Matter of American Paralegal Academy, Inc.

• Decision Date: 28 April 1986
• Docket Number: Interim Decision Number 3012
• Citation: 19 I&N Dec. 386
• Parties: MATTER OF AMERICAN PARALEGAL ACADEMY, INC. Request for Recognition.
• Court: U.S. DOJ Board of Immigration Appeals

19 I&N Dec. 386

MATTER OF AMERICAN PARALEGAL ACADEMY, INC.

Request for Recognition.

Interim Decision Number 3012

Board of Immigration Appeals.

Decided by Board April 28, 1986.

(1) "Nominal charges," as set forth in 8 C.F.R. § 292.2(a) (1986), are not defined in terms of specific dollar amounts but have been interpreted to mean a very small quantity or something existing in name only as distinguished from something real or actual.

(2) The applicant, whose charges for services exceed amounts which can be construed as "nominal," may not rely upon the notion that its fees are substantially less than those charged by law firms or that its fees are one of the means by which it is able to fund itself.

(3) The applicant's detailed fee schedule and its statement that it will provide free services as funds become available from contributions suggest that payment is in fact a prerequisite to service; therefore, the applicant's characterization of the amounts it requests in payment for services as "donations" is not persuasive in a determination of "nominal charges."

(4) "Nominal charges," as contemplated by 8 C.F.R. § 292.2(a) (1986), were not intended as a means by which those who are able to pay for assistance help offset the expenses of those who cannot.

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

An application, Request for Recognition to Represent before the Board of Immigration Appeals and the Immigration and Naturalization Service (Form G-27), was submitted by American Paralegal Academy, Inc., requesting recognition under 8 C.F.R. § 292.2(a) (1986). The application will be disapproved.

Pursuant to 8 C.F.R. § 292.2(a) (1986), 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.

Pursuant to 8 C.F.R. § 292.2(b) (1986), 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 Service is required by this regulation to review the application and submit to the Board its recommendation for approval or disapproval and the reasons therefor. The Service recommends disapproval of the applicant's request.

The applicant explains that it is an organization which will provide legal counseling services to documented and undocumented aliens in the United States. It also offers paralegal training in order to train and educate American citizens and lawful permanent residents so that they may provide such counseling services. The applicant maintains that it will provide such services free of charge to students and clients who are unable to pay. With respect to its fee policy, the applicant's bylaws state the following:

The corporation will charge no fees to its students or clients. However, to help...