PRACTICE ROUNDTABLES (Evening)
Are You Smarter Than an AILA Mentor? Top 10 Mistakes to Avoid & Traps for the Unwary This advanced session will review common mistakes and traps in which practitioners find themselves. The panel will also discuss when to rely on information from clients and how to clean up mistakes made by prior counsel. Pre-Conceived Intent vs. Misrepresentation Unlawful Presence False Claims to Citizenship False Social Security Numbers Unlawful Voting Inconsistent Information on Documents and Forms Relying on Client Statements Hidden Information in Government Databases NSEERS Nancy B. Elkind (DL), Denver, CO; Robert E. Banta, Atlanta, GA; Marko C. Maglich, New York, NY; Michael E. Piston, Troy, MI CDS #3 & #4 Cutting Edge Issues in S, T & U Visas The faculty will discuss affirmative applications, relief in removal proceedings, and overcoming some of the common barriers to these claims for relief from removal. Learn the differences between these forms of relief, the advantages and disadvantages of each, and what to do when your client is eligible for more than one category of relief. The panel will also discuss ethical issues that may arise in these types of cases. Affirmative Applications The New Regulatory Framework Overcoming Grounds of Inadmissibility and Deportability Involving Domestic Violence Trends in S, T, and U Visa Processing Service Center Perspective Tips, Trends, and Ethical Issues, including Worksite Enforcement Issues Gail L. Pendleton (DL), Plymouth, MA; Charles Song, Los Angeles, CA; Andrew Stevenson, Santa Monica, CA Defeating the Slow Play: District Court Challenges to Unlawful Agency Action: The APA, Declaratory Actions, Habeas, and Mandamus This panel will focus on how to challenge agency action through use of the Administrative Procedure Act and declaratory and injunctive relief, as well as non-traditional uses of habeas and mandamus. The faculty will provide examples of cases where these avenues have been used successfully in immigration cases, and will also offer tips for litigating a successful case. General Requirements for Review: Jurisdiction after REAL-ID, Exhaustion Habeas Challenges to Detention Post REAL-ID Mandamus to Challenge Agency Delay or Inaction on Adjustment, Citizenship Applications, EADs and Other Matters The Administrative Procedure Act and Declaratory and Injunctive Relief Using Federal Court to Challenge Unlawfully Denied I-130s, I-485s, and Naturalization Applications Jeff Joseph (DL), Aurora, CO; Nadine K. Wettstein, AILF Director, Legal Action Center, Washington, DC; Angelo Amador, Washington, DC; Matthew Guadagno, New York, NY; Thomas K. Ragland, Washington, DC
CDS #7 & #8 Fundamentals Workshop: Winning the Jackpot: Naturalization This session will discuss the fundamentals of naturalization, including how to determine client eligibility and how to effectively represent your client throughout the process up to and after the USCIS interview. Is My Client Eligible? Requirements to Naturalize, Including Permanent Residence, Physical Presence, Voting and False Claims Good Moral Character—Crimes; Child Support; Selective Service; Taxes Tips and Pointers to Completing the N-400 Form—Common Mistakes to Avoid The Interview—Civics and English Language Requirements or Possible Waiver for Medical Reasons or Long-Time LPR Dealing with Processing Delays Appeals and Federal Litigation Paul Soreff (DL), Seattle, WA; Giselle Carson, Jacksonville, FL; Gali Schaham Gordon, San Francisco, CA; Jacqueline B. Martinez, Pittsburgh, PA CDS #9 & #10 How to Launch Your Own Immigration Practice Starting an immigration practice can be exhilarating and challenging at the same time. Let our experienced faculty help you launch your practice and never look back! Nuts and Bolts of Opening Your Practice Build Your Client Base Starting Today Managing Your Business Ethically and Profitably Setting Your Fees and Getting Paid Davis C. Bae (DL), Seattle, WA; Sarah Z. Brown, AILA Texas Chapter Chair, Dallas, TX; Todd Irwin, Aurora, CO; Amy R. Novick, Washington, DC
CDS #11 & #12 Is This What You Went to Law School For? The Proper Role of the Lawyer Attorney actions have become increasingly scrutinized. This panel will discuss the appropriate role of the attorney in business immigration cases. It will explore the grey areas involved in case preparation, as well as working with the employer and employee. What can the attorney do and what should he or she not be doing? Activities Which an Attorney Is Expressly Prohibited From Engaging In How to Effectively Get Information From the Employer and Employee How Involved Is Too Involved? What Can an Attorney Do and Not Do During the Different Phases of the Labor Certification Process? Preparing and Filing Applications With USCIS: Proper Role of the Attorney, the Employer and the Employee Determining the Job Title and Job Duties Drafting a Training Program Can You Sign the Employer’s Name or Revise Signed Forms in a Pinch? Warren R. Leiden (DL), AILA Board of Governors, San Francisco, CA; Amy Fallon, New York, NY; George S. Newman, St. Louis, MO; Michael F. Turansick, Chicago, IL CDS #13 & #14
No Limit Global Immigration: How Different Countries Approach Business Visitors Worldwide immigration experts will lead a roundtable discussion on general immigration alternatives for entering overseas countries for business purposes. New Developments in the U.K. and Other Key Destination Countries Temporary Work Visas From Around the World General Barriers Your Client May Run Into Hot Topics in Global Immigration Law Partnering Up: Involving Local Counsel Scott M. Borene (DL), Minneapolis, MN; Eugene Chow, Wanchai, Hong Kong; Laura Devine, London, Great Britain; Joel S. Guberman, Toronto, Canada; Manuela Morais, Philadelphia, PA CDS #15 & #16 Are There Bailouts for Immigration Practitioners? The Impact of the Economy on H-1B and PERM Filings The economic downturn has made the practice of business immigration law more challenging. The Sanders-Grassley provisions have significantly impacted the ability of particular employers to file H-1B petitions. The economic impact can also be felt on the labor certification process, as many employers are grappling with whether or not to proceed with a PERM case. Lay-offs and supervised recruitment have made an already complex process even more difficult. This panel will review the recent changes in the law and trends that affect the filing of H-1B petitions and labor certification applications, and discuss the best way to approach these cases during these trying times. Overview of Sanders-Grassley Provisions Who Is Subject to the Provisions? LCA Attestation Process Can/Should PERM Cases Be Filed in this Economic Climate? How the Economy Has Affected the PERM Process Handling Layoffs under PERM Catherine L. Haight (DL) Los Angeles, CA; Christine Alber, Newark, NJ; Alan Tafapolsky, San Francisco, CA
OPENING PLENARY SESSION AUDIO CD #17 President’s Installation AUDIO CD #18 Hot Topics Jerome G. Grzeca (DL), AILA Board of Governors, Milwaukee, WI David W. Leopold, AILA First Vice President, Cleveland, OH Jeanne A. Butterfield, AILA Executive Director, Washington, DC Crystal Williams, AILA Deputy Director of Programs, Washington, DC Marshall D. Fitz, AILA Director of Advocacy, Washington, DC AUDIO CD #19 Interagency Government Panel Bernard P. Wolfsdorf (DL), AILA President Elect, Santa Monica, CA Robert P. Deasy, AILA Director of Liaison and Information, Washington, DC William Carlson, Administrator, Office of Foreign Labor Certification, ETA, DOL, Washington, DC Dea Carpenter, Acting Chief Counsel, USICS, DHS, Washington, DC Maureen Dugan, Assistant Executive Director, Admissibility and Passenger Programs, CBP, DHS, Washington, DC Jeffrey Gorsky, Chief, Advisory Opinions Division, DOS, Visa Office, Washington, DC Barry O'Melinn, Acting Principal Legal Advisor, ICE, DHS, Washington, DC Juan P. Osuna, Chair, Board of Immigration Appeals, EOIR, Falls Church, VA Daniel Tanciar, Acting Director, Model Ports, CBP, Washington, DC FUNDAMENTALS TRACK Who Rules This Town: Agencies That Affect Immigration Law This session will provide an overview of the federal agencies that an attorney will encounter when handling immigration matters. The program will identify the jurisdiction of each agency, what applications are filed with each, how they interact with each other, and where to find information and tips for problem solving. Department of Homeland Security U.S. Citizenship and Immigration Services Customs and Border Protection Immigration and Customs Enforcement Department of State Department of Labor Employment and Training Administration Wage and Hour BALCA Administrative Review Board Social Security Administration Department of Justice Executive Office for Immigration Review Office of Immigration Litigation Office of Special Counsel Internal Revenue Service Margaret H. McCormick (DL), AILA Past President, Chicago, IL; Paschal Nwokocha, AILA Minnesota/Dakotas Chapter Chair, Minneapolis, MN; Robin D. O’Donoghue, AILA New England Chapter Chair, Cambridge, MA; Garry Davis, McKinney, TX AUDIO CD #21 Nonimmigrants: Key Concepts to Analyze First This session will provide an overview of the basic concepts, rules and procedures pertaining to nonimmigrant visa status. Visa vs. Status: What’s the Difference? Maintaining, Changing and Extending Status What Does It Mean to Overstay and What Are the Consequences? Leaving the U.S. for a Contiguous Territory and Returning on the Same Visa: The Contiguous Territory Exception Preconceived Intent: The 30/60 Day Rule Unlawful Presence: When Is It Triggered, Penalties Under §222(g), Three and Ten Year Bars Spouse/Child/Domestic Partner Considerations Jeffrey A. Devore (DL), Palm Beach Gardens, FL; David P. Berry, San Francisco, CA; Michelle Funk, Washington, DC; Alexander G. Rojas, New York, NY AUDIO CD #22 Immigrants: Visa Preference System and Acquisition of Immigrant Status This session will provide an overview of the numerical limits of the immigrant visa preference system as reported in the Visa Bulletin and the basic concepts, rules and procedures pertaining to adjustment of status and consular processing. The Immigrant Visa Preference System—Numerical Limits, Priority Dates, and Country of Chargeability How to Read the Visa Bulletin Nuts and Bolts of Adjustment of Status, Ancillary Benefits and Travel Restrictions Nuts and Bolts of Consular Processing Preserving Lawful Permanent Residence Charina P. Garcia (DL), San Francisco, CA; Sharon Cook Poorak, Atlanta, GA; Donald Jay Wolfson, New York, NY AUDIO CD #23 Nonimmigrant Visas: Part I This panel will provide a brief and basic overview of common nonimmigrant visa categories. The program will cover a mix of employment and non-employment-based categories. B-1/B-2 Temporary Visitors—Visa Waiver and Border Crossing Cards F-1/M-1 Academic/Vocational Students K-1/K-3 Fiancé(e)/Spouses of U.S. Citizens Diplomats and International Organization Employees S/T/U/Informants/Victims of Crimes J-1/Q-1 Exchange Visitors Stuart J. Reich (DL), New York, NY Michael Nowlan, AILA Michigan Chapter Chair, Detroit, MI Barbara Wong, San Francisco, CA AUDIO CD #24 Nonimmigrant Visas: Part II This panel will provide an overview of common employment-based nonimmigrant visa categories and strategies for choosing a category. H-1B Professionals L-1A/L-1B Intracompany Managers and Executives/Specialized Knowledge O and P Extraordinary Ability Individuals/Performers and Athletes R-1 Religious Workers TN Canadian/Mexican Professionals H-2A/H-2B/H-3 Nonprofessionals/Trainees E-1/E-2 Traders, Investors and Essential Employees Bennett Savitz (DL), Boston, MA; Kyle D. Sherman, Atlanta, GA; Tara L. Vance, New York, NY
