

You may request a renewal if you met the initial 2012 DACA guidelines and you:

  • Did not depart the United States on or after Aug. 15, 2012, without advance parole;
  • Have continuously resided in the United States since you submitted your most recent DACA request that was approved; and
  • Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

Please note, if you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA. If you are filing beyond one year after your most recent period of DACA expired, you may still request DACA by submitting a new initial request.

When to Renew

USCIS’ current goal is to process DACA renewal requests within 120 days. If  your renewal request has been pending more than 105 days and you have not heard from us, please feel free to contact us.

Please contact us through the USCIS Contact Center or by sending a message from your USCIS online account inbox.

How to Renew

  • Complete and sign:
  • Follow the instructions on all three forms to submit them to USCIS. Make sure you submit the correct fees.

Additional Documents

Do not submit any additional documents at the time you request renewal unless:

  • You have newdocuments involving removal proceedings or criminal history that you did not already submit to USCIS in a previously approved DACA request.

For more information, please visit the DACA Renewal Tips page.

USCIS may request additional documents or statements to verify information provided in support of requests for renewal of DACA. We may contact other government agencies, education institutions, employers, or other entities in order to verify information. USCIS may deny your renewal request if you do not respond to a Request for Evidence in a timely manner.

If you knowingly and willfully provide materially false information on Form I-821D, you will be committing a felony punishable by a fine or up to five years in prison, or both (see 18 U.S.C. Section 1001 (PDF).) In addition, you may be placed into removal proceedings.

Last Reviewed/Updated:

01/12/2021

 

 

 

 

 

 

SPECIAL IMMIGRANT JUVENILE STATUS – SIJS

 

We have affirmative and defensive SIJS cases

 

Sometimes we have clients to whom ICE has issued an NTA, but has not filed it when we start the case.

 

SIJS Affirmative Cases:

 

  • Either child never had an immigration encounter or NTA has not been filed with the immigration court, must call EOIR 800# weekly to stay on top of i/c hearing date.

 

  • Upon signing of contract, follow steps above for new clients

 

  • If child is about to age out (turn 18), we need to request an emergency hearing date (Davidson, Wilson, Sumner, etc., it is very difficult to get emergency hearings in Rutherford Cnty.)

 

  • If emergency, then we need to start guardianship petition asap. If not emergency, we will give client a date to come review and sign guardianship in a week or two depending on our case load at the time.

 

  • For mothers, I usually draft a petition for sole-legal custody; for fathers and third parties, I typically do a petition to establish a guardianship. If the case is in Chancery Court, ie: Sumner Cnty, we just do a petition to establish a guardianship regardless if petitioner is mother, father, or third party.

 

  • Remind guardian he/she needs to bring photo ID for notarization purposes. If guardian did not bring child’s bc, proof of school enrollment/attendance, immigration paperwork (ORR sheet and NTA), need to inform guardian he/she must bring that at the next hearing, and the money for the filing fee. Bernice has a list of filing fees. Enter all that information on the CLIO calendar so that we stay on top of it. Exception: if we have a guardianship petition for another attorney, then they are NOT our SIJS client and we DO NOT Enter on CLIO, but still need to enter reminders on cell phone calendar.

 

  • Draft guardianship petition, order, translate bc, and if parent(s) overseas and can obtain email address, prepare Spanish and English waivers of service. DO NOT PRINT ANYTHING UNTIL CLIENT RETURNS TO REVIEW AND SIGN. Once we review and sign, then make copies for the juv ct and for the cl’s file, but do not staple anything, the clerks like them paper-clipped so they are easier to scan.

 

  • If in Davidson Cnty, we need to prepare a Data Sheet, Bernice usually prepares those.

 

  • To assemble to filing for the Juv. Ct. in Davidson, Wilson, and Putnam Counties:

 

  1. Petition on top followed by
  2. bc with translation followed by
  3. proof of school attendance/enrollment followed by
  4. ORR sheet (if unaccompanied minor) and NTA if in removal proceedings
  5. If no service, i.e.: parent is deceased or whereabouts are unknown, then we also place the order at the end
  6. In Rutherford Cnty and Chancery Court in Sumner Ctny, follow above steps, but don’t include the order, instead place motion to set initial hearing/waive GAL where the order would be placed
  7. In Rutherford Cnty, after we get hearing date, then file proof of service if we effectuated service, and motion to set final hearing along with proposed guardianship order. If parent’s whereabouts are unknown, we must file motion for publication and handle that before we file motion to set final hearing and guardianship order
  8. In all the other counties we just file proof of service and the order

