AILA NY GOVERNMENT LIAISON MEETING

JANUARY 11, 2017

New York District Director

USCIS, DHS

Please provide an updated list of the current processing times for I-485, N-400, N-600, N-336, I-751, Stokes, VAWA, I-290B, SIJS, and other relevant applications at the district office.

New York Office / Queens Office / Long Island Office
I-485
N-400
N-600
N-336
I-751
Stokes
VAWA
I-290B
SIJS
I-212
  1. Contact information:
  2. Please provide updated organization charts with telephone numbers for all ISOs and SISOs for New York, Long Island City, and Holtsville. We would also like to request the email addresses of SISOs.
  3. Please advise if there have been any new hires or changes in staffing.
  4. Please provide an update to the list of leadership emails.
  1. While we understand that processing times for I-601 waiver applications will frequently depend on the facts of the case; does the District have a specific goal for processing these applications?
  2. Are I-601 waiver applications reviewed by the officers who conduct the initial interview?
  3. If not, with whom should attorneys follow-up for long pending cases?

Infopass

  1. Attorneys report that they continue to have problems scheduling InfoPass appointments. We understand that schedules are released two weeks out; but often fill up immediately. Attorneys have resorted to appearing for emergency appointments as a result.
  1. Does the District keep track of the types of InfoPass appointments for which attorneys most frequently appear?
  2. If so, are there alternative means by which attorneys can resolve issues to avoid the need to schedule an InfoPass (i.e., emailing supervisors, submitting documents directly to officers?
  1. Related this, attorneys have indicated that in Holtsville, as a courtesy, the officers would allow same day InfoPass appointments if the attorney was present that day for a scheduled interview. We have received reports that this is no longer the practice. While we appreciate the time constraints on officers in the InfoPass unit, we respectfully request that this practice be re-instated.

I-212 Filing Rules.

  1. Please provide local guidance and the procedures for filing an I-212 which must be adjudicated prior to filing an I-601A. At our last meeting in October the District indicated it was waiting for instructions from Headquarters. Our members are aware that the current procedure is to submit and fee in the I-212 application on the First Floor at 26 Federal Plaza, addressed to the District Director. The District will then issue a receipt notice, and the case will be adjudicated. Is this still the proper procedure? Please provide an update.
  1. For applicants who are within the jurisdiction of the Holtsville office; how can they file these applications? Are they required to be filed in person, or is there another way to file?
  2. If the individual doesn't have unlawful presence (unlawful presence tolled by asylum, for example) but needs only an I-212, where would we file?

Rescheduling

  1. We are grateful for the ability to reschedule interview appointments via email, but our members have still expressed concern regarding the timeframe with which to anticipate the new interview notice. We understand that rescheduling is based on availability in the District’s schedule. That said, at what stage should attorneys follow-up regarding the new interview date? To whom should attorneys address their inquiries?
  1. Some members have reported long pending naturalization cases, post-interview. INA §336(b) requires that cases be adjudicated within 120 days. In instances that are approaching the 120 day mark, with whom should attorneys follow-up?

General Questions

  1. We have received reports from some attorneys and BIA Representatives that USCIS officers are asking to look at our clients’ cell phones at marriage-based adjustment interviews. Our questions are: (1) What is the authority for searching an applicant’s cell phone at an interview, particularly one outside of a border-related inspection; (2) is there a policy on this practice, and if so what is it; (3) what happens ifan applicant refuses out of concern for privacy, given that—nowadays—cell phones hold a host of personal information?
  1. Please advise as to the appropriate person to contact to determine if USCIS will sponsor an applicant for an “S visa.”
  1. Please advise regarding any updates to the Parole in Place applications for military family members. Have there been any change in light of the recent November 23, 2016 policy memo (attached)?
  2. At our meeting in October 2015, the District indicated that the procedure was for attorneys to file such requests for humanitarian parole with the Customer Service Unit. The District indicated they will then go to the Congressional Unit for a response. Once submitted, requests will be reviewed for completeness. Once reviewed, applicants will receive an exit form or a Request for Evidence. Is this still the correct process?
  3. If attorneys experience problems with these applications, with whom can we follow-up?

General Policy Inquiries

  1. Does USCIS anticipate there being a dramatic change to processing times under the new administration?
  2. Does USCIS anticipate there being a change in processing procedures?
  3. Is there any specific training happening in connection with preparing for the next administration
  4. Should we expect any major policy shifts from USCIS? If so, which policies are most likely to change?
  5. In light of members reports on some officers specifically talking about a change in policies with Mr. Trump in office, what is the best way for lawyers to respond if we feel like an officer is making inappropriate political remarks during an interview?
  6. Similarly, if we experience discrimination from an officer during an interview then what is the preferred method for addressing this? During the interview requesting a supervisor? A written complaint after the fact? Seeking out the Duty Supervisor after the interview concludes to alert them to the issue? A combination of the above? Frequently our clients are worried about an officer denying the case, so they are reluctant to address the issue when it happens. What assurances can we give them that reporting inappropriate comments will not be the basis for an RFE and/or denial?

Customs and Border Protection

New York Field Office

  1. Please provide an update on any recent or upcoming staffing, policy, and/or procedural changes.
  1. Please provide an updated organizational chart and contact information for JFK, EWR and the Field Office.
  1. Thank you again for creating the email based system to address I-94 corrections. The information about the email will be distributed in materials to members. Please provide any updates regarding the new system. Are there any further instructions for attorneys using it?
  2. When CBP is able to correct the record, are attorneys notified that the correction is made?
  3. How long after receiving the request to correct the record are corrections made?
  4. If CBP is unable to correct the I-94 record without the individual coming to Deferred Inspection, will the attorney be notified via email?
  5. Can the email address be used only for errors that occurred in JFK/Newark, or can members email you about corrections from other ports, including pre-clearance ports?
  1. Can non-immigrants traveling with US Citizen children still go on the US Citizen line?
  1. If a client experiences discrimination upon entry, in addition to filing a complaint with DHS TRIP, is there a more immediate way for an issue to be addressed?