BROWN BAG LUNCHES
AUDIO CD #25 Back in the USA: How to Return After Relief Has Been Granted What can you do when you win your client’s case after he or she has left the country? After you win a case for a client already deported, your job is not done, as you now need to arrange for your client’s return. Learn the practical aspects of getting your client back into the United States. Getting a Court to Order DHS to Bring Your Client Back Working with Government Attorneys In What Status Should Your Client Be Admitted? Transportation Letters Getting the Government to Pay Zachary Nightingale (DL), San Francisco, CA; Alan B. Goldfarb, Minneapolis, MN; Trina Realmuto, Basel, Switzerland; Dorothy Stefan, Chief Counsel, ICE, DHS, Seattle, WA AUDIO CD #26 Fundamentals: You Want Me to File a PERM Application? OK, Here Is What You Need to Know... This panel will provide an introductory look at the issues and topics that should be addressed with an employer and employee before beginning the labor certification process. Topics will include processing times and costs, as well as the involvement expected of the employer, employee, and attorney. The panel will also address ethical considerations including dual representation and address the diverging interests of the employer and employee when it comes to determining if the position is EB-2 or EB-3. What Does It Mean When an Employer Is Filing a Labor Certification for an Employee? Overview of the Steps Involved How Long Will It Take? What Is to Be Expected of the Employer, Employee and Attorney? Costs Involved, and Who Is Responsible for Bearing Them Ethical Considerations Gayle Oshrin (DL), New York, NY; Robert H. Cohen, Columbus, OH; Scott F. Cooper, Troy, MI; Anis N. Saleh, Coral Gables, FL AUDIO CD #27 Jeopardy Comes to AILA: Family-Based Potpourri Come test yourself against the experts in this Jeopardy-like game show. Learn all sorts of key immigration trivia providing options for your clients when the standard rules just do not win the day. It’s the jackpot or crash and burn. Who Is and Is Not Covered by §245(i) and All Those Other Special Adjustment Provisions? Diversity Visa Lottery—If I Gamble Offshore Will I Win? Who Can Avoid Those Naturalization Residence and Physical Presence Requirements? Jumping the Line—Issues Including Cross-Chargeability, Visa Priority Date Recapture, and First-Time Admission After Birth Abroad to LPR Mom How to Automatically Acquire Citizenship Under the Child Citizenship Act of 2000 Roy J. Watson (DL), Bedford, MA; Kathrin S. Mautino, San Diego, CA; Edward G. Shulman, Paterson, NJ; Steven C. Thal, Minnetonka, MN AUDIO CD #28 Place Your Bets: Unresolved Issues in Immigration Law A nuts and bolts session devoted to a hodge-podge of issues always seemingly “out there” but never getting any sort of systematic treatment. Practical, hands-on discussion guaranteed to help resolve some of those nagging problems. CSPA Unresolved Issues Visa Waiver Adjustments: Trends and Tips Acosta Cases Nunc Pro Tunc Forgiveness for Late Filed Extensions and Changes of Status Adjustment Solutions for the Out of Status Customer Service Numbers The Last Action Rule: Does It Really Exist? Other “Hot” But Unresolved Issues Angelo A. Paparelli (DL), Irvine, CA; Jonathan D. Montag, San Diego, CA AUDIO CD #29 Community outreach and advocacy is something that most lawyers are not adept at. Therefore, let’s learn from those with experience on the ground in organizing effective responses to ICE raids. See how your involvement can benefit your practice. Steady and Constant Beat—The Preparations Speed It Up—Circulating a Raid Resource Workbook in Your Community Mix It Up—Working the Media Community Liaison With ICE—Let Them Know You are Connected Jump on It—Technological Tools for Getting the Word Out Crescendo!!!—Get Out Those Trashcan Lids and Make Some Noise John C. Keller (DL), St. Paul, MN; Rosy H. Cho, San Francisco, CA; Tamar Jacoby, New York, NY ; Jenny Levy, AILA Manager, Grassroots Advocacy, Washington, DC AUDIO CD #30 Juan P. Osuna, Chair, Board of Immigration Appeals, EOIR, Falls Church, VA
TRACK I—BUSINESS
AUDIO CD #31 PERM I: Laying the PERM Foundation—Shuffle, Cut, and Deal the Cards Setting the stage for PERM recruitment is essential to increase your pay-off odds. This session will focus on handling preliminary PERM issues including the initial interview with the employee or employer, liaising with managers and human resources, and working with SWAs, education evaluators and others. The panel of experts will guide you in identifying the wild cards in preparing your PERM case. Intake—Soliciting the Right Information from the Company and the Foreign National Who Is Responsible for What Steps and Who Pays? Job Descriptions and Requirements—Using O*Net, Job Zones, and SVP to Find “Normal” and Beyond Early Analysis of EB-2 or EB-3 Eligibility Resolving Wage Issues and Documenting the Employer’s Ability to Pay Dealing With Lay-Offs—Effectively Notifying and Considering U.S. Workers Marketa Lindt (DL), Chicago, IL; Jeffrey M. Crusha, New York, NY; Punam Singh Rogers, Boston, MA AUDIO CD #32 PERM II: Ready to Recruit and File—Roll the Dice! This panel will provide an overview of how to guide employers through the PERM recruitment process. The panel will cover preparing and filing Form 9089, documenting each recruitment step and preparing documents in order to survive an audit. Choosing and Documenting Recruitment Steps Using the Company’s Existing Recruitment Procedures Effective Advocacy—The Role of the Attorney During PERM Recruitment Completing the New Form 9089 Preparing Recruitment and Lay-Off Reports; Business Necessity Justifications and Audit-Ready Documentation Ester Greenfield (DL), AILA DOL Liaison Committee Vice Chair, Seattle, WA Eleanor Pelta, AILA Second Vice President, Washington, DC Paige L. Taylor, Dallas, TX AUDIO CD #33 PERM III: Post-Filing Issues—Spin the DOL Roulette Wheel of Labor Certification Adjudication Options This panel will explore the issues and processes that may arise after a PERM application has been filed and how the immigration practitioner can navigate a case through DOL’s adjudication process. Audits—From the Common to the Uncommon; Using Expert Opinions Motions and Appeals Supervised Recruitment Refiling and Second PERM Applications Susan M. MacLean (DL), Chicago, IL; Romy K. Kapoor, AILA Board of Governors, Atlanta, GA; Grace Hoppin, San Francisco, CA; Sharryn E. Ross, Boston, MA TRACK II–FAMILY
AUDIO CD #34 Going to the Chapel in Vegas: Visa Options: B-2/I-130/I-485, K-1, K-3, Consular Processing Your client is engaged and wants to live happily ever after in the U.S. But the client has so many options. What visa strategy is best? What are the odds? So how do you advise the client who has already entered as a visitor? B Visa Admission and Possible §212(a)(6)(C) Issues; Ethical Considerations Fitting the Visa Strategy to the Client’s Plans Timeline Planning Issues Addressing I-864 Requirements as Part of the Visa Strategy Planning for the Foreign National’s Children What Happens if the Relationship Fails? Limits and Options Maria Mercedes Badia-Tavas (DL), Chicago, IL; Melissa Harms, Larkspur, CA; Leslie Anne Jewell, San Francisco, CA AUDIO CD #35 Affidavit of Support Enforcement Issues: No Such Thing as a Quickie Divorce The marriage just didn’t work out and you thought it would all just go away. However, the affidavit of support may have lingering effects on the sponsor. Family courts have begun to use affidavits of support in awarding support to the sponsored spouse. How should the immigration attorney advise the sponsor? Specific State Laws, Case Law How Long Will the Sponsor Be Under Obligation? What if Your Spouse Took Some of Those Means Tested Benefits? Now the State Wants Their Money Back! State Action to Demand Reimbursement Withdrawal of the I-864 as an Option Impact on Co-Sponsor? Ethical Questions: Conflict of Interest, Can You Advise the Family Law Attorney? Common Hypos Jonathan S. Greene (DL), Columbia, MD; Mona T. Movafaghi, Merrimack, NH; Erica L. Tomlinson, Sacramento, CA AUDIO CD #36 Unconditional Love, Conditional Residency: Pitfalls in I-751s A change in marital status or the existence of dependents often causes turmoil in the conditional residence context. This panel examines the pitfalls in the removal of conditions for these “permanent” residents. When Can You File Early? Dependents—When Are They Included? File and File Again—Divorce/Legal Separation Changing Categories and Waivers Filing While Abroad—How, When and Where to File Review of Denial in Proceedings—Temporary Authorization Issues Interplay With Naturalization Battered Spouse and Extreme Cruelty Filings Marcia N. Needleman (DL), New York, NY; Tarik H. Sultan, Tucson, AZ; Sonal J. Mehta Verma, Rockville, MD TRACK III—DUE PROCESS/ENFORCEMENT
