Download:
pdf |
pdfU.S. Department of Justice
Executive Office for Immigration Review
Office of Legal Access Programs
OMB# 1125-0015
Request to Be Included on the List of Pro Bono Legal
Service Providers for Individuals in Immigration Proceedings
GENERAL INSTRUCTIONS
Please read carefully before completing and filing optional Form EOIR-56.
A. When to submit an optional Form EOIR-56:
Organizations, pro bono referral services, and attorneys may use this form (optional Form EOIR-56) to apply for
placement on the List of Pro Bono Legal Service Providers (List) for individuals in immigration court proceedings and to
make a renewal request to remain on the List. The List provides names of organizations, referral services, and attorneys
available to provide pro bono legal services to indigent persons in immigration court proceedings before the Executive
Office for Immigration Review (EOIR). The List is published quarterly, in January, April, July, and October. To be
considered, applicants should submit the application not later than 60 days prior to the first day of the month in which the
next quarterly update will be published. Applications received less than 60 days prior to that date will not be considered
until the following quarter.
B. Who is eligible to be included on the List:
Organizations, pro bono referral services, and attorneys may apply to be placed on the List. Organizations and attorneys
must commit to providing annually at least 50 hours of pro bono legal services to individuals in proceedings at
each immigration court location where the organization or attorney intends to appear on the List. “Pro bono legal
services” are those uncompensated legal services performed for indigent individuals or for the public good without
any expectation of remuneration, whether direct or indirect.
•
An “organization” must be a non-profit religious, charitable, social service or similar group established in the
United States. Organizations include both organizations recognized by EOIR under 8 CFR part 1292 and nonrecognized organizations. A recognized organization must have at least one attorney or an accredited
representative eligible to practice before the immigration courts. Non-recognized organizations must have an
attorney on staff.
•
A “pro bono referral service” is a service, offered by a non-profit group, association, or similar organization
established in the United States that assists persons in locating pro bono representation by making case referrals to
attorneys or organizations that are available to provide pro bono representation in immigration court proceedings.
A service that refers individuals for paid legal services does not qualify.
•
An “attorney” in private practice in the United States may be eligible to be included on the List only if the
attorney cannot provide pro bono legal services through or in association with an organization or pro bono referral
service.
C. How to apply for placement on the List using the optional Form EOIR-56:
•
Part 1. Organization, referral service, or attorney seeking inclusion on the List
Check the appropriate box to specify whether the applicant is an organization, pro bono referral service, or
attorney. Provide the applicant’s complete name, including any names under which it is doing business. If the
applicant has previously applied to be on the List, provide the name(s) used in the past by the applicant.
•
Part 2. Contact information
Provide applicant contact information. The applicant must provide a street address. A post office box number is
not acceptable. Include applicant’s telephone number, fax number (if available), email address, and web address
(if available). The contact information provided on this application will appear on the List for each immigration
court or specialized docket listed. If the applicant has more than one address and telephone number, clearly
identify the address and telephone numbers which should appear on the List for each immigration court or
specialized docket. Attach additional sheets of paper (including the applicant’s name and the section of the form)
if necessary. If the contact information changes, the applicant must, as soon as possible, but in no more than
10 business days, advise the EOIR Pro Bono List Administrator in writing at
ProBono.List.Admin@usdoj.gov or at the address provided in Part E of these instructions.
For more information about the List of Pro Bono Legal Service Providers
visit: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
1
Optional Form EOIR-56
Rev. May 2019
GENERAL INSTRUCTIONS (continued)
C. How to apply for placement on the List using the optional Form EOIR-56 (continued):
•
Part 3. Type of application
Check the appropriate box to show whether this application is for an initial request to be included on the List or a
renewal request to remain on the List. Once approved to be on the List of Pro Bono Legal Service Providers,
providers must submit a renewal request every three years. To guarantee that the renewal application will be
processed before the expiration of the three-year period, the renewal application must be submitted at least 60
days prior to expiration of the three-year period and certify that the provider remains eligible to appear on the List.