 

  • I tell guardian to speak with parent(s) and have him/her/them go to a notario or abogado (attorney) and ask to use their email address so we can serve them via email with the waivers and entire juvenile court packet; must bring the email to the second meeting. If parent is in the United States, but outside of TN, guardian has to obtain mailing address so we can serve them via certified mail. If unable to obtain an address, in some Courts such as Rutherford and Putnam, will have to serve parent(s) via service by publication. I let parents know this will be very expensive and will take several months longer, and somehow, they always come up with an address.

 

  • Once we file with the court, we send guardian a brief letter stating petition has been filed and waiting on a court date, or if we already have the court date, then we send that information with court’s address, date and time of hearing, and explain that he/she and child(ren) need to be present at the hearing and to be there at least 15 minutes earlier.

 

  • Once we have a Petition number and court date, we enter all that information on both waivers, English and Spanish, and Order (Case #, Hearing Date) print the Spanish waiver, I will sign it; we scan everything to my computer and yours, and serve the parent(s). We let guardian know that waiver was sent to parent(s). If our client, update everything you have done on CLIO under notes, upload any scanned document. Also, if we did not have a hearing date at the time we sent guardian the first letter, now we call them to let them know hearing date and time, and follow up with a letter with all corresponding information.

 

  • Enter a reminder on CLIO or cell phone for a week or two out to see if waiver has come back. If it hasn’t, contact guardian; if it has, print it, correct English Waiver as to date when parent(s) signed, and whether they place thumb print and had it notarized, and print everything.

 

  • If NOT our client, scan and send everything to referring attorney. If it is our client, make an extra copy for the court so I can take it with me on the day of the hearing.

 

  • If it is our SIJS client, prior to the Juv. Ct. hearing, prepare I-360 and G28 on Cerenade, you should have entered all of the client info on Cerenade by now.

 

  • Also, if the minor is NOT from one of the countries that have a backlog on priority dates for employment 4th preference category, CHECK VISA BULLETIN, then also prepare G28; I-485; I-765 under category C9; I-912 (fee waiver) if will ask for a waiver, if not, remind client to bring the proper fee in two money orders, and four passport photos. This way, I can take everything to Juv. Ct. and review and sign, or if big case load, will have client come to the office to review and sign.

 

  • If the cl is from one of the backlogged countries such as India, Mexico, Honduras, Guatemala, El Salvador, then we can only file I-360 with supporting documents, we cannot file I-485 & I-765, so no need for filing fee or photos. In a few weeks we will receive a receipt from USCIS for the I-360, so pull USPS receipt from file Bernice keeps, scan everything to my computer and yours, place in the cl’s file, upload scans to CLIO. The date USCIS received the I-360, is usually the priority date, enter that information on CLIO under notes and in calendar.

 

  • If doing a one-step AOS, (I-360, I-485, I-765 together) if client has criminal charges, we need to get certified disposition of all their charges even if they were in juv. ct. You also need to create a criminal charge chart, and print out the actual TCAs for all pending charges or charges where client pled guilty. Must include this with AOS packet.

 

  • Fees are always changing, so we have to go to the USCIS website and see what the current fees are for minor’s age. Currently, they are $1,225 for 14 and older, and $1,140 for under 14. They will need a money order for $1,000.00 and the other for the balance; I prefer they buy the money orders from the post office.

 

  • Once everything has been signed: I-360, I-485, I-765, I-912, G-28, then assemble packet. Include copy of bc with translation, predicate order (Order from Juv. Ct), passport or ID if he/she does not have a passport, cover letter, photos with the writing on the back (full name, A#, form # either I-485 or I-765), money orders payable to the US Department of Homeland Security, in the memo write client’s name, A# and forms: I-485 & I-765.

 

  • In a few weeks, USCIS will mail us receipts for all of the forms and fingerprint appointment letter. Client must take that letter and photo ID to USCIS for biometrics. Also, pull the USPS receipt(s) from the receipt folder Bernice has at her desk and scan everything to me and to yourself, place originals in cl’s file, upload all scans to CLIO.

 

  • The date USCIS received the I-360 is usually the priority date, the date we can file to AOS, but in the countries were the priority dates are current, we can do everything at once.