AUDIO CDS #37 & #38 Rollin’ the Dice: Grounds of Removability and Inadmissibility, Relief from Removal, and Trial Strategies in Defense of Removal This program will assist the practitioner in devising a systematic way to analyze cases where the government has charged the client as removable or inadmissible, including a checklist for the possible forms of relief and how best to apply for them. How to Identify if Your Client Is Removable or Inadmissible and Knowing When the Government Has It Wrong Strategies for Defending Against the Charges—Should You Admit and Concede? Determining Whether Your Client Qualifies for Relief from Removal or Inadmissibility What if There Is No Relief Available? Erich C. Straub (DL), AILA Wisconsin Chapter Chair, Milwaukee, WI Mary Holper, Newton, MA Lee A. O’Connor, South Bend, IN CDS #39 & #40 Board of Immigration Appeals, Attorney General, and Federal Court Update This panel will review the key Board of Immigration Appeals, Attorney General, and Federal Court decisions issued during the past year, including Supreme Court cases. Asylum Removal Proceedings Due Process Ineffective Assistance of Counsel H. Raymond Fasano (DL), New York, NY; Lucas Guttentag, San Francisco, CA; Stacy Tolchin, Los Angeles, CA; Beth Werlin, AILF Litigation Clearinghouse Attorney, Washington, DC; John Guendelsberger, Senior Counsel, BIA, EOIR, Falls Church, VA TRACK IV—SPECIAL SESSIONS AUDIO CD #41 Dealer’s Choice: Bi-Specialization Featuring the USCIS California and Vermont Service Centers Service center personnel from CSC and VSC will respond to common issues in processing of applications. AILA Liaisons will lead the discussions and raise the pertinent questions from the common issues they have had to address. Updates From Each of the Service Centers on Backlog Reduction, Bi-Specialization and Changes in Processing Hot I-129 Issues From Receipt to Final Decision, How to Contact the Service Center When Issues Arise When and How to Use AILA Liaison for Service Center Issues RFEs, Expedites, Filing Fees and Waivers, Assembly of Submissions, Avoiding Common Mistakes Making Corrections or Changes to Applications Already Filed Suzanne B. Seltzer (DL), AILA Vermont Service Center Liaison Chair, New York, NY; Kathleen L. Grzegorek, AILA California Service Center Liaison Chair, Los Angeles, CA; Daniel Renaud, Director, Vermont Service Center, USCIS, St. Albans, VT; Christina Poulos, Director, California Service Center, USCIS, Laguna Niguel, CA; Barbara Velarde, Chief, Office of Service Center Operations, USCIS, DHS, Washington, DC AUDIO CD #42 Dealer’s Choice: Bi-Specialization Featuring the USCIS Nebraska and Texas Service Centers Service center personnel from NSC and TSC will respond to common issues in processing of applications. AILA Liaisons will lead the discussions and raise the pertinent questions from the common issues they have had to address. Updates from Each of the Service Centers on Backlog Reduction, Bi-Specialization and Changes in Processing Hot I-140 and I-485 Issues From Receipt to Final Decision, How to Contact the Service Center When Issues Arise When and How to Use AILA Liaison for Service Center Issues RFEs, Expedites, Filing Fees and Waivers, Assembly of Submissions, Avoiding Common Mistakes Making Corrections or Changes to Applications Already Filed Robert Lee DeMoss (DL), AILA Texas Service Center Liaison Chair, Montgomery, AL; Diana C. Bauerle, AILA Nebraska Service Center Liaison Chair, Chicago, IL; Gerard Heinauer, Director, Nebraska Service Center, USCIS, Lincoln, NE; David L. Roark, Director, Texas Service Center, USCIS, Dallas, TX; Barbara Velarde, Chief, Office of Service Center Operations, USCIS, DHS, Washington, DC AUDIO CD #43 Dealer’s Choice: National Benefits Center and National Visa Center Updates Personnel from the NBC and the NVC respond to issues in the processing of applications stateside and overseas. AILA Liaisons will lead the discussions and raise the pertinent questions from the common issues they have had to address. Updates From the NBC and NVC on Hot Topics, Changes in Processing, Receipting in Cases and Processing Times From Receipt to Final Decision—How to Contact the NBC and NVC When Issues Arise When and How to Use AILA Liaison for NBC and NVC Issues RFEs, Expedites, Filing Fees and Waivers, Assembly of Submissions, Avoiding Common Mistakes USCIS Says NVC Has It, NVC Says It Doesn’t. What Now? Making Corrections or Changes to Applications Already Filed Leslie K. Dellon (DL), AILA National Benefits Center Liaison Chair, Washington, DC; Maria Isabel Casablanca, AILA Board of Governors, Miami, FL; Terri Robinson, Deputy Director, National Benefits Center, USCIS, Lee's Summit, MO; Jeffrey Gorsky, Chief, Advisory Opinions Division, DOS, Visa Office, Washington, DC TRACK V—GOVERNMENT OPEN FORUMS AUDIO CD #44 Vic Goel (DL), AILA Ombudsman Liaison Committee Chair, Reston, VA Manjunath Gokare, AILA Ombudsman Liaison Committee Member, Alpharetta, GA Wendy Kamenshine, Acting Deputy Ombudsman,CIS Ombudsman Washington, DC Gary Merson, Chief of Regulations & Legislation, CIS Ombudsman, Washington, DC James Reaves, Chief, Intake, Evaluations & Problem Resolution, CIS Ombudsman, Washington, DC AUDIO CD #45 Fausta Maria Albi (DL), AILA CBP Liaison Committee Chair, San Diego, CA Silvia Romo Graves, AILA CBP Liaison Committee Member, Houston, TX Maureen Dugan, Assistant Executive Director, Admissibility and Passenger Programs, CBP, DHS, Washington, DC Daniel Tanciar, Acting Director, Model Ports, CBP, Washington, DC AUDIO CD #46 Executive Office for Immigration Review (EOIR) Open Forum Amy L. Peck (DL), AILA Board of Governors/AILA EOIR Liaison Committee Chair, Omaha, NE
CDS #47 & #48 Fundamentals: H-1B and L-1: I-129 Preparation and Supporting Documents This fundamental program will address how to complete the I-129 form when preparing initial and extension L-1 and H-1B petitions. The panelists will walk through the I-129 form section by section, as well as review what documents should be included with each petition and provide advice on drafting the position description. Finally the panelists will address when the petitions should be filed, where to file and what filing fees to include. Section-by-Section Analysis of Form I-129 and the H and L Supplements H-1B Support Documents: What to Include with Initial Filings and Extension Applications L-1 Support Documents: What to Include with Initial Filings and Extension Applications Drafting the Position Description Where and When to File and What Are the Fees? Maurice H. Goldman (DL), AILA Arizona Chapter Chair, Tucson, AZ; Dale M. Schwartz, AILA Past President, Atlanta, GA; Robert N. Gottfried, New York, NY; Judy J. Lee, Houston, TX CDS #49 & #50 Cashing in Your Chips: E Visa Issues This is an intermediate-level panel that explores various requirements and issues that arise in preparing and submitting E visa applications at the U.S. consulate. Size Matters—Issues for Large and Small Investors Money Talks—What is “Substantial?” Avoiding Marginality Escrow and Contingency Agreements Business Plans What Constitutes “Trade?” Consular Comparison and Trends Stephen Yale-Loehr (DL), Ithaca, NY; Henry J. Chang, AILA Canada Chapter Chair, Toronto, ON, Canada; Paul L. Samartin, London, Great Britain; Teri A. Simmons, Atlanta, GA; Jeffrey Gorsky, Chief, Advisory Opinions Division, DOS, Visa Office, Washington, DC CDS #51 & #52 Fundamentals: Procedure at Immigration Court 101 This introductory program is geared toward practitioners with limited or no experience with immigration court proceedings. Practitioners will learn what to expect when they appear before an immigration judge at the master calendar and individual hearing. What Should an Attorney Be Prepared to Bring and Do at a Master Calendar and Individual Hearing? Submission of Evidence: What, When and How Witnesses: When and Who Tips for Formulating Direct and Cross Examination Mark R. von Sternberg (DL), New York, NY; Harry Gastley, Immigration Judge, Las Vegas Immigration Court, Las Vegas, NV; John F. Gossart, Jr., Immigration Judge, Baltimore Immigration Court, Baltimore, MD; Noël A. Brennan, Immigration Judge, New York City Immigration Court, New York, NY CDS #53 & #54 In Vegas, Odds Are Not Probabilities—In Immigration, 90 Days Is Not Three Months: Complex Issues in Time Periods, Dates and Filing Deadlines Do not leave your client’s future to a roll of the dice. Not knowing how to count time periods and determine deadlines in the immigration field is like playing roulette. If 30 days for the RFE lands on Sunday, when must you submit? Your high-flying, constantly traveling exec wants to make one more trip to Asia before filing the N-400. Does that travel day count as in or out of the U.S.? Time Periods for Responses to RFEs, NOIDs, PERM Audits, and More Time Periods for Naturalization Eligibility Conflicting Time Periods in Regulations and Statutes (Naturalization, Conditional Permanent Residence, PERM and More) When Is a Postmark Enough to Win the Day? USCIS, DOL, DOJ Practice Practice Pointers for Managing Time Periods and Due Dates Times Periods Under the Immigration Court Practice Manual Private Couriers vs. U.S. Postal Service Delivery—What Counts as “Filed” and the Impact of Delayed Delivery Kathleen Moccio (DL), Minneapolis, MN Marcine Seid, AILA Board of Governors, San Jose, CA Christina LaBrie, New York, NY Gregg Rodgers, Seattle, WA Ari J. Sauer, Memphis, TN CDS #55 & #56 Know When to Hold ‘Em and Know When to Fold ‘Em—Corporate Changes: Immigration Status and Options Immigration lawyers are typically advised of a corporate change only after the fact and are then left to play the hand they have been dealt relating to foreign national employees who have been affected by the change. How can you try to prevent this situation and avoid being an afterthought? If you do find yourself in this situation, how do you proceed? This panel is designed to provide analysis and practical guidance relating to the immigration and non-immigration related issues arising from corporate changes. Types of Corporate Changes Affecting an Employer’s Liability Effect on NIV Employees (H, L, Blanket L, E, TN) and What You Can Do About It Effect on IV Applications and What You Can Do About It Your Role in Advising the Employer and Employee—Are You Conflicted? Forms I-9—Should You Keep Them or Start From the Beginning? Non-Immigration Issues to be Aware of (Bank Accounts Closing, Taxes, Benefits) How to Avoid Being an Afterthought—Getting Involved Before the Deal Is Done Lydia Gloria Tamez (DL), Redmond, WA; Joel H. Paget, Seattle, WA; Timothy G. Payne, Chicago, IL; Karin Wolman, New York, NY CDS #57 & #58 LGBT Issues: Some Things Should Not Be Left to Chance Panelists will discuss issues that arise in the representation of LGBT clients, specifically taking a look at the pending legislation that could change the mainstream’s idea of “family.” History and Coverage of the Uniting American Families Act Review of Matter of Lovo and Transsexual Issues NIV Alternatives to Family-Based Visa Petitions Federal Case Law Update on Asylum—Social Group Decisions Noemi E. Masliah (DL), New York, NY; Mark R. Barr, Denver, CO; Scott C. Titshaw, Macon, G A CDS #59 & #60 The Rules of the Game: The Categorical and Modified Categorical Approaches This panel will prepare the experienced practitioner to deal with evolving judicial approaches to analyzing criminal convictions. An attorney who understands how the categorical and modified categorical approaches are evolving can better defend the client against removal charges, and can also work better with criminal defense counsel to prevent removal charges in the first place. Evolving Concepts in the Categorical/Modified Categorical Approaches to Analyzing Convictions Statutory Analysis and the Elements of the Crime Sex Crimes, CIMTs, Other Unique Categories Review of Recent Court Cases and Circuit Differences Norton Tooby (DL), Oakland, CA; Ann Benson, Seattle, WA; Judith L. Wood, Los Angeles, CA