For example, an approved applicant who is placed on the List in January 2018 would be required to file an
application for renewal not later than November 2, 2020 (60 days prior to the expiration of the three-year approval
period and issuance of the January 2021 quarterly List).
•
•
Part 4. Immigration court locations, specialized dockets, and additional applicant information List
the names of each immigration court in which the applicant intends to provide at least 50 hours each year of pro
bono legal services or refer cases to representatives providing pro bono legal services. Specify the name of each
court, such as “Varick Street,” “Miami,” or “Miami (Krome), Detained.” Please use the EOIR Listing of
Immigration Courts as a guide to immigration court names and locations, available at the following webpage:
http://www.justice.gov/eoir/eoir-immigration-court-listing. If requesting to appear on a specialized docket, then
list the name of the specialized docket. Specialized dockets may include juvenile dockets, family dockets and
others. For each location and docket, list any specialties, limitations, or comments that should be noted on the
List. For example, an applicant may limit its pro bono practice to children’s cases or asylum cases only,
may be willing to assist individuals with criminal convictions, may be willing to accept collect calls from a
detention center, or may be able to provide services in multiple languages. If needed, attach additional sheets of
paper (include the applicant’s name and the section of the form) to complete this section. For questions, contact
ProBono.List.Admin@usdoj.gov.
Part 5. Affirmation of provision of pro bono legal services
Organizations must affirm that they intend to provide annually at least 50 hours of pro bono legal services in each
immigration court location listed in Part 4. An organization may count its attorneys’ and representatives’ in-court
time, as well as their out-of-court preparation time. When an organization refers a case for pro bono legal services
outside the organization, it may count its attorneys’ and fully accredited representatives’ time spent, for example,
conducting an intake interview or mentoring the attorney to whom the case was referred. Those attorneys and
representatives appearing in immigration court must be registered with EOIR. For information about EOIR’s eRegistry system, see http://www.justice.gov/eoir/internet-immigration-info.
Pro bono referral services must affirm that they intend to offer their services to individuals in removal or other
proceedings before each immigration court location identified in Part 4.
Private attorneys must affirm they intend to provide annually at least 50 hours of pro bono legal services in each
immigration court location listed in Part 4. Under penalty of perjury, counsel must declare that he or she is unable
to provide pro bono legal services through or in association with an organization or pro bono referral service
because such an organization is unavailable or the ranges of services provided is insufficient to address the needs
of the community. In addition, counsel must attach a statement, under penalty of perjury, describing the good
faith efforts made to associate with organizations and pro bono referral services, and other relevant documentation
demonstrating those efforts.
Lists for specialized dockets do not require any additional hours of pro bono legal services, in addition to the
required 50 hours for each immigration court location.
•
Part 6. Affirmation of provision annually of 50 hours of pro bono legal services for the past three
years by organizations and attorneys
This section is for renewal applicants only. If this is an initial application or a renewal application by a pro bono
referral service provider, skip to Part 7.
To renew an organization’s or attorney’s inclusion on the List, the organization or attorney must submit the alien
registration numbers of clients in whose cases the organization or attorney rendered pro bono legal services,
totaling, for each immigration court location where the provider appears on the List, at least 50 hours in each of
the past three years.
For more information about the List of Pro Bono Legal Service Providers
visit: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
2
Optional Form EOIR-56
Rev. May 2019
GENERAL INSTRUCTIONS (continued)
For each case listed, the provider must include: the number of hours of pro bono legal services provided; the time
period for which the pro bono legal services were provided; and the name of the attorney or representative who
rendered the pro bono legal services or to whom the case was referred for pro bono legal services. When an
organization refers a case to an outside attorney or representative for pro bono legal services, the organization
may count the time its attorneys or representatives spent providing pro bono legal services, but not the time of the
attorney or representative to whom the case was referred.
Hours spent preparing a case for immigration court, including, for example, screening cases for pro bono referral
or mentoring representatives, may be counted as well as time spent in court. Only 50 hours of pro bono
legal services need to be reported for each year for each court location; there is no obligation to report
additional hours of pro bono legal services performed in excess of the 50 annual hours required to qualify
for renewal.