 

  • Scan everything to my computer and yours, upload to CLIO, mail to USCIS.

 

SIJS WHERE IT WAS AFFIRMATIVE WHEN WE STARTED, BUT NOW NTA HAS BEEN FILED, OR IT IS A DEFENSIVE CASE FROM THE START:

 

  • For these types of cases, we follow same procedures as for affirmative SIJS, except, if NTA was not filed when we started the case, we call EIOR 800# weekly to keep an eye on immigration court hearing date. If no I/C hearing up until time cl is ready to AOS, then we treat it as an affirmative case.

 

  • If child already has an I/C hearing date, then we have to determine how soon is the hearing, do we have time to take care of juv. ct docs, file I-360, and wait for receipt from USCIS for I-360, or do we need to file E28, G28, and Written Pleadings now.

 

  • If I/C hearing is coming up soon, besides filing initial forms, may also need to file motion to continue MCH and explain child will be filing for SIJS. Due to COVID, all of these procedures changed, so we will see how things are handled in the future.

 

  • Once we have I-360 receipt from USCIS, then we file copies of: I-360 receipt, I-360 petition, predicate order from juv ct, bc with translation and ID with the I/C. (This is provided child has an upcoming MCH).

 

  • If child is of working age, once the priority date is getting closer, prepare I-485 and I-765; if child is going to ask for fee waiver, then we will file a motion to waive fees with the I/C, but the court requires a lot more documentation than USCIS. To request a fee waiver with the I/C, we must have taxes for current year for every member of the home, receipts of expenses, assets, etc. If cl can’t provide all of that, then he/she must pay the filing fees. EXCEPTION: We cannot follow these procedures if child is classified as an Arriving Alien (AR). If child is an AR, ONCE READY TO AOS, WE WILL HAVE TO SEEK JMTT, SEND COPIES OF EVERYTHING TO I/C AND DHS, THEN ONCE I/C SIGNS ORDER, SEND EVERYTHING TO USCIS. (SEE BELOW FOR MORE DETAILS AS TO HOW TO GO ABOUT JMTT, ETC.)

 

  • If not an AR, mail the original I-485 to I/C plus an extra copy of 1st page with “return conformed copy” written on the upper right hand corner, self-addressed, stamped envelope to return filed copy (1st page only) and serve a copy of complete I-485 on DHS. Then mail a complete copy of the I-485 to USCIS with the money orders and cover letter. This is called Feeing it in. Need to also include DHS instruction sheet. Enter these dates on CLIO, when you did the work, when you mailed it out, and put a reminder on the calendar to check for receipt about 4 weeks out. Scan documents and upload to CLIO.

 

  • Once the receipt from USCIS arrives, keep original in the cl’s file, mail a copy of the receipt with Notice of Filing to I/C with an extra copy of receipt and of first page of Notice of Filing, each marked “return conformed copy” in red on the upper right hand corner; provide a self-addressed, stamped envelope for the Court to return a stamped copy. Serve on DHS.

 

  • After you mail those copies to the I/C, mail out I-765 to USCIS with cover letter, copy of fee receipts, 2 passport photos, bc with translation and photo id. Make copies for our file, scan to me and to yourself, upload to CLIO.

 

  • Once the I-360 is approved, and the priority date becomes current, we will ask the Court for an AOS hearing if the Court is giving hearing dates within a few months.

 

  • If I/C is giving AOS hearings within a couple of months, have cl get med exam done. File everything with the I/C including criminal chart if cl has charges and serve everything on DHS. Scan, upload to CLIO.

 

  • If the I/C is giving dates 3 yrs out, reach out to duty atty at DHS, ask if the Department will join us on a JMTT, attach copy of JMTT draft, and copy of approved I-360 notice. If the cl has criminal charges, follow same step as for affirmative cases, but will need to provide this information to DHS when asking to join us on the JMTT.

 

  • If DHS joins us, they well return signed JMTT, will have to assemble packet and send to I/C, don’t forget to include criminal chart if they have criminal charges. Place file in my office on stand-by until we receive order from the I/C terminating the case.

 

  • Once we receive order from the I/C terminating the case, then we have to assemble packet with cover letter and mail to USCIS; we will need to include a copy of the I/C order. We will also need passport photos (2 for I-485) and (2 for I-765 if filing one) and either fee waiver or fee payment. (Same procedure and assembly as affirmative SIJS case.

 

  • Scan and upload to CLIO, notate CLIO