INS Advises on Nonprofit Organizations Involvement in the Commissioner's Naturalization Initiative

Dear Mr. Parsons:

This is in response to your letter of March 9, 1994 to Commissioner Meissner, written in behalf of the State Bar of Texas Committee on Laws Relating to Immigration and Nationality.

The letter refers to plans of the Immigration and Naturalization Service (INS) to involve nonprofit organizations next fiscal year in the Commissioner's Naturalization Initiative, provided Congress appropriates funding. You noted that the State Bar Committee opposes the INS funding organizations to counsel and assist eligible persons to apply for naturalization, unless the organizations satisfy the representation standards of Title 8, Code of Federal Regulations (CFR), Section 292.

You expressed concerns about inexperienced and unscrupulous organizations, similar to some "qualified designed entities" operating during the legalization program, that have seriously harmed their clients because of the entities' legal incompetence, exorbitant fees and practices bordering of fraud.

Let me assure you that the INS shares the State Bar Committee's sentiments about the critical issue of representation. The proposed Naturalization Initiative legislation containing the citizenship education funding provision does not specify that the INS confer a special status on the community organizations. There is no mention of a certification process of "qualified designated entities" or similar organizations.

In the event the funding becomes available, the INS would require that participating organizations assisting persons to complete naturalization applications comply with the representation requirements contained in 8 CFR 292. The nonprofit organizations would need to be recognized with staff accredited by the Board of Immigration Appeals, or the organizations would need to employ attorneys to perform the representation functions.

I should note, however, that the INS may not necessarily impose the representation standards on organizations strictly performing limited citizenship education activities, such as conducting English and civics classes for naturalization applicants, or those groups solely implementing general outreach efforts, such as public forums, media public service announcements, distribution of pamphlets, flyers, posters, etc.

For your information, INS is currently conducting an extensive field research project on the Naturalization Initiative to evaluate existing and planned models promoting citizenship education. This planning exercise should enable us to determine the best ways how community organizations can participate in the initiative. During their meetings with various nonprofit organizations in several key INS district, our officers have emphasized the 8 CFR 292 representation requirements for funded organizations intending to assist persons to apply for naturalization.

Our experience has shown that nonprofit organizations with accredited staff recognized by the Board of Immigration Appeals generally provide competent, professional counseling to their clients, prepare and file complete applications, and usually cooperate satisfactorily with INS field offices on mutually beneficial projects

The interest of the State Bar Committee in the Naturalization Initiative is certainly appreciated, and I hope this response proves useful.

Lawrence J. Weinig