Tally the total hours of pro bono legal services for each of the past three years in each immigration
court location where pro bono legal services were provided. No more than 50 hours total of pro bono legal
service hours must be recorded for each year. If needed, attach additional sheets of paper (include the applicant’s
name and section of the form) to complete this section.
D. Who must verify the contents of the optional Form EOIR-56:
•
Part 7. Declaration
Section A. Authorized officer
The applicant organization or referral service must have an authorized officer, such as the President, Executive
Director, or an officer of the organization, who has been designated to act on behalf of the organization to apply to
be on the List. By signing the form under penalty of perjury the authorized officer declares that the organization
or referral service meets the eligibility requirements to be included on the List and that the contents of the form
and its attachments are true, correct, and complete.
Section B. Attorney
An attorney must attest that he or she is licensed to practice law in the United States, has registered with EOIR
(provide the registration number), and that he or she is not under an order of suspension, disbarment, or other
restriction in the practice of law. By signing the form under penalty of perjury, the attorney declares that he or
she meets the eligibility requirements to be included on the List and that the contents of the form and its
attachments are true, correct, and complete.
E. Where to submit the optional Form EOIR-56:
Pro Bono List Administrator
Office of Legal Access Programs (OLAP)
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2500
Falls Church, VA 22041
For more information about the List of Pro Bono Legal Service Providers
visit: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
3
Optional Form EOIR-56
Rev. May 2019
U.S. Department of Justice
Executive Office for Immigration Review
OMB# 1125-0015
Request to Be Included on the List of Pro Bono Legal
Service Providers for Individuals in Immigration Proceedings
Office of Legal Access Programs
Part 1. Organization, referral service, or attorney seeking inclusion on the List
The applicant is a (check one):
Non-profit Organization
Pro Bono Referral Service
Private Attorney
Name _________________________________________________________________________________________________________
Name(s) previously applied under (if not applicable, enter “N/A”)__________________________________________________________
Part 2. Organization information, as it should appear on the List
Number and Street________________________________________________________________________________Suite ___________
City_____________________________________________________________State___________________Zip Code________________
Telephone______________________Fax________________________Email_________________________________________________
Website________________________________________________________________________________________________________
_ __________ Part 3. Additional Applicant Information (rmation (all applicants complete Sections A and B)
Part 3. Type of application (choose one)
Initial request
Renewal request
Part 4. Immigration court locations or docket, and additional applicant information (complete Sections A and B)
Indicate the name(s) of each immigration court location where the applicant intends to provide at least 50 hours of pro bono legal services
annually (if an organization or attorney), or specialized docket, or refer individuals for pro bono legal services (if a referral service).
For each court, list any specialties, limitations, or comments that should be noted on the List for the corresponding court (e.g.,
children’s cases or asylum cases only, criminal law specialty, staff speaks Spanish, walk-in hours). Attach additional sheets if necessary.
1.
Immigration Court Name: ___________________________________________________________________________
or Specialized Docket
Specialties/Limitations/Comments:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
2.
Immigration Court Name: ___________________________________________________________________________
or Specialized Docket
Specialties/Limitations/Comments:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
For more information about the List of Pro Bono Legal Service Providers
visit: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
1
Optional Form EOIR-56
Rev. May 2019
Part 5. Affirmation of provision of pro bono legal services (choose one)
Organizations: By checking this box the applicant organization affirms that:
• It will provide annually at least 50 hours of pro bono legal services through its attorneys or representatives to individuals in
proceedings in each immigration court location listed in Part 4.
• Every attorney and accredited representative who will represent clients pro bono before EOIR on behalf of the organization is
registered with EOIR.
• No attorney or representative who will provide pro bono legal services on behalf of the organization in cases pending before
EOIR is under an order of suspension, disbarment, or other restriction limiting his/her practice of law.
Referral Services: By checking this box the applicant pro bono referral service affirms that it will offer its services to individuals in
immigration court proceedings for each immigration court location listed in Part 4.
Private Attorneys: By checking this box the applicant attorney affirms that:
• He or she will provide annually at least 50 hours of pro bono legal services to individuals in proceedings in each immigration
court listed in Part 4.