PRACTICE ROUNDTABLES (MORNING)
AUDIO CD #61
Becoming a Pit Boss: Controlling Your NIV Responses to RFEs, NOIDs, and NOIRs Why do I keep getting the same old RFEs for well-settled issues? It seems as though “standard” or “slam-dunk” cases are receiving more and more RFEs, NOIDs and NOIRs. This intermediate panel will cover key strategies and tactics in responding to these notices. Nip It in the Bud—Understanding Your Burden of Proof and Timeline What Is the Government Really Trying to Determine? Organizing Your Evidence/Response—Knowing What to Respond to and How to Respond to It How Much Outside Research Do You Really Need? What Research Are Agencies Doing? All That Work and Still a Denial—Motions to Reopen and Appeals Janet L. Henner (DL), New York, NY; Allen Orr, AILA Board of Governors, New Members Division Chair, Washington, DC; Ingrid K. Brey, Grosse Pointe Park, MI;Daniel C. Horne, San Francisco, CA AUDIO CD #62 Don’t Wager My Waiver: J-1 Waivers for Clinical Physicians Every J-1 physician sponsored by ECFMG for clinical medical training is subject to the two-year home residency requirement. Many of these physicians are not ready to return home. The U.S. also needs these physicians to offset the severe shortage of physicians in many parts of the country. This panel explores the available options for obtaining a J-1 waiver for those physicians who commit to serve those populations. The panel will also discuss best practices in navigating the process and will provide tips for obtaining a successful outcome. Initial Strategy Considerations Options for Specialists vs. Primary Care The “Conrad State 30” Program Overview of Various State Programs Federal Programs Jennifer Minear (DL), Richmond, VA; Elahe Najfabadi, Los Angeles, CA; Benjamin T. Kurten, Milwaukee, WI AUDIO CD #63 Fundamentals: Preparing a Spousal Family-Based Petition This session will provide guidance on the steps to take to sponsor a spouse. It will start with the basics as to who can sponsor a spouse. It will then go through how to complete an I-130 petition and the documents to submit to USCIS. The panel will also discuss conditional permanent residency status and the steps to remove conditional status. Options for Spouses of U.S. Citizens and Permanent Residents Drafting an I-130 Petition What Documents to Include, Where Do I File and How Long Will It Take? What Is Conditional Permanent Residency Status? Tips and Pointers on Completing the DS-230 and I-485 in a Marriage-Based Case Carlina Tapia-Ruano (DL), AILA Past President, Chicago, IL; Maria Jones, Phoenix, AZ; Nancy Alaine Peterson, St. Paul, MN; Melvin R. Solomon, Hackensack, NJ AUDIO CD #64
Good Things Come in Small Packages: Issues Affecting Small Businesses This panel is designed to focus on the specific issues affecting small businesses in the NIV and IV contexts, particularly in light of the growing view of USCIS that small companies are not viable and do not qualify for NIVs and IVs. The panel will describe the extra hurdles a small company faces in successfully filing for immigration benefits for its employees and will provide practical tips regarding what you can or should do differently when representing small businesses. Business Plans, Capitalization and Other Helpful Hints Documenting the Small Business as a Legitimate and Viable Entity Justifying Positions and the Need for a Small Business Executive, Manager or Professional Ability to Pay Dagmar Butte (DL), AILA Board of Governors, Portland, OR; Matthew Dunn, New York, NY; Andrew L. Wizner, Hartford, CT AUDIO CD #65
Playing the Trump Card: Federal Preemption: Challenging the Constitutionality of State Immigration Laws In recent years state legislatures have increasingly taken an active role in legislating laws in the absence of comprehensive immigration reform. This panel will explore the constitutionality of the states’ role in regulating immigration and immigrants. It will also address whether state and federal laws on immigration can co-exist and will address recent court cases on federal preemption. Are All State Immigration Laws Preempted Under the Supremacy Clause? Is Regulation of Immigration Different from Regulation of Immigrants? How Have State Immigration Laws Fared in the Federal Courts? Turf Wars: Are States Now Sharing the Sandbox With the Federal Government? What Are the Current Trends and State of Affairs on Preemption Issues? Margaret A. Catillaz (DL), AILA Past President, Rochester, NY; Gary E. Endelman, Houston, TX; Cynthia Juarez Lange, Santa Clara, CA; Michael Wildes, New York, NY AUDIO CD #66 Vegas Family Vacation: CSPA The Child Status Protection Act (CSPA) has changed what a “child” is in the context of certain immigration benefits. This panel will discuss the Act, practical tips and the inevitable bumps that arise. What Is the CSPA and Who Is Covered? August 6, 2002: A Very Important Date? Am I Really 21 Years Old? Calculating Your Age Issues: Filing Within One Year, Retrogression of Priority Dates Automatic Conversion or “Opt Out”? Case Law Update Charles Wheeler (DL), San Francisco, CA; Ruth K. Oh, AILA Board of Governors, Honolulu, HI; Angela M. Bean, Oakland, CA AUDIO CD #67 Hear the experts discuss differential treatment of key issues in the various jurisdictions. Learn about those jurisdictions that accord certain issues more beneficial treatment while others deal with them more severely. Conflicts on Permanent Bar Issues Conflicts on Visa Waiver Adjustments Conflicts on Categorical or Modified Categorical Approaches Conflicts on Criminal Grounds of Removal Government Forum Shopping: When the Government Moves Your Client to a Less Favorable Jurisdiction Ethical Issues in Choice of Forum Other Unique Forum Issues Robert Pauw (DL), Seattle, WA; Vikram K. Badrinath, Tucson, AZ; Jessica Boell, Portland, OR; Socheat Chea, Duluth, GA; Geoffrey Heeren, Chicago, IL FUNDAMENTALS TRACK AUDIO CD #68 Play to Stay: Employment-Based Immigration This session will cover the basic elements, concepts, and issues related to the employment-based immigrant preference categories. Extraordinary Ability Outstanding Researchers and Professors Multinational Managers or Executives Advanced Degree Holders Exceptional Ability National Interest Waivers rofessionals Skilled and Unskilled Workers Religious Workers Investors Robert S. Whitehill (DL), AILA Pittsburgh Chapter Chair, Pittsburgh, PA; Ethan E. Kaufman, New York, NY; Barbara H. Lutes, San Francisco, CA AUDIO CD #69 An Overview of Family-Based Immigration This session will provide an overview of the family-based immigrant visa categories, who qualifies and the effects of changes on the family relationship. This panel will also go through the various roles of each agency in the family-based immigration process. Immediate Relatives Preference Categories Who Doesn’t Qualify? The Effects of Changes in Family Relationship—Marriage, Divorce, Death and Aging Francis A. Novak (DL), Rochester, NY; Noemi Ramirez, AILA Southern California Chapter Chair, Los Angeles, CA; Vincent W. Lau, Cambridge, MA; Joanne Orizal, New York, NY AUDIO CD #70 Ante Up: I-864 Affidavit of Support This panel is designed to introduce the fundamentals of preparing an affidavit of support. It will go through the basics of the form, obligations, and what to do when the sponsor doesn’t meet the federal poverty guidelines. When Is an Affidavit of Support Needed? What Qualifies as Income? Determining Family Size Supporting Documents and When USCIS May Require More Co-Sponsor and Household Members—Who Qualifies; Advising the Co-sponsor or Household Members Obligations and When They Terminate Completing the I-864 Affidavit of Support Form Miko A. Tokuhama-Olsen (DL), San Diego, CA; Judith A. Ashbaugh, Tulsa, OK; Daniel Eric Marcus, Hartford, CT; Michael K. Molitz, Menlo Park, CA AUDIO CD #71 Overview of Grounds of Inadmissibility and Deportability: Issues for Nonimmigrants, Immigrants, Refugees, and Asylees This panel will address basic definitions related to “admission” and arriving aliens and the differences between inadmissibility and deportability with topics for all practitioners. Ethical considerations, including the duty of candor, will be discussed. Definitions of Admission and Arriving Aliens Differences Between Inadmissibility and Deportability Grounds of Inadmissibility (INA §212(a)) Grounds of Removability (INA §237(a)) Entry/Admission/Exceptions—US-VISIT and WHTI Ethical Considerations—Duty of Candor Anna Marie Gallagher (DL), Letterkenny, Ireland; Wafa A. Abdin, Houston, TX; Matthew L. Kolken, Buffalo, NY; Barbara A. Marcouiller, Seattle, WA AUDIO CD #72 Bad Behavior in Vegas: Overview of Criminal Grounds of Inadmissibility and Deportability This panel will review the definition of conviction and the criminal grounds of inadmissibility and deportability. The panel will also focus on practice tips for challenging the criminal grounds of inadmissibility and deportability. Review Potential Criminal Issues in EVERY Case—Effective Intake and Consultation Procedures Obtaining the Criminal Record and Determining a “Conviction” for Immigration Purposes Crimes Involving Moral Turpitude, Multiple Offenses of Inadmissibility, Aggravated Felony, Controlled Substance Offense, Drug Abuse, Domestic Violence Offense, Prostitution, Firearms Offense, or Commercialized Vice Ethical Considerations and Duty to Disclose Scott D. Pollock (DL), Chicago, IL; David W. Leopold, AILA First Vice President, Cleveland, OH; Jennifer M. Rotman, Portland, OR AUDIO CD #73 Overview of Inadmissibility and Deportability Defenses This panel is geared toward providing an overview of strategies for admission and relief from removal for nonimmigrants, immigrants, refugees, and asylees. It will introduce issues involving the burden of proof, including evidence of the existence of a conviction, applications for admission, and applications for relief. Admission Issues and Strategies to Avoid an Expedited Removal Order—Deferred Inspection, Withdrawal of Admission Application, Waiver of Visa, Requests for Reconsideration of Expedited Removal Orders by CBP Burden of Proof—DHS or the Non-Citizen? Waivers Under INA §212 for Nonimmigrants Brief Overview of Forms of Relief in Removal Proceedings Ethical Considerations David K.S. Kim (DL), New York, NY; R. Mark Frey, St. Paul, MN; Ilana Etkin Greenstein, Boston, MA; Manuel F. Rios, Seattle, WA TRACK I—BUSINESS
