Appendix C. Representation Checklist for Nunc Pro Tunc Case

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. ____ Contact your client’s social worker/therapistPRO BONO ASYLUM REPRESENTATION MANUALAPPENDICESF. Filing Your Clients Asylum Application1. ____ File Form I-589 and G-28 with the original and two copies of the applicationto the Nebraska Service Center.a. An I-589 must be filed with the Asylum Office within one year of yourclient’s arrival in the United States.2. ____ 2 photos3. ____ Include an affidavit from the client and any other supportingdocumentation. Make sure to send original documents along with two copies ofthe original.4. ____ All non-English documents must be translated into English and notarizedalong with a certificate that the translation is accurate.5. ____ Submit a legal brief if neededG. If Your Client Qualifies to Receive an Employment Authorization Document (“EAD”)1. ____ File Form I-765a. If your client’s asylum application has been pending for more than 180days, he/she is eligible to receive work authorization. The initial EAD maybe filed 150 days after immigration receives the asylum application.Renewal applications should be filed no later than 90 days before the EADexpires.H. When Your Client Has an Asylum Interview1. ____ Receive an interview date from the Chicago Asylum Office2. ____ Prepare your client for the interview3. ____ Arrange for an interpreter if needed and prepare the interview with theinterpreter4. ____ Attend the interview with your client. Be prepared to take copious notesand to make a short closing statement at the end of the interview.5. ____ Additional documents, in duplicate, may be presented at the interviewI. If the Asylum Office Grants Your Client Asylum1. ____ Contact The Advocates to let us know whether you are going to continuerepresenting the client or whether you are going to end the representation.2. ____ If you wish to continue representing the client, sign a new retaineragreement with the client and a new VLN retainer if needed.a. ____ Help your client apply for his/her immediate relatives using theForm I-730.1). Your client must file the I-730 within 2 years of his/hergrant of asylum.b. ____ Help your client apply for a travel document using Form I-131.1). Advise client that if he/she returns to the country he/shewas fleeing, that immigration may terminate the asylumgrant.c. ____ Assist your client in applying for his/her permanent resident statuswith Form I-485.1). Your client may file for permanent resident status one
PRO BONO ASYLUM REPRESENTATION MANUALAPPENDICESyear after being granted asylum.3. ____ If you will not continue to represent your client, please refer tosection Q below and close the case.J. If Your Client Receives a Notice of Intent to Deny1. ____ Submit a written response to the Notice of Intent to Deny (“NOID”) by theasylum office’s deadline. Please note that NOID’s generally issue only if yourclient is “in status” with a valid non-immigrant status, such as a visitor or studentvisa.K. If the Asylum Office “Refers” Your Client to the Immigration Court1. ____ Contact The Advocates to let us know whether you are going to continuerepresenting the client or whether you are going to end the representation.2. ____ If you agree to continue representing the client, sign a new retaineragreement with the client and a new VLN retainer if needed.a. ____ Obtain a current copy of the Immigration Court Practice Manual.b. ____ You Do Not Need to File an Additional Asylum Application.3. ____ Review your client’s filea. ____ File a FOIA request using forms G-639 and G-28 with USCIS.b. ____ Arrange to review your client’s record of proceedings (ROP) bycalling the clerk of court at (612) 725-37654. ____ Prepare additional documents and witnesses for yourclient’s hearing5. ____ Prepare your client to testify in court. Review with the client theimmigration process and what he/she should expect to occur at thehearing.6. ____ Prepare the G-325A form to file with OCC and make a copy to file with theimmigration court.7. ____ Review all available evidence. Turn over original documents to the courtaccording to the court’s schedule. Refer to the Local Operating Procedures forinstructions on preparing a “Redline” I-589 to update the information on the formfor court.8. ____ If you close the file, please refer to section Q below.L. Master Calendar Hearings1. ____ Receive a Notice of Hearing from the immigration court2. ____ Preparing your client for his/her hearinga. Review the Notice to Appear (“NTA”) document with your client.b. ____ Complete Form G-325A and submit the original to the OCC. Youwill also need to submit a copy of this form along with a certificate ofservice to the immigration court.3. ____ Appear with your client at all scheduled hearings.a. Plead to the allegations and charges on the NTAb. Request appropriate relief from removal for your client, such as asylum,withholding of removal, Convention Against Torture and voluntarydeparture.c. Get a court date for the individual hearing
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Appendix C. Representation Checklist for Nunc Pro Tunc Case

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