LUTHERAN MINISTRIESOF FLORIDA

Interim Decision #3132

MATTER OF LUTHERAN MINISTRIES OF FLORIDA

Request for Recognition

Decided by Board February 27, 1990

The application of a nonprofit organization seeking recognition under 8 C.F.R.

§ 292.2(a) (1989) should include detailed information as to how the organization will

operate and by whom it will be staffed, as well as other evidence regarding the

organization's qualifications such as resumes for the staff members and information as

to the availability of legal resource materials, training programs in immigration law and

procedure, and supervised employment for the staff.

BY: Milhollan, Chairman; Dunne, Morris, Vacca, and Heilman, Board Members;

Brown, Temporary Board Member

An application, on Form G-27 (Request for Recognition as a Non-

Profit Religious, Charitable, Social Service, or Similar Organization

Established in the United States under 8 CFR 292.2), was submitted

by the Lutheran Ministries of Florida, requesting recognition under 8

§ 292.2(a) (1989). In conjunction with the application for

recognition, this organization also seeks accreditation of Danielle E.

Kearney as its accredited representative. The application for recogni-

tion will be disapproved.

Pursuant to 8 C.F.R. § 292.2(a) (1989), a nonprofit religious,

charitable, social service, or similar organization established in the

United States may be recognized by the Board of Immigration

Appeals. Such an organization must establish to the satisfaction of the

Board that it makes only nominal charges, assesses no excessive

membership dues for persons given assistance, and has at its disposal

adequate knowledge, information, and experience in immigration law

and procedure.

According to 8 C.F.R. § 292.2(b) (1989), an organization seeking

recognition must file an application with the Board, along with proof

of service of a copy of the application on the appropriate district

director) The district director has 30 days to submit a recommenda-

tion to the Board, or to request a specified period of time in which to

conduct an investigation or otherwise obtain relevant information

1 In the instant case, the application for recognition was served on the district director

rather than with the Board as required by 8 C.F.R. § 292.2(b) (1989).

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Interim Decision #3132

regarding the applicant. In the instant case, the Immigration and

Naturalization Service does not oppose the application for recognition.

Lutheran Ministries of Florida, hereafter referred to as the "appli-

cant," has submitted in support of its Form G-27 its amended articles

of incorporation, proof of its tax exempt status, and a listing of legal

resource materials available to the organization. The applicant also

submitted a resume for Danielle E. Kearney and two reference letters

for Ms. Kearney.

Based upon our review of the applicant's submissions, we find the

applicant has not demonstrated that it has at its disposal adequate

knowledge, information, and experience in all aspects of immigration

law and procedure, including the visa petition process, exclusion, and

deportation. The general information provided by the applicant does

not sufficiently apprise us of how the organization will operate and by

whom it will be staffed. The information furnished by the applicant

indicates that the proposed representative's training and the organiza-

tion's experience have focused primarily on the Immigration Reform

and Control Act of 1986, Pub. L. No. 99-603, 100 Stat. 3359. Even

though the applicant has indicated the availability of some legal

resource materials and training programs in immigration law and

procedure, none of the training programs has been specifically

identified. Also, it is not shown that the applicant's staff has ready

access to the Immigration and Nationality Act, Title 8 of the United

States Code, Title 8 of the Code of Federal Regulations, and the

Administrative Decisions Under the Immigration and Nationality

Laws of the United States. Furthermore, there is no indicatimi that

there is supervised employment for its staff members. The applicant

has not provided resumes for any of its staff other than for the

proposed representative. The applicant should provide more detailed

information as to how its organization will operate and whether it will

be staffed only by the proposed representative. Further, the applicant

must demonstrate that it makes only nominal charges and assesses no

excessive membership dues for the persons given assistance. See

Matter of American Paralegal Academy, Inc., 19 I&N Dec. 386 (BIA

1986).

Also, we must paint out that recognition of an organization does not

authorize the applicant's representatives to practice before the Board

or the Service. Pursuant to 8 C.F.R. § 292.2(d) (1989), an organization

recognized under S C.F.R. § 292.2(a) (1989) may apply for accredita-

tion of persons of good moral character to act as its representatives.

Any such application should be filed with the Board, along with proof

of service of a copy of the application on the appropriate district

director.

Accordingly, the application for recognition will be disapproved.

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This denial is without prejudice to the submission of a new recognition

application with additional information. As the application for

recognition is disapproved, we need not consider the qualifications of

the individual for whom accreditation is requested.

ORDER: The application for recognition is disapproved.

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