AUDIO CD #74 Hit Me! What Are the Odds of Securing an NIV Waiver for Your Corporate Client’s Employee? This session will focus on the complex intricacies of, and conflicts that may arise in, securing your client’s employee an NIV waiver. The panel will also spotlight particular strategies and procedural issues to provide members with an educated understanding of a cumbersome process. Assault? DWI? Drug Conviction? Overstay? Does Your Client Need a Waiver? Does Your Corporate Client Know Everything Regarding The Employee? Ethically, How Much Can You Reveal to the Employer? No “Ifs, Ands or Buts,” We Must Have This Documentation Basic Procedural Issues How Long Is It Really Taking? Bo Cooper (DL), Washington, DC; Avi Friedman, Santa Monica, CA; Susan Willis McFadden, London, Great Britain AUDIO CD #75 The H-1B Cap: Do You Have Better Odds In Vegas or Vermont? So long as the H-1B cap stays at its current limit, applying for an H-1B will remain a gamble. This panel will discuss cap-exempt employers and employees; alternative categories; ethical considerations of using alternative categories when the H-1B is the only realistic option; and establishing an overseas presence in order to bring employees in on Ls and Es or to serve as a holding ground until the cap opens up again. The panel will also address working with a client to prepare for the April 1st filing date and managing their expectations. Who Is Exempt? Employers, Employees and Other Situations Pitfalls and Considerations in Alternative Visa Categories Establishing an Overseas Office to Bring in Ls and Es Working With the Client to Prepare for the Cap; Managing Expectations Palma R. Yanni (DL), AILA Past President, Washington, DC; Sarah Buffett, Charlotte, NC; David Grunblatt, Bylaw Committee Chair, Newark, NJ; Romulo E. Guevara, Phoenix, AZ AUDIO CD #76 Do You Always Win With 21?: Strategic Counseling on AC21 Relying on hypotheticals and participant interaction, this panel will explore the specifics and the nuances of AC21, drawing on agency guidance, patterns of adjudication, and real world situations. H-1B Portability: Timing, Documenting, Limitations, Travel, Bridging H-1B Extensions Based on PERM [§106(a)] H-1B Extensions Based on I-140s [§§106(a) and 104(c)] Adjustment of Status/I-140 Portability [§106(c)] Related Issues: Recapturing, Cap-Exempt Petitioners A. James Vazquez-Azpiri (DL), San Francisco, CA; Susan C. Ellison, Boston, MA; Naomi Schorr, New York, NY AUDIO CD #77 Do New TN Rules Favor the House? Practitioners with extensive TN and TN-2 experience will lead a conversation about the current TN environment, implementation of the new TN regulations, and TN issues related to specific professions, consular posts and ports of entry. The New TN Regulations The “Real World” of TN Practice—Dealing With Degree Requirements, Immigrant Intent, and Problematic Professions The Difference Between Reversing and Rehabilitating a Denial Where to Turn for Help Service Center Adjudications vs. Consular/Port of Entry Applications Roberto D. Caballero (DL), Houston, TX; Heather N. Segal, AILA Board of Governors, Toronto, ON, Canada; Janet Holste Cheetham, Seattle, WA; James D. Eiss, Buffalo, NY AUDIO CD #78 At the Casino With L-1s and Other Gamblers The L-1 visa has its own quirks and personality. This advanced panel will look at the unique features and every day issues that arise when preparing an L-1 petition, including: what documentation does the transferring entity need to prove that it is or will be doing business in the U.S.; specialized knowledge and blanket Ls; and planning for an immigrant case. The panel will also focus on issues that can arise at specific consular posts. Getting Started in the U.S.—New Office Ls What is “Specialized Knowledge?” Strategies and Planning for an EB-1 Petition—Advancing an L-1B to an L-1A; Doing Business Blanket Ls—Maintaining the Blanket as Corporate Structure Changes; Issues for Visa Issuance Special Issues/Specific Countries—India, China and Russia; Overcoming Consular Suspicion Larry L. Drumm (DL), San Francisco, CA; Kehrela Hodkinson, AILA Rome District Chapter Chair, London, Great Britain; Neil S. Dornbaum, Newark, NJ; Karen Koenig Winarsky, Atlanta, GA AUDIO CD #79 You Don’t Have To Be a Star, Baby: Artists, Entertainers & Performers The concept of “extraordinary ability” has a variety of meanings within USCIS regulations. While in the context of business and science it refers to “those at the top of their field,” in the entertainment industry, it has a lower threshold, referring to the highly talented. This panel discusses the significance of these differing standards, how to meet the regulatory criteria, and necessary documentation in representing these cases. Determining the Appropriate Visa: O or P Understanding “Acclaim,” “Prominence,” and “Distinction” Agent as Petitioner Obtaining Appropriate Consultations Essential Support Personnel Jonathan Ginsburg (DL), Fairfax, VA; Mark D. Koestler, New York, NY; Laya R. Kushner, Charlotte, NC; Ian David Wagreich, Chicago, IL TRACK II–FAMILY AUDIO CD #80 Unlawful Presence: What Happens When You Have Stayed At the Party Too Long This advanced panel will discuss the issues surrounding unlawful presence, how it is interpreted, applied and often misapplied. The complicated patchwork of agency memoranda make this panel a must for every immigration practitioner. Unlawful Presence vs. Out of Status Special Interpretations of Unlawful Presence Impact of a Change of Status and Extension of Status Unlawful Presence in Proceedings The Permanent Aggregate Bar INA §212(a)(9)(C) and Its Application to Juveniles Maureen O’Sullivan (DL), Boston, MA; Carole M. Mesrobian, San Jose, CA; Paul W. Virtue, Washington, DC AUDIO CD #81 What Happened in Vegas, Was Supposed to Stay There! Waivers in Family Cases When those oops, omissions and other mistakes come back to haunt you. This panel will discuss common scenarios in family-based cases that may require a waiver. INA §212(g): Health-Related Waivers, Review HIV and Recent Changes INA §212(h): Crimes Involving Moral Turpitude, More Than One Crime, Prostitution, Possession of Marijuana INA §212(i): Misuse of Visitor Visa, Fraudulent Passport, Fraud at the Consulate, Fraud at Entry Documenting Waivers: Psych Evaluations, Medical Issues, Extreme Hardship Affidavits Other Waivers: §212(d)(3), and §245(i) Strategy: To Appeal or Not to Appeal a Denial; Re-Filing With Waiver, Filing Overseas, Review in Proceedings Review Recent Case Law Gloria A. Goldman (DL), AILA Board of Governors, Tucson, AZ; Rolando Rex Velasquez, AILA Nevada Chapter Chair, Las Vegas, NV; Raul E. Godinez, Los Angeles, CA; Lourdes Santos Tancinco, San Francisco, CA AUDIO CD #82 The Wheel of Misfortune: Don’t Count On Luck When Preparing I-601 Waivers Preparing winning I-601 waiver applications can be a very difficult task and attorneys should be ready to analyze every factor possible to address the hardship to family members should the beneficiary be forced to leave the U.S. or is outside the U.S. waiting to return. Today the use of outside expert resources such as forensic psychological and medical reports and related supporting documentation may tip the scale in your case. This panel will provide attorneys with the advanced knowledge and tools necessary to tackle the preparation of hardship waiver applications. What Type of Issue Are You Waiving? Criminal, Medical, Unlawful Presence, etc. What is Extreme Hardship and How Best to Present Your Case Family Knows Best—Analyzing Family Relationships to Prepare Your Case What Constitutes Sufficient Evidence and What Type of Forensic/Medical Experts Are Best for Your Case Mitigating and Aggravating Factors Where Do You File? Where Is the Beneficiary? Robert D. Kolken (DL), Buffalo, NY; Cynthia A. Aziz, Charlotte, NC; Laurel Scott, Houston, TX; John “Wally” Bird, Deputy Chief of International Programs, USCIS, Washington, DC AUDIO CD #83 When a Marriage Becomes a Risky Business: VAWA Part I This first session of this two-part program will move from the basics of VAWA to the more difficult issues of the day. From the beginning of a lawyer/client relationship on a VAWA case, dealing with issues of trust and safety, to the final interview, this session will cover the practical basics. Can the Marriage Be Saved? Is a Safety Plan in Place? Understanding the Dynamics of a Volatile Family Situation and Ways to Protect Your Client Who Qualifies Under VAWA and for What? Where and How to File I-360/I-485/I-765 Tricky Priority Date Issues for VAWA Beneficiaries Susan Bowyer (DL), San Francisco, CA; Salvador Colon, Houston, TX; Barbara Graham, Milwaukee, WI AUDIO CD #84 Families in Crisis: VAWA Part II Explore the fine details of ethics, inadmissibility and removal defense in the VAWA context. This second session will delve into the complexities of marriage/relationships and how best to protect your client from the players in the system. Subpoenas, Reconciliation and Annulments—How to Cover Your Hand Confidentiality—When Mistakes by USCIS Place Your Client in Danger VAWA Cancellation—Who Is Covered, Differences from Affirmative VAWA How to Educate Judges and Opposing Counsel on the Cycles of Violence What to Do When Your Client Violates a Protection Order Other Common Problems When Dealing with Families in Crisis Veronica T. Thronson (DL), Las Vegas, NV; Kavitha Sreeharsha, Washington, DC; Sameera Hafiz, Washington, DC AUDIO CD #85 Maintaining Your Ties and Preserving Permanent Residence This session will evaluate the complex issues involved in determining whether to preserve or surrender permanent resident status. Legal advice often varies depending on the client’s current situation and future plans. Don’t forget to count the number of days, and keep your continuous residence and your legal permanent residence while traveling abroad for extended periods of time. How Long Can I Safely Stay Out of the U.S.? I Really Don’t Want to Live in the U.S., but I Want to Be Able to Travel In and Out Whenever I Want Does a Re-entry Permit Preserve My Residence? What Strategies Work for Families with Dependents Who Are Not Eligible for LPR? What If I Get a Job Overseas? What If I Go to School Overseas? Should I Bother to Keep My LPR Status? Ellen Freeman (DL), Pittsburgh, PA; Elizabeth A. Thompson, Minneapolis, MN; Mary Ann Wloszek, San Francisco, CA TRACK III—MASTERS DUE PROCESS/ENFORCEMENT
AUDIO CD #86 Immigration Court Workshop Part I: The New Immigration Court Practice Manual & Other Court Rules Learn more about the Immigration Court Practice Manual (ICPM) since its implementation in 2008. Hear about important updates, continued problems with ICPM, strategic use of the manual, and the various burdens (proof, persuasion, and presentation). Learn also how the new ethics regulation is being applied. Using the ICPM Strategically to Win Your Case Holding the Government to the Standards Burden of Proof, Burden of Persuasion, Burden of Presentation ICPM Problems and Pitfalls Ethical Issues and the New Ethics Regulation Nancy Morawetz (DL), New York, NY; Linda Kenepaske, New York, NY; Juliann Bildhauer, Seattle, WA; John F. Gossart, Jr., Immigration Judge, Baltimore Immigration Court, Baltimore, MD AUDIO CD #87 Immigration Court Workshop Part II: Using Motions to Win Your Case This is the second panel in a three-part series for practitioners who practice before the immigration courts. This session will explore the strategies attorneys can use to improve the odds of success for the client by filing motions to control the litigation, as well as to challenge the charges against the client, and the evidence the government offers to make its case for removal. Using Motions in Immigration Court Federal Rules of Evidence and Civil Procedure: Do They Apply? Can You Use Them? Getting the Judge’s Help: Motions to Suppress, Motions for Subpoenas, Motions for Jencks Statements, and Other Discovery Techniques Motions to Change Venue Res Judicata and Collateral Estoppel: What Do They Mean, and Where Do They Work? Motions to Administratively Close, Motions to Terminate Melissa Frisk (DL), Washington, DC; Rex Chen, Newark, NJ; Margaret Gleason, Washington, DC; Polly A. Webber, Immigration Judge, San Francisco, CA AUDIO CD #88 Immigration Court Workshop Part III: Motions to Reopen and Reconsider: Strategies That Work This third part of a three-part series will help practitioners master issues relating to motions to reopen and reconsider, and other post-hearing methods for obtaining relief for clients whose cases have already been decided by an immigration court. This session helps explain when and under what circumstances you can file motions with the immigration court or BIA to obtain relief for your client. The Implications of Dada v. Mukasey Motions to Reopen After Departure Motions to Reopen After Changes in the Law, Ineffective Assistance, Tolling, Due Diligence Joint Motions to Reopen New Evidence or New Facts; Standards for Motions to Reconsider Maria T. Baldini-Potermin (DL), Chicago, IL; Nancy Ann Fellom, San Francisco, CA; Jodi Goodwin, Harlingen, TX; John Patrick Pratt, Miami, FL AUDIO CD #89 Showing Your Cards: What Does A Government Attorney Want to See? Gain some insights from “the other side” by listening to a panel of government attorneys discuss immigration law as they practice it. The panel will discuss their concerns, objectives, and priorities as they work on behalf of the U.S. government. Perspectives from an OIL Attorney Perspectives from a BIA Staff Attorney Perspectives from the USCIS Office of Chief Counsel Perspectives from an ICE Attorney Perspectives from a Government Criminal Prosecutor Perspectives from an Asylum Officer Deborah Ann Sanders (DL), Washington, DC; Daniel Brown, Washington, DC; Ellen Gallagher, Special Counsel, Office of the Chief Counsel, USCIS, Washington, DC; David Neal, Vice Chair, Board of Immigration Appeals, EOIR, Falls Church, VA; Dorothy Stefan, Chief Counsel, ICE, DHS, Seattle, WA; Michele Y. F. Sarko, OIL Attorney, U.S. Department of Justice, Washington, DC AUDIO CD #90 The Unusual Removal Case: Removal Outside Traditional Immigration Courts This panel is intended to cover atypical removal proceedings, i.e., what to do when a client faces removal outside the traditional immigration court proceeding. This session will also cover those cases where a client is forced into the U.S. (reverse rendition) and later faces removal for having entered improperly. INA §§217, 238(b), 238(c) Removals Expedited Removal Summary Removal Without Any Process Reinstatement of Removal Reverse Rendition Hilary A. Han (DL), Seattle, WA; Matt Adams, Seattle, WA; Steven A. Morley, Philadelphia, PA AUDIO CD #91 When Your U.S. Citizen Client is Detained or Deported An assortment of issues are associated with cases involving individuals who are U.S. citizens and have been wrongfully deported or placed in detention. Hear a panel of experts discuss a variety of related topics: proving your client is a U.S. citizen, gaining release from detention, getting your client back in the U.S., and obtaining financial redress for the harm that your U.S. citizen client has suffered. How to Prove Your Client Is a U.S. Citizen—Different Agencies, Different Methods Burden of Proof and Persuasion; Claimed Status Hearings Problems of Proof—Midwives, Mentally Ill Clients, and Missing Documents Getting a U.S. Citizen Out of Detention Damage Claims: Bivens and FTCA Marc Van Der Hout (DL), AILA Board of Governors, San Francisco, CA; Laura Lichter, AILA Treasurer, Denver, CO; Jackie Bliss, Washington, DC
TRACK IV—MASTERS BUSINESS/DUE PROCESS AUDIO CD #92 High-Wire on the Strip: Balancing Competing Demands on Employers This is a high-level strategy session aimed at identifying and resolving conflicts created by competing legal demands on employers. The panel will address the intersection of immigration and employment specifically as it relates to employer concerns in a down economy. It goes beyond a primer on immigration and employment law. Potential Employer Actions in a Down Economy: RIFs and Other Alternatives Corporate Planning for a RIF and Considerations for Foreign National Workers Corporate Planning for Alternative Actions: Employment and Immigration Considerations for Benching, Hours Reductions, and Wage Rate Deductions Involving H-1B Workers Potential Employment/Sponsorship Agreement Obligations Related to Workers in the Midst of the Permanent Residence Process Conflicts of Interest for Attorneys Aimee Todd (DL), AILA Atlanta Chapter Chair, Atlanta, GA; Laura Danielson, Minneapolis, MN; Mary E. Pivec, Washington, DC; Peter T. Schiron, New York, NY AUDIO CD #93 Playing Defense: Counseling Corporate Clients on Immigration Compliance This master’s session will help you advise your clients on the design, implementation, and maintenance of an immigration compliance program that minimizes exposure to liability. The focus is on proactive practical steps for employers. Corporate Compliance Programs—Protection vs. Risk Strategies for Risk Mitigation and Setting Up a “Good Faith” Defense Tips to Develop Programs to Best Deal with State, ICE or DOL Audit Requests I-9 Compliance and Corporate Transactions Avoiding IRCA Discrimination Handling SSA No-Match Letters Eric S. Bord (DL), Washington, DC; Elise A. Fialkowski, Philadelphia, PA; Pamela P. Mick, Chicago, IL; Avram E. Morell, Newark, NJ AUDIO CD #94 You Had a Good Hand, But Hit Too Hard: Dealing with Difficult Consular Processing Issues What can be done once an application is denied at a consulate? This panel will discuss the main trouble spots for consular applications and provide tips for reaching a resolution. This panel will cover trends and tips at various consular posts for handling these complex matters. CIMTs, DUIs, Drugs and Other Arrests and Convictions Material Misrepresentations Can You Overcome a §214(b) Denial? INA §221(g) Denials Readjudication of Petitions Emergency Interviews Anastasia Tonello (DL), New York, NY; Stephen Pattison, London, Great Britain; Jan M. Pederson, Washington, DC; Melissa A. Bishop, Deputy NIV Chief, U.S. Embassy, State Department, American Embassy Mexico, Mexico City, Mexico AUDIO CD #95 Shelter From the Storm: Temporary Protected Status Workshop This workshop will cover current trends involving Temporary Protected Status (TPS), including difficult issues such as what to do when parents qualify for TPS, but their children seemingly do not; how to file for TPS when the client is in proceedings; and how to appeal TPS denials. The faculty will also discuss whether and how it is possible to adjust the status of a TPS applicant when he or she becomes independently eligible through, say, marriage to a U.S. citizen. Who Is Covered? Issues Involving Parents and Children, Late TPS Disqualification from TPS Jurisdiction Over TPS Applications TPS Travel, TPS Adjustments—The Issue of Parole Update on TPS Appeals James W. Austin (DL), Kansas City, MO; Shelley Wittevrongel, Boulder, CO; Anne G. Relias, Chicago, IL AUDIO CD #96 Non-Citizens and the U.S. Military The INA and other statutes create unique benefits for non-citizens who serve in the U.S. military, and also require such service of non-citizens under certain circumstances. This panel will cover the range of military-related immigration issues and update practitioners on recent changes to the law. The Pentagon’s new program that allows legal aliens without green cards to bypass the green card process and go straight to U.S. citizenship will be discussed. The panel will also highlight AILA’s pro bono program, AILA Military Assistance Program (AILA MAP), which has been providing assistance to military legal assistance offices and military members themselves. Selective Service Issues for Non-Citizens Enlistment in the U.S. Armed Forces; New Opportunities for Non-LPRs Military Naturalization and Denaturalization—Peacetime vs. Wartime Consequences of Military Disciplinary and Criminal Charges Special Visas for Foreigners Who Work for the U.S. Military AILA MAP—Pro Bono Opportunities Assisting Military Members and Their Families Margaret Deborah Stock (DL), Anchorage, AK; Kristan K. Exner, Port Chester, NY; Matthew Lee, Centerville, MA AUDIO CD #97 Was This in the Cards? State and Local Involvement in Immigration Enforcement Learn more about state and local attempts to take on enforcement of immigration laws out of frustration with the federal government’s failed efforts. This panel will delineate those state and local attempts, how those attempts have impacted both citizens and aliens, and local advocacy by the immigration bar and others. State and Local Attempts to Enforce Immigration Laws: Trends and Challenges State Benefits, Licenses, and Other Indirect Impacts INA §287(g) Agreements and Other Cooperation With DHS; Refusals to Cooperate Local Advocacy Joan Friedland (DL), Washington, DC; Lisa T. Johnson-Firth, Manassas, VA; Michele Garnett McKenzie, Minneapolis, MN; Martin Rosenbluth, Durham, NC TRACK V—LAW PRACTICE SUCCESS