Executive Office for Immigration Review

  1. Please provide us with an update on any retirements that you expect in the coming six months. Do you have any information on new hires and estimated start dates?
  1. Please provide an update on any other recent or upcoming staffing, policy, and/or procedural changes.
  1. We understand that the Practice Manual guidelines are only suggestions for how an IJ should be conducting his or her courtroom. Please advise as to whether it is appropriate for IJs to routinelydeviatefrom the filing deadlines laid out in the Practice Manual other than in detained cases?
  1. The biometrics process for Respondents is now controlled together by ICE/ERO, OCC, and USCIS; and there is no longer a process through which counsel or Respondent can requestthat biometrics be captured. Given this change, are IJs being trained and instructed that a failure for clearances to be completed should not be held against the Respondent?
  1. How have the Special Masters been working so far? Do you anticipate that you will be able to keep this program in place after the new administration takes over?

Office of Chief Counsel, ICE

  1. Please provide an update on any recent or upcoming staffing, policy, and/or procedural changes.
  1. From an OCC perspective, what are the most important factors to address in a joint motion to reopen request?
  1. To whom should all SIJS-based joint motion to terminate requests be addressed? Previously, our members were advised that they should be addressed to the attention of Deputy CC Beschta. Is that correct?
  1. Members report that there continue to be issues with cases being reassigned and DHS positions shifting (agreeing to a PD grant, then backtracking), and/or background checks not being done in a timely fashion & causing adjournments. Please tell our members the best way to deal with these issues within the OCC chain of command.
  1. Immigration case law changes frequently, particularly in the area where immigration and criminal law overlap. What type of training do ACCs receive to educate them about such changes and decisions and how often does such training take place?

USCIS

New York Asylum Office

  1. Please provide an update on any recent or upcomingstaffing, policy, and/or procedural changes.
  1. Please provide the current processing time for I-881 interviews to be scheduled.
  1. Please provide the current processing time for I-589 applications.
  1. Please provide the current processing times for unaccompanied minor cases.
  1. Applicants frequently have to wait well over two weeks for mail-out decisions on their cases. Is there anything that can be done to avoid this or speed up the process?
  1. If the asylum office does not have jurisdiction over a case, such as a crew member who entered on a C1/D visa or a visa waiver entry, must the applicant wait in the usual queue for an asylum interview, or is there a way to get a referral to immigration court for asylum-only proceedings sooner?
  1. We understand that officers receive constant training to be mindful of applicants' claims. However, in some instances, members have reported that they have felt an officer was treating their client unfairly or was insensitive to the applicant’s claims (for instance, a UC who was the victim of sexual assault). When this occurs at the interview, with whom can attorney speak to address such issues?
  2. If AILA hears of a pattern and practice of insensitivity by a particular officer, especially if the officer is assigned to UC cases, please tell us the best way to bring this to the attention of the Asylum Office.
  1. Members have reported instances where an asylum officer uses legal language that their clients clearly do not understand, and does not let an attorney intervene to clarify for the applicant and officer. In these circumstances, what procedural remedies are available to address this issue?

Immigration & Customs Enforcement

Enforcement and Removal Operations

  1. Please provide an update on any recent or upcoming staffing, policy, and/or procedural changes.
  1. Given the recent retirement of Field Office Director Chris Shanahan, does ERO have updated organizational charts reflecting new hires, promotions, etc?
  2. Would it be possible to have both telephone numbers and e-mail addresses for all ERO staff listed on the organizational chart to facilitate communication between attorneys and ICE/ERO?
  1. Does ERO have any immediate hiring plans to expand its operations in the NY area?
  1. Do ERO officers receive training that an individual is entitled to an attorney if they ask to speak to one?
  1. Recently, the waiting room on the 9thfloor has had larger numbers of people waiting to report and the waiting time has been 3-4 hours.What is the reason for the larger numbers of people we are seeing reporting to the 9th floor?
  1. For individuals who currently report to ERO, at times clients are given 6 months to return, but others are told to return in 1 month. We are aware of guidance from years ago outlining the proper timetable for individuals to report dependent on their case, however, lately the dates seem to be arbitrary, particularly for individuals with final orders of removal. Is the date to return simply up to the officer handling the case?
  2. What factors would go into the length of time the individual should need to return?
  1. Will ERO consider the expanded use of ISAP or ankle bracelets in lieu of detention in the NY region. What are the most recent parameters for eligibility in the ISAP program?
  1. Members report that ERO officers are telling them (or their clients) to "file something" when the individual is subject to reinstatement and cannot file an I-589 unless and until ERO sends their case to EOIR or affords them a reasonable fear interview. There appears to be a misunderstanding on the part of officers about what is possible for this class of persons under orders of supervision. Please clarify what individuals in this position are required to do.
  1. Members report instances where a deportation officer does not respond to a written/oral request to transport a detainee for a medical exam to be conducted by a designated civil surgeon, which is a requirement for an adjustment of status hearing. In such instances, what are the best next steps an attorney can take to move the issue up the chain of command?
  1. Will ERO continue operating under the same priorities established by the Obama administration (i.e., only prioritizing for removal those with criminal records – felonies or 3 significant misdemeanors – or with prior deportations and that represent a danger to national security) until a new set of guidelines is formally established by the new administration?
  2. Has the transition team for the new administration signaled to the agency whether new guidelines will be forthcoming soon after inauguration?
  1. If the new administration were to end DACA, will ERO consider DACA recipients to be an enforcement priority?

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