San Francisco CBO-CIS Liaison Meeting

Thursday, Aug 14, 2014 at 10:00 A.M.

NEXT MEETING: Thursday, November 6 at 10 am, Room 1050

Questions from Liaison CBO’s

GENERAL ANNOUNCEMENTS:

ü Just a reminder to please spread the word about our liaison among colleagues in your office and at other non-profit organizations in the Bay Area working with immigrant clients. As new people join our organizations and others’ contact information changes, it is important that we remain connected so that our liaison can continues to hear about the experiences and concerns of our community. Please refer new people to Lourdes Martinez at , or send Lourdes the contact information of new members.

ü Please remember to send Lourdes your questions and concerns on an on-going basis so that she is able to collect them in time to send them to USCIS in advance of our next meeting.

ü If you have legal questions, please send them to the ILRC’s Attorney of the Day service at .

GENERAL ANNOUNCEMENTS FROM USCIS:

- Rosemarie Fan is looking into the possibility of scheduling a special meeting with the California Service Center and will keep everyone posted with further developments.

- Today’s meeting was dedicated to hearing from our guests from the Asylum Office, Emilia Bardini and Colleen Cook. The agenda, therefore, did not cover questions regarding adjustment of status or naturalization. The agenda will cover those topics again at our next meeting.

- Emilia Bardini is the Director of the San Francisco Asylum Office of the USCIS; and she can be reached by e-mail at . Please contact Emilia with any questions or concerns regarding a case pending at the Asylum Office.

- Colleen Cook is an Asylum Trainer who trains asylum officers at the San Francisco Asylum Office.

- They invited the liaison members to attend a special meeting regarding unaccompanied minor cases (or UAC’s for “unaccompanied alien child”) at the Asylum Office on September 8th.

GENERAL QUESTIONS:

1. Are there any new policies, procedures, or changes in adjudications to share with us out of the SF district office or out of Washington DC? If so, what are they?

NOTE: Although we ask this question at all the meetings, we would like to hear about any changes in the Service’s adjudications policies, including if the Service is looking at anything differently when adjudicating an application. We view these liaison meetings as a time to share information and views on naturalization and adjustment of status and would prefer to hear in these meetings about CIS/DHS changes that affect adjudications rather than hearing about these changes when our clients get denial notices.

ASYLUM:

2. Are there any new policies from headquarters with respect to the scheduling of interviews for or the adjudication cases involving juvenile applicants?

a. Is the Asylum Office expediting cases filed by unaccompanied minors?

Yes. The area the San Francisco Asylum Office covers ranges from Bakersfield to Anchorage, Alaska; and it currently has 43 officers on staff (there are 350 asylum officers total). Through the month of October, the Asylum Office (AO) will focus on clearing up the backlog of cases so that its officers can focus on the incoming cases from Immigration Court and other affirmative cases filed by UAC’s (Unaccompanied Alien Children) and other minors. The backlog on cases filed by minors (of which UAC’s who file affirmatively have been a part) is due to an increase in the credible fear/reasonable fear cases, so that about 50% of adjudicating officers have been dedicated to that (including at a detention center in Seattle, WA). The other 50% are handling the other cases, which are mostly UAC cases, including affirmatively filed cases. The San Francisco Immigration Court is planning on seeing 40 cases per day that will be UAC’s who may potentially need to be referred to the AO for processing. Therefore, the AO is expecting them by the end of August. All minors are in the backlog that the AO is focusing on clearing by the end of October, but the cases are given priority according to the age of the applicant.

3. With regards to unaccompanied minors, what particular social groups is the San Francisco Asylum Office recognizing? Is it considering factors such as lack of parental protection, indigenous identity, or activism in the nongovernmental sector such as whistleblowing of a criminal organization?

The same groups as in other affirmative asylum cases.

4. Do Asylum Officers receive any special training to interview children?

Yes. AO officers are trained by psychiatry professors and by other staff (led by Colleen Cook) regarding guidelines for working with children. They are also reminded to treat young adults similarly (i.e. ages 18 or 19).

5. Is it your understanding that the immigration courts are granting administrative closure to minor respondents so that they can apply for asylum with USCIS? We are interested in knowing what information/supporting documents should be included in motions for administrative closure if a minor is protected under TVPRA? Does administrative closure have to be granted by a court in order to proceed with the asylum application at the asylum office?

Some judges do not administratively close cases. They continue them instead. The trial attorney should actually be giving information to the child regarding protection under the TVPRA. No suggestions were made as to what information should be provided in a motion to the court. However, the AO’s understanding is that, where a UAC seeks asylum, it is not necessary for the court to close the case, so it is fine if judges continue the case instead of closing it (for the AO’s purpose).

6. If everything goes smoothly, what is the current processing time from the filing date of an asylum application to the date the Asylum Office issues a decision?

a. How long should the applicant expect to wait for an interview?

Cases that get scheduled are selected at random. And there are not many open slots available. The cases waiting 150+ days for an interview will increase. (side note: an asylum applicant must wait at least 150 days after filing an asylum application, in order to file an EAD application). This is specially true of cases that are neither UAC’s or similarly minor applicants, because those cases are being prioritized and they are increasing. The AO is expecting 19 new officers next year but is understaffed right now.

b. How long should they expect to wait after the interview for a final decision?

c. If the timeline does not go smoothly, how should the legal representative follow-up with the Asylum Office? We have a few cases involving applicants from Africa where there have been significant delays in the two processes above (wait periods of between 6 months to 15 months)

Advocates can contact the asylum office directly if there is a problem with a case. Emilia Bardini shared her e-mail address, so that people may contact her directly with the necessary information and she will look into it.

7. Can you explain when will the Asylum Office notify an applicant in person of the final decision in their case and when will they notify them by mail?

Most applicants are required to come back to the AO for their decision. However, if there are some delays, such as if the AO has to send the case for review by Headquarters, the applicant will be notified by mail. The decision can also be mailed to the applicant if there is long travel involved; if the applicant is ill or elderly; if there are small children involved; etc. You should raise the issue with the officer at the interview so a special note can be made.

a. If an applicant was told they would be notified by mail, how long should they expect to wait?

Sometimes there is a delay in the 2 week decision.

b. If they do not receive any decision within said time frame, what is the procedure to follow-up with the Asylum Office? We have a few cases with significant delays.

Send Emilia Bardini an e-mail after 30 days after the interview have passed.

8. What is the procedure to obtain a new copy of an approval notice?

The applicant must file a Freedom of Information Act Request (FOIA) with USCIS. The AO cannot simply produce a new copy.

9. Can you explain when is a case sent for review to Headquarters and how can the legal representative follow-up on these cases so they don’t get lost or forgotten?

There is a long list of categories of cases that must be sent to Headquarters, including: cases from visa waiver countries or Canada (safe 3rd country); cases from contiguous territory (so cases from Mexico); cases involving novel legal issues or criminal activity; discretionary denials; cases previously denied by EOIR and not being granted by the AO; cases that raise the firm resettlement question; cases that raise concerns about the terrorist or national security bars to asylum; cases likely to be publicized; prosecution cases. Claims based on gender do not need to be referred. But the Headquarters Office is not staffing-up like local offices, so this can take a long time. The AO officers check-in on the cases, but if you are concerned, contact the AO.

10. Can you please explain what agencies are involved in the security or background checks; what causes delays in these processes; and how should the legal representative follow-up on these delays (timeframe, procedure, etc.)?

Follow-up with the AO by e-mailing Emilia Bardini directly, and they will check on the case.

11. Can someone who has been granted asylum file an I-730 for a derivative spouse or child with only the copy of his A-5 EAD (i.e. if they have not received their approval notice in the mail)?

Since the I-730 Form is adjudicated by a service center, the AO doesn’t know what evidence they will accept.

12. What is the process to request a discretionary exemption to the bar for terrorist activities under provision 212 (d)(3)(B)(i) and how long should an applicant expect to wait for a decision from CIS and ICE?

a. What is the proper follow-up procedure if a case has been pending for several years since such an exemption was requested?

There is no separate thing you have to file, but make sure you bring evidence to support the case. All the memos and the regulations regarding this are on the USCIS website at http://uscis.gov/trig (TRIG stands for Terrorism-Related Inadmissibility Grounds). You can also send a question about the case to . Make sure to include the applicant’s A# and your G-28.

13. It is our understanding that according to the law, there is a presumption of future persecution if the person can establish past persecution. However, an applicant should also be able to obtain asylum protection if she can show past persecution that is severe enough to warrant a grant of asylum purely based on those past events. Can you please talk about the application of this standard by the San Francisco Asylum Office, especially in regards to claims based on domestic violence persecution? What kind of evidence are Asylum Officers looking for in order to approve a case on past persecution?

The AO officers will be looking to apply the standard as outlined in the Asylum Officer Basic Training Course (AOBTC). Therefore, you should take a look at those materials. The AO will be looking at the nature of the past harm and the extent of the past harm.

14. What is the preferred way for the Asylum Office to receive the documentary evidence for an asylum application? Do you have special instructions for how these packets should be prepared – what is the best way to organize and present country conditions evidence, for example, so that it is reviewed by the office and it is helpful?

The declaration should be placed at the very top of the evidence packet, so it is easy to identify. On the cover letter, make sure to mark in clear bold writing that the case pertains to a UAC or other important identity. File the I-589 with all the documents or otherwise drop them off at the AO between noon and 2:00 p.m. on Monday no later than the week before the asylum interview because the AO reassigns cases. Regarding country conditions, it is important to give information specific on a person’s case and the protected ground. If there is a big difference between the law and the social reality, we need evidence of this (i.e. country that respects women’s rights in the law, but not in social practice). Do not submit anything from wikileaks, as it causes the AO officers to generate a security report and it is not material they can use.

15. Refugee Travel Document: We have experienced long delays in the processing of refugee travel documents. This is perhaps more appropriate a question for the Nebraska Service Center, but would you be able to comment or do you know of any reasons why this might be happening?

Rosemarie Fan noted this question and she will look into it.

San Francisco Field Office Inquiry Process

A. All routine inquiries on pending applications should be conducted by using our national systems, preferably in this order:

1. If you have a receipt number, use our on-line “Check Case Status” link to inquiry on cases on our website at www.uscis.gov AND

2. Call our National Customer Service Center on our toll-free line to speak with someone about your pending case at: 1-800-375-5283. If they are unable to assist you, the NCSC agent or officer will open an inquiry in our national system and refer it to our office for a response. You will be provided a referral number for tracking purposes. The inquiry will be researched and responded to by an Information Officer in the San Francisco Field Office and a response will be mailed to use within 30 days of our receiving the inquiry. OR