AUDIO CD #98 Las Vegas Underground: Notarios, UPLers & Other Unsavory Characters All around America, fraud crimes are committed causing untold grief on unsuspecting immigrants. What can and should be done? New Tools to Combat Notario Fraud The Real World of UPL Saving Clients After the Damage Is Done Watch It! Your Paralegals and Your Law License Jason Abrams (DL), New York, NY; Thomas E. Fulghum, Durham, NC; David Zetoony, Washington, DC AUDIO CD #99 The Keys to Financial Success You work harder every year, so how do you know when you’re ahead? This panel covers the tools and information you need to achieve even greater financial success. Planning For Success, Profitability, and Growth Setting and Achieving Firm Benchmarks Responding to Client Service and Fee Demands that Seek to Exploit a Sinking Economy Financial Reports Everyone Needs to Know Creative Thinking to Manage the Effects of Recession Paul L. Zulkie (DL), AILA Past President, Chicago, IL; Vic Goel, AILA Ombudsman Liaison Committee Chair, Reston, VA; Emily J. Curray, Denver, CO AUDIO CD #100 50 Technology Tips, Gadgets, and Websites for Immigration Lawyers This fast-paced program features dozens of practical, free or low-cost ideas, utilities, tools, and computer tricks to help immigration lawyers to more effectively use technology to enhance their professional and personal lives. What’s Hot and What’s Not for Solo and Small Firms Mobile Technology: Where Do You Want to Work Today? Improve Your Internet IQ with Terrific Tips and Websites Protecting Client Information and Your Reputation David S. Jones (DL), Las Vegas, NV; Reid Trautz, Director, AILA Practice & Professionalism Center, Washington, DC; Jim Calloway, Oklahoma City, OK AUDIO CD #101 Marketing Your Brains Out, Without Losing Your Mind Good marketing can be critical to helping your practice thrive even in these tough times. A look at the elements of successful marketing in a rough economy! We’ll help you re-energize your marketing in just one hour! Marketing Is More Than Rolling the Dice! How you should retool your marketing efforts in a recession Building Business Development Into Everyday Practice Getting Better Results From Your Website Marketing Tools and Techniques—Inside and Outside the Box! Gregory Howard Siskind (DL), Memphis, TN; Jim Calloway, Oklahoma City, OK; Mark A. Ivener, Los Angeles, CA AUDIO CD #102 It’s YOUR Business: Managing Success in a Changing World For many, managing your practice in a recessionary economy is a difficult and stressful task. What steps you take and how you to respond to change may be critical to your firm's financial survival. Whether you are solo or have multiple employees, this session could be your most profitable hour all year! Defining, Refining, and Improving Your Management Style in a Recessionary Economy Improving Your Bottom Line Necessary RIFs to create a Productive and Effective Workplace Best Practices That Work Carl M. Shusterman (DL), Los Angeles, CA; Kirby Gamblin Joseph, Aurora, CO; Sheela Murthy, Owings Mills, MD AUDIO CD #103 The Best You Can Be: Practical Tips to Enhance Your Performance Immigration practice can be very stressful in the best of times and is even more unpredictable in a down economy. Too much stress takes its toll on our physical, mental and emotional well-being, which affects our personal lives and our ability to serve clients. This seminar offers practical tips to help you reduce your stress and enhance your performance in the practice of law. Special Concerns When Money is Tight and the Phone Isn't Ringing Ideas to Improve Your Office Productivity Practical Tips to Handle Stress in Immigration Practice Dealing With Difficult Clients, Employees, and Immigration Officials Identifying and Handling Substance Abuse in the Workplace C. Lynn Calder (DL), Raleigh, NC; Gerard M. Chapman, Greensboro, NC; Kristina K. Rost, Burlington, MA TRACK VI—GOVERNMENT OPEN FORUMS
CDS #104 & #105 Department of State (DOS) Open Forum Robert C. Divine (DL), AILA DOS Liaison Committee Chair, Chattanooga, TN Parastoo Golesorkhi Zahedi, AILA DOS Liaison Committee Member, Vienna, VA Jeffrey Gorsky, Chief, Advisory Opinions Division, DOS, Visa Office, Washington, D.C. Edward McKeon, Minister Counselor for Consular Affairs, Foreign Service Officer, Department of State, American Embassy Mexico Melissa A. Bishop, Deputy NIV Chief, U.S. Embassy, State Department, American, Embassy Mexico, Mexico City, Mexico CDS #106 & #107 Department of Labor (DOL) Open Forum Catherine L. Haight (DL), AILA DOL Liaison Committee Chair, Los Angeles, CA; Ester Greenfield, AILA DOL Liaison Committee Vice Chair, Seattle, WA William Carlson, Administrator, Office of Foreign Labor Certification, ETA, U.S. Department of Labor, Washington, DC Elissa M. McGovern, Chief, Policy Division, Office of Foreign Labor Certification, U.S. Department of Labor, Washington, DC; Brian Pasternak, PERM Program Manager, U.S. Department of Labor, Washington, DC CDS #108 & #109 U.S. Citizenship and Immigration Services (USCIS) Open Forum Sharon R. Mehlman (DL), AILA USCIS Liaison Committee Chair, San Diego, CA Alexis S. Axelrad, AILA USCIS Liaison Committee Vice Chair, New York, NY Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, Washington, DC Lori Scialabba, Associate Director, Refugee, Asylum and International Operations Directorate, USCIS, Washington, DC Barbara Velarde, Chief, Office of Service Center Operations, USCIS, DHS, Washington, DC Dea Carpenter, Acting Chief Counsel, USICS, DHS, Washington, DC CDS #110 & #111 Immigration and Customs Enforcement (ICE) Open Forum Cheryl David (DL), AILA Board of Governors/AILA ICE Liaison Committee Chair, New York, NY Mary E. Kramer, AILA ICE Liaison Committee Member, Miami, FL John P. Torres, Acting Assistant Secretary, ICE, DHS, Washington, DC Barry O'Melinn, Acting Principal Legal Advisor, ICE, DHS, Washington, DC David Landau, Immigration & Customs Enforcement, Appellate & Protection Law Division, Falls Church, VA BROWN BAG LUNCH SESSIONS
AUDIO CD #112 AILA Great Moments in Immigration History This panel will regale the audience with stories of the immigrant experience in the development of Las Vegas. Entertainment, cuisine, and personalities from around the world converged on this oasis in the desert to make Vegas what it is today. Frederic Apcar and the Birth of the Showgirl—From Paris to Vegas Production Pioneers Siegfried and Roy—From Austria to Vegas From Canada with Love—Cirque du Soleil Cuisine of the World—Famous Vegas Chefs Artists and Entertainers of Las Vegas M. Edwin Prud’homme (DL), Las Vegas, NV; John A. Curtas, Commentator & Restaurant Critic, Las Vegas, NV; Elizabeth Foyt, Journalist, Las Vegas, NV; Norm Johnson, Journalist, Las Vegas, NV AUDIO CD #113 B-1s: What Happens in Vegas, Stays in Vegas As business operations increasingly become more global, more foreign nationals are entering the U.S. to conduct “business.” This panel will address the proper use of the B-1 business visitor visa. It will cover what activities are permissible, as well as discuss what a client should bring and be prepared to say at a U.S. consulate and at the port of entry. Finally, the session will also address how to deal with denials at the consulate and port of entry. Proper Use of a B-1: What Can an Individual Really Do? After Sales Service Exception to the “Performing Services” Bar B-1 in Lieu of H-1B, J-1 and H-3 Preparing a Client for a Consular Interview and Entry Into the U.S.—What Should They Bring and What Should They Say? Handling Denials at the Consulate and Port of Entry Steven M. Ladik (DL), AILA Past President, Dallas, TX; Andrew T. Chan, Seattle, WA; Christi Hufford, Memphis, TN; Nita Nicole Upadhye, London, Great Britain AUDIO CD #114 Beating the House: How Criminal and Immigration Lawyers Can Work Together Fruitful collaboration between criminal defense and immigration attorneys is best illustrated by their work together on the immigration consequences of criminal convictions. Learn more about the importance of such cooperative activity taking place before it’s too late. Perspective of a Criminal Defense Lawyer Perspective of an Immigration Lawyer Expert Opinions Regarding Immigration Consequences of Criminal Convictions Resources for the Practitioner Kara Hartzler (DL), Florence, AZ; Michael R. Smith, Portland, OR; George A. Terezakis, Mineola, NY; Robert J. McWhirter, Tempe, AZ AUDIO CD #115 Don’t Gamble with Your Future: Retirement and Other Challenges for Baby Boomers Join us for an interactive, informative, and uplifting discussion on the transition challenges soon to face many practicing lawyers. Transitions: Retirement or Second Season of Service? Anatomy of Successful Transitions Recreating Your Life/Career or Retirement? Financial, Practical and Emotional Aspects of Transition Kenneth Stern (DL), Denver, CO; Roxana C. Bacon, Phoenix, AZ; Leon Rosen, AILA Past President, Las Vegas, NV AUDIO CD #116 Fundamentals: Basic Concepts of I-140 Preparation This fundamental program will address how to complete the I-140 form and prepare the petition for filing. The panelists will walk through the form section by section, as well as review what documents should be included with the application. Finally the panelists will address with which service center to file. Analysis and Completion of I-140 Form Evidence to Establish Ability to Pay Evidence to Establish Education and Experience Requirements Where to File Wendy Castor Hess (DL), Jenkintown, PA; Atessa Chehrazi, AILA Northern California Chapter Chair, San Francisco, CA; Linda Rose, AILA Board of Governors, Nashville, TN; Annie Jen Wang, New York, NY
