PART 1292—REPRESENTATION AND APPEARANCES Authority: 8 U.S.C. 1103, 1362. Source: Duplicated from part 292 at 68 FR 9845, Feb. 28, 2003. Editorial Note: Nomenclature changes to part 1292 appear at 68 FR 9846, Feb. 28, 2003, and 68 FR 10360, Mar. 5, 2003. In General § 1292.1 Representation of others. (a) A person entitled to representation may be represented by any of the following: (1) Attorneys in the United States. (2) Law students and law graduates not yet admitted to the bar. (i) He or she is appearing at the request of the person entitled to representation; (ii) In the case of a law student, he or she has filed a statement that he or she is participating, under the direct supervision of an EOIR-registered licensed attorney or accredited representative, in a legal aid program or clinic conducted by a law school or non-profit organization, and that he or she is without direct or indirect remuneration from the alien he or she represents; (iii) In the case of a law graduate, he or she has filed a statement that he or she is appearing under the supervision of an EOIR-registered licensed attorney or accredited representative and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; (iv) When the law student or law graduate appears before the immigration court or the Board of Immigration Appeals, the law student or law graduate is supervised by an attorney or accredited representative who must appear simultaneously at the same hearing. The accompanying attorney or accredited representative must be authorized to practice before EOIR and be prepared to proceed with the case at all times; and (v) All filings by law students and law graduates are made through an EOIR-registered attorney or accredited representative. (3) Reputable individuals. (i) He is appearing on an individual case basis, at the request of the person entitled to representation; (ii) He is appearing without direct or indirect renumeration and files a written declaration to that effect; (iii) He has a pre-existing relationship or connection with the person entitled to representation (e.g., as a relative, neighbor, clergyman, business associate or personal friend), provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and (iv) His appearance is permitted by the official before whom he wished to appear (namely, a special inquiry officer, district director, officer-in-charge, regional commissioner, the Commissioner, or the Board), provided that such permission shall not be granted with respect to any individual who regularly engages in immigration and naturalization practice or preparation, or holds himself out to the public as qualified to do so. (4) Accredited representative. (5) Accredited officials. (b) Persons formerly authorized to practice. (c) Former employees. (d) Amicus curiae. (e) Except as set forth in this section, no other person or persons shall represent others in any case. (f) Registration requirement for attorneys and accredited representatives. [40 FR 23271, May 29, 1975, as amended at 53 FR 7728, Mar. 10, 1988; 55 FR 49251, Nov. 27, 1990; 61 FR 53610, Oct. 15, 1996; 62 FR 23635, May 1, 1997; 73 FR 76927, Dec. 18, 2008; 78 FR 19408, Apr. 1, 2013; 81 FR 92367, Dec. 19, 2016; 86 FR 70725, Dec. 13, 2021] § 1292.2 [Reserved] § 1292.3 Conduct for practitioners and recognized organizations—rules and procedures. Practitioners, as defined in § 1003.101(b) of this chapter, and recognized organizations are subject to the imposition of sanctions as provided in 8 CFR part 1003, subpart G, § 1003.101 et seq., [81 FR 92367, Dec. 19, 2016] § 1292.4 Appearances. (a) An appearance shall be filed on the appropriate form by the attorney or representative appearing in each case. During Immigration Judge or Board proceedings, withdrawal and/or substitution of counsel is permitted only in accordance with §§ 1003.16 and 1003.36 respectively. During proceedings before the Service, substitution may be permitted upon the written withdrawal of the attorney or representative of record, or upon notification of the new attorney or representative. When an appearance is made by a person acting in a representative capacity, his or her personal appearance or signature shall constitute a representation that under the provisions of this chapter he or she is authorized and qualified to represent. Further proof of authority to act in a representative capacity may be required. A notice of appearance entered in application or petition proceedings must be signed by the applicant or petitioner to authorize representation in order for the appearance to be recognized by the Service. (b) Availability of records. [23 FR 2673, Apr. 23, 1958, as amended at 32 FR 9633, July 4, 1967; 52 FR 2941, Jan. 29, 1987; 59 FR 1466, Jan. 11, 1994] § 1292.5 Service upon and action by attorney or representative of record. (a) Representative capacity. (b) Right to representation. [37 FR 11471, June 8, 1972 and 45 FR 81733, Dec. 12, 1980; 46 FR 2025, Jan. 8, 1981; 58 FR 49911, Sept. 24, 1993] § 1292.6 Interpretation. Interpretations of §§ 1292.1 through 1292.6 will be made by the Board, subject to the provisions of part 1003 of this chapter. Interpretations of §§ 1292.11 through 1292.20 will be made by the Assistant Director for Policy (or the Assistant Director for Policy's delegate) or the Director. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019; 85 FR 69482, Nov. 3, 2020] Recognition of Organizations and Accreditation of Non-Attorney Representatives § 1292.11 Recognition of an organization. (a) In general. (1) The organization is a non-profit religious, charitable, social service, or similar organization that provides immigration legal services primarily to low-income and indigent clients within the United States, and, if the organization charges fees, has a written policy for accommodating clients unable to pay fees for immigration legal services; (2) The organization is a Federal tax-exempt organization established in the United States; (3) The organization is simultaneously applying to have at least one employee or volunteer of the organization approved as an accredited representative by the Assistant Director for Policy (or the Assistant Director for Policy's delegate) and at least one application for accreditation is concurrently approved, unless the organization is seeking renewal of recognition and has an accredited representative or is seeking renewal of recognition on inactive status as described in § 1292.16(i); (4) The organization has access to adequate knowledge, information, and experience in all aspects of immigration law and procedure; and (5) The organization has designated an authorized officer to act on behalf of the organization. (b) Proof of status as non-profit religious, charitable, social service, or similar organization established in the United States and service to low-income and indigent clients. e.g., (c) Annual budget. (d) Proof of tax-exempt status. (e) Proof of knowledge, information, and experience. (f) Validity period of recognition. et seq. et seq. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019] § 1292.12 Accreditation of representatives. (a) In general. (1) Has the character and fitness to represent clients before the Immigration Courts and the Board, or DHS, or before all three authorities. Character and fitness includes, but is not limited to, an examination of factors such as: Criminal background; prior acts involving dishonesty, fraud, deceit, or misrepresentation; past history of neglecting professional, financial, or legal obligations; and current immigration status that presents an actual or perceived conflict of interest; (2) Is employed by or is a volunteer of the organization; (3) Is not an attorney as defined in 8 CFR 1001.1(f); (4) Has not resigned while a disciplinary investigation or proceeding is pending and is not subject to any order disbarring, suspending, enjoining, restraining, or otherwise restricting the individual in the practice of law or representation before a court or any administrative agency; (5) Has not been found guilty of, or pleaded guilty or nolo contendere to, a serious crime, as defined in 8 CFR 1003.102(h), in any court of the United States, or of any State, possession, territory, commonwealth, or the District of Columbia, or of a jurisdiction outside of the United States; and (6) Possesses broad knowledge and adequate experience in immigration law and procedure. If an organization seeks full accreditation for an individual, it must establish that the individual also possesses skills essential for effective litigation. (b) Request for accreditation. (c) Proof of knowledge and experience. (d) Validity period of accreditation. et seq. (e) Change in accreditation. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019] § 1292.13 Applying for recognition of organizations or accreditation of representatives. (a) In general. (b) USCIS recommendation and investigation. (c) ICE recommendation. (d) EOIR investigation. (e) Finality of decision. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019] § 1292.14 Reporting, recordkeeping, and posting requirements for recognized organizations. (a) Duty to report changes. (b) Recordkeeping. (1) The organization's immigration legal services fee schedule, if the organization charges any fees for immigration legal services, for each office or location where such services are provided; and (2) An annual summary of immigration legal services provided by the organization, which includes: The total number of clients served (whether through client intakes, applications prepared and filed with DHS, cases in which its attorneys or accredited representatives appeared before the Immigration Courts or, if applicable, the Board, or referrals to attorneys or other organizations) and clients to whom it provided services at no cost; a general description of the immigration legal services and other immigration-related services ( e.g., (c) Posting. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019] § 1292.15 Extension of recognition and accreditation to multiple offices or locations of an organization. Upon approving an initial request for recognition or a request for renewal of recognition, or at any other time, the Assistant Director for Policy (or the Assistant Director for Policy's delegate), in the Assistant Director for Policy's (or the Assistant Director for Policy's delegate's) discretion, may extend the recognition of an organization to any office or location where the organization offers services. To request extension of recognition, an organization that is seeking or has received recognition must submit a Form EOIR-31 that identifies the name and address of the organization's headquarters or designated office and the name and address of each other office or location for which the organization seeks extension of recognition. The organization must also provide a declaration from its authorized officer attesting that it periodically conducts inspections of each such office or location, exercises supervision and control over its accredited representatives at those offices and locations, and provides access to adequate legal resources at each such office or location. The Office of Policy may require an organization to seek separate recognition for an office or location of the organization, for example, when a subordinate office or location has distinct operations, management structure, or funding sources from the organization's headquarters. The Assistant Director for Policy's (or the Assistant Director for Policy's delegate's) determination to extend recognition to the offices or locations identified in Form EOIR-31 permits the organization's accredited representatives to provide immigration legal services out of those offices or locations. The Office of Policy will post the address of each office or location to which recognition has been extended on the roster of recognized organizations and accredited representatives. The Assistant Director for Policy (or the Assistant Director for Policy's delegate) is authorized to allow requests and determinations described in this section to be made electronically. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019] § 1292.16 Renewal of recognition and accreditation. (a) In general. (b) Timing of renewal Recognition. (2) Accreditation. (3) The Assistant Director for Policy (or the Assistant Director for Policy's delegate), in the Assistant Director for Policy's (or the Assistant Director for Policy's delegate's) discretion, may grant additional time to submit a request for renewal or accept a request for renewal filed out of time. The recognition of the organization and the accreditation of any representatives for whom the organization timely requests renewal shall remain valid pending the Assistant Director for Policy's (or the Assistant Director for Policy's delegate's) consideration of the renewal requests, except in the case of an interim suspension pursuant to 8 CFR 1003.111. (c) Renewal requirements Recognition. (2) Accreditation. (d) Recommendations and investigations. (e) Renewal process. (f) Finality of decision. (g) Validity period of recognition and accreditation after renewal. i.e., et seq. et seq. (h) Organizations and representatives recognized and accredited prior to January 18, 2017 Applicability. et seq. (2) Renewal of recognition. (i) Within 1 year of January 18, 2017, if the organization does not have an accredited representative on the effective date of this regulation; (ii) Within 2 years of January 18, 2017, if the organization is not required to submit a request for renewal at an earlier date under paragraph (h)(2)(i) of this section, and the organization has been recognized for more than 10 years as of the effective date of this regulation; or (iii) Within 3 years of January 18, 2017, if the organization is not required to submit a request for renewal at an earlier date under paragraph (h)(2)(i) or (ii) of this section. (3) Renewal of accreditation. (i) Inactive status. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019] § 1292.17 Administrative termination of recognition and accreditation. (a) In general. (b) Bases for administrative termination of recognition. (1) An organization did not submit a request to renew its recognition at the time required for renewal; (2) An organization's request for renewal of recognition is disapproved or request for reconsideration after disapproval and if applicable, request for administrative review pursuant to § 1292.18 is denied; (3) All of the organization's accredited representatives have been terminated pursuant to this section or suspended or disbarred pursuant to 8 CFR 1003.101 et seq., (4) An organization submits a written request to the Assistant Director for Policy (or the Assistant Director for Policy's delegate) for termination of its recognition; (5) An organization fails to comply with its reporting, recordkeeping, or posting requirements under § 1292.14, after being notified of the deficiencies and having an opportunity to respond; (6) An organization fails to maintain eligibility for recognition under § 1292.11, after being notified of the deficiencies and having an opportunity to respond; or (7) An organization on inactive status fails to have an individual approved as an accredited representative within the time provided under § 1292.16(i). (c) Bases for administrative termination of accreditation. (1) An individual's organization has had its recognition terminated pursuant to this section or terminated or revoked pursuant to 8 CFR 1003.101 et seq.; (2) An organization does not submit a request for renewal of the individual's accreditation at the time required for renewal; (3) An organization's request for renewal of an individual's accreditation is disapproved or request for reconsideration after disapproval and, if applicable, request for administrative review pursuant to § 1292.18, is denied; (4) An accredited representative submits a written request to the Assistant Director for Policy (or the Assistant Director for Policy's delegate) for termination of the representative's accreditation; (5) An organization submits a written request to the Assistant Director for Policy (or the Assistant Director for Policy's delegate) for termination of the accreditation of one or more of its representatives; or (6) An individual fails to maintain eligibility for accreditation under § 1292.12, after the individual's organization has been notified of the deficiencies and has had an opportunity to respond. (d) Request for reconsideration. (e) Effect of administrative termination of recognition. (f) Effect of administrative termination of accreditation. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019] § 1292.18 Administrative review of denied requests for reconsideration. (a) Authority of the Director. (1) An organization whose request for reconsideration pursuant to § 1292.13(e), § 1292.16(f), or § 1292.17(d) has been denied may request administrative review from the Director within ten (10) days of the denial, identifying the alleged factual or legal errors in the underlying determination. The request for administrative review shall be submitted to the Assistant Director for Policy (or the Assistant Director for Policy's delegate), who will forward the request to the Director. (2) The Director may review a request for reconsideration pursuant to § 1292.13(e), § 1292.16(f), or § 1292.17(d) that has been denied on the Director's own initiative by issuing a notification of administrative review within ten (10) days of the denial. This notification shall state the issues to be reviewed. (3) The recognition of the organization and the accreditation of any representatives that are subject to administrative review as described in this section shall remain valid pending the Director's consideration of the request, except in the case of an interim suspension pursuant to 8 CFR 1003.111. (b) Review. (c) Referral of cases to the Attorney General. (d) Decisions as precedents. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019; 84 FR 31470, July 2, 2019; 85 FR 69482, Nov. 3, 2020] § 1292.19 Complaints against recognized organizations and accredited representatives. (a) Filing complaints. (b) Preliminary inquiry. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019] § 1292.20 Roster of recognized organizations and accredited representatives. The Assistant Director for Policy (or the Assistant Director for Policy's delegate) shall maintain a roster of recognized organizations and their accredited representatives. An electronic copy of the roster shall be made available to the public and updated periodically. [81 FR 92367, Dec. 19, 2016, as amended at 84 FR 44542, Aug. 26, 2019]