• He or she is unable to provide pro bono legal services through or in association with an organization or pro bono referral
service because any such organization or referral service is unavailable or the range of services provided by available
organization(s) or referral service(s) are insufficient to address the needs of the community.
• He or she has submitted with this application a description of the good faith efforts he or she made to provide pro bono
legal services through an organization or pro bono referral service to individuals appearing before each immigration
court location listed in Part 4.
Part 6. Renewal request by organization or private attorney
(If initial application or renewal applicant is a pro bono referral service, skip to Part 7.)
List below the 50 hours of pro bono legal services per year for the past three years since the date of last approval provided in each immigration
court location where the provider appears on the List. Attach additional sheets as necessary.
Immigration Court Location: _______________________
Year 1 Date Range: From ________________ to ________________
Alien Number of
Individual Represented
Hours of
Service
Dates Service
Provided
to
Name of Attorney
Or Representative
to
to
to
to
Total Hours Year 1:
Year 2 Date Range: From ________________ to ________________
Alien Number of
Individual Represented
Hours of
Service
Dates Service
Provided
to
Name of Attorney
Or Representative
to
to
to
to
Total Hours Year 2:
For more information about the List of Pro Bono Legal Service Providers
visit: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
2
Optional Form EOIR-56
Rev. May 2019
Year 3 Date Range: From ________________ to ________________
Alien Number of
Individual Represented
Hours of
Service
Dates Service
Provided
to
Name of Attorney
Or Representative
to
to
to
to
Total Hours Year 3:
Part 7. Declaration
This application is not considered complete without a signature. A signature is required in either Section A or Section B below, as
applicable. By signing this form, the applicant hereby certifies the eligibility of the organization, referral service, or attorney to be
included on the List.
Section A: Organization or Referral Service
Section B: Private Attorney
Under penalty of perjury, I declare: I am the authorized officer of
___________________________________ (organization/referral
service); I have examined this form, including the affirmations
and accompanying attachments, and to the best of my knowledge
and belief it is true, correct, and complete.
Under penalty of perjury, I declare that I am a licensed attorney
registered with EOIR (number ____________) and that I am not
under any order of suspension, disbarment, or other restriction
limiting my practice of law, and that I have examined this form,
including the affirmations and accompanying attachments, and to
the best of my knowledge and belief, it is true, correct, and
complete.
_____________________________________________________
Signature of authorized officer
_____________________________________________________
Print name of authorized officer
_____________________________________________________
Print title of authorized officer
_____________________________________________________
Email/Phone
_____________________
Date
_____________________________________________________
Signature of attorney
_____________________________________________________
Print name of attorney
_____________________________________________________
Email/Phone
_______________________
Date
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number.
Every effort is made to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to
provide information. The estimated average time to review the form, gather necessary materials, and assemble the attachments is 30 minutes. If you
have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Executive Office for
Immigration Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041.
The collection of this information is authorized by 8 U.S.C. §§ 1158, 1229 and 8 C.F.R. §§ 1003, 1240, 1241. All information provided in this form is
voluntary. The information you provide is necessary for EOIR to consider your request for inclusion on the List of Pro Bono Legal Service Providers.
Failure to provide the requested information may result in denial of your application. Furthermore, the submission of this form acknowledges that any
applicant approved will be subject to disciplinary procedures including public publication of findings of misconduct. EOIR may share this information
with others in accordance with approved routine uses. The List of Pro Bono Legal Service Providers is authorized by the Executive Office for
Immigration Review. Certain information on initial applications, including the applicant’s name and the immigration court locations selected, will be
disclosed to the public for comment prior to adjudication of the initial application. Information pertaining to specific individuals receiving representation
will not be disclosed as part of the public comment process.
For more information about the List of Pro Bono Legal Service Providers
visit: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
3
Optional Form EOIR-56
Rev. May 2019
File Type | application/pdf |
Author | DeCardona, Lisa (EOIR) |
File Modified | 2021-11-24 |
File Created | 2019-05-16 |