AUDIO CD #117 Fundamentals: I’ve Got My First Job Now What Do I Do? This session is geared towards the newer practitioner navigating the workplace for the first time. The session will cover what resources a new practitioner should be looking at to find the relevant law and guidance when preparing and filing various applications. The program will also cover professional and business development, managing ethical and other problem issues, and managing priorities. This will be an interactive session, with panelists providing general guidance covering the subjects intermixed with Q&A. Overview of Legal Resources and Legal Research Strategies Business Development Tips Tips for Managing Priorities and Caseload How to Handle Unethical Situations that Arise from Clients or in the Workplace The Benefits of Becoming More Involved in AILA Michael D. Patrick (DL), New York, NY; Jesse A. Lloyd, Oakland, CA; Rebecca L. Sigmund, Atlanta, GA AUDIO CD #118 Degree Equivalency Workshop: Winning (and Losing) Combinations Through the use of hypotheticals, this workshop program will explore how to read the cards and recognize degree equivalency issues and ensure that education credentials that satisfy employers also meet USCIS EB-2 or EB-3 expectations at the I-140 stage. Panelists will address agency interpretations and trends in adjudications. Foreign Equivalent Education vs. Foreign Equivalent Degree 3-Year Degrees and Combined Degrees—Real World vs. USCIS World Developing Degree Equivalency at the Labor Certification Stage Using Education Evaluation Agencies Agency Interpretations and Adjudication Trends Cheri R. Peterson-Ross (DL), Chicago, IL; Cynthia L. Shearn, Chicago, IL; Ronald Y. Wada, San Francisco, CA AUDIO CD #119 False Claims to U.S. Citizenship False claims to U.S. citizenship are becoming more problematic for practitioners as the definition of what constitutes a claim expands and allowance for exceptions diminishes. In this session, you can ask questions of a panel of experts in this area. Was It a False Claim to Citizenship? Can Minors Make a False Claim? What About Claims Made by Others? How Should You Deal with “Claims” at the Border, the DMV, the Workplace, and the Bank? What Is the “Timely Retraction” Doctrine? Does It Work? Court Challenges, Trends, and Tips Michael H. Davis (DL), Minneapolis, MN; Denyse Sabagh, AILA Past President, Washington, DC; Phillip F. Fishman, Minneapolis, MN; Jackson Chaney, Irving, TX AUDIO CD #120 Protecting Those With a Weak Hand: Juveniles Learn how to protect juvenile immigrants as they float through the legal systems of juvenile justice, foster care and immigration. This workshop will examine the interactions of state welfare agencies, ICE and USCIS and how to balance the process with the best interests of the child. Basics of How to Protect and Assist Juveniles Undocumented Minors in Foster Care Victims of Trafficking, Crime and Domestic Violence Representing Juveniles in Immigration Court Proceedings David B. Thronson (DL), Las Vegas, NV; Deborah Lee, Miami, FL; Pamela Goldberg, UNHCR, Washington, DC; John W. Richardson, Immigration Judge, Phoenix Immigration Court, Phoenix, AZ AUDIO CD #121 REAL ID Countdown to December 31, 2009: Will States Play Their Upper Hand or Fold? As of May 11, 2008, state driver’s licenses and identification cards are no longer accepted for federal purposes unless DHS determines that a state is compliant with the Real ID Act or a state has been approved for an extension by the Secretary of DHS. All 56 U.S. jurisdictions have received an initial extension from the Secretary of DHS. This breakfast with the experts session will provide further insight as to the “real” impact this will have on your clients and the processing of their cases before the respective federal agencies. How We Got to This Point What Are the Minimum Nationwide Standards for State Driver’s Licenses or ID Cards? What Are the Data Requirements? Opting In or Out of the Program—What States Are Doing to Address It and Federal Government’s Enforcement National Impact—An Analysis of the Impact of the Program, the Costs and the Reality of Its Implementation State-by-State Survey—What Is Your State Doing? Lenni Beth Benson (DL), New York, NY; Khorzad Adi Mehta, Owings Mills, MD; Julie A. Pace, Phoenix, AZ AUDIO CD #122 Workshop: Salvation on the Strip—Religious Workers USCIS believes that a third or more of religious worker petitions involve some level of fraud. This workshop will focus on the fallout from that belief, ways to approach R-1 and I-360 petitions and delays in their adjudication. This will be an interactive session, with panelists providing general guidance covering the below subjects intermixed with Q&A. Has Elvis Returned or Is He Still Dead ... Applying for Special Immigrant Religious Worker Visa (I-360) Under New Regulations Is the Church of Elvis Really a Religious Body for R-1 or I-360 Purposes? Documentation Required and Desirable 501(c)(3) status Is Elvis Really a Religious Worker? How Long Is 2 years? Range of Occupations Fraud Investigation We Pray Religiously for Adjudication, But Nothing Happens: Effect of Delay, R-1 Extensions; 240 days and Unauthorized Employment Litigate or Wait? Readjudication and Revocation of I-360 Petitions What Change Is a Material Change? I’m All Shook up, I Just Got an RFE”: Trends, Issues and Strategies to Respond Alternatives to the R-1 and I-360 in Light of the “Inquisition” Michelle Lazerow (DL), Rockville, MD; Rodney M. Barker, Boston, MA; Barbara V. Melendez, Salt Lake City, UT; Carlos R. Ortiz-Miranda, Washington, DC FUNDAMENTALS TRACK AUDIO CD #123 Nuts and Bolts of Asylum, Withholding and CAT This panel will provide guidance on interviewing and building an attorney-client relationship with applicants who have been persecuted or tortured abroad and/or who fear persecution and/or torture if removed from the U.S. The panel will cover issues involving both affirmative and defensive asylum applications. Tips for Interviewing Clients and Reviewing Documents The One-Year Filing Deadline and Exceptions Developing the Theory of the Case—Persecution, Country-Wide Threat, “On Account Of” Standard Completing Form I-589, Documenting Legal Elements and Meeting the Burden of Proof Preparing the Client and Witnesses for the Interview and/or Hearing Asylum Office Decisions to Refer to the Immigration Court, Immigration Court Decisions, Appeals to the BIA, and Appeals and Petitions for Review to the Circuit Courts of Appeals EADs and the Asylum Clock Ethical Considerations Sioban Albiol (DL), Chicago, IL; Helena Tetzeli, Miami, FL; John Willshire-Carrera, Boston, MA AUDIO CD #124 Nuts and Bolts of Removal Proceedings This panel will address the basics of immigration court litigation, including limitations of credible fear and reasonable fear screenings by the asylum office, requests for parole and bond, and bond hearings. This session also will address related procedural issues. Seeking Relief from Persecution and/or Torture Where DHS Has Issued an Order of Expedited Removal (INA §235) or Final Administrative Removal Order (INA §238(b)) DHS Detention, Parole, Bonds, Bond Hearings, and Bond Appeals Burden of Proof and Evidence Termination of Proceedings by IJ for Adjudication of Adjustment Applications by USCIS Appeals of Removal Orders to the BIA and Requests for Briefing Extensions Voluntary Departure—Posting Voluntary Departure Bonds with ICE and Documenting Timely Departure from the U.S. The Immigration Court Practice Manual The Duty of Candor and Other Ethical Considerations Lisa Ellen Seifert (DL), AILA Washington State Chapter Chair, Olympia, WA; Peter D. Williamson, AILA Past President, Houston, TX; Melinda Basaran, Paterson, NJ AUDIO CD #125 Ethics 101 Before delving into the practice of immigration law, every new attorney should be introduced to the ethical issues and traps that can befall even experienced practitioners. This program will assist the practitioner new to the field in spotting common ethical issues and point to resources to help navigate them successfully. Whom Do You Represent? Dual Representation Engagement and Disengagement: When Does the Representation Begin and End, and Under What Circumstances Should You Disengage? Most Frequent Complaints About Immigration Lawyers Disciplinary Bars Receive Do State Bar Rules Apply? Ethics Resources Alan J. Pollack (DL), Long Branch, NJ; Laura A. Edgerton, Raleigh, NC; Thomas C. Hochstatter, Milwaukee, WI AUDIO CD #126 245(i): An Old But Helpful Friend Many new practitioners ask very basic questions about INA §245(i) which is still a viable option today for many immigrants. This panel will educate practitioners who sometimes are not even aware of this powerful tool and how to use it to their client’s advantage. INA §245(i): History and Key Dates to Determine Eligibility When Can a Derivative Avail Themselves of §245(i)? Approvable When Filed and Physical Presence Issues What Questions Should Practitioners Ask to Find Out If a Client Is Eligible? Completing the I-485A Supplement Olsi Vrapi (DL), Santa Fe, NM; John Ayala, Los Angeles, CA AUDIO CD #127
It’s Vegas, Let’s Pretend: Mock Client Interview The initial client interview sets the stage for the attorney-client relationship. Everyone should have an overview of interview techniques and knowledge of common issues that arise in the initial interview. What is the role of the attorney and other staff in client interviews? Manner and Method of Interview Attorney-Client Relationship Interviewing Clients in Dual Representation Situations Fees and Retainer Agreements Amy Erlbacher-Anderson (DL), Omaha, NE; Lea Alfano, Decatur, GA; Barry Howard Gleen, New York, NY; Brent W. Renison, Lake Oswego, OR AUDIO CD #128 First Comes Love, Then Comes Marriage, Then Comes the N-400 Application The panel will address adequately preparing the client for the interview, and the attorney’s role when the officer misapplies the law or the client makes false statements. Mock Marriage-Based Adjustment Interview: Effective Preparation for Marriage-Based Interview What to Expect at a Marriage-Based Interview and What Types of Questions Are Asked? Presenting Supporting Documents at a Marriage Interview When Can Your Clients Be Separated? Mock Naturalization Interview: Effective Preparation for Naturalization Interview What Happens at a Naturalization Interview? What Types of Questions Are Asked? What Documents Do You Present at a Naturalization Interview? Lindsay A. Curcio (DL), Brooklyn, NY; Radlyn Mendoza, Virginia Beach, VA; Michelle Saenz Rodriguez, Dallas, TX; Jonathan Willmoth, Philadelphia, PA TRACK I—BUSINESS AUDIO CD #129 Making the Grade: Outstanding Researchers & Professors Academic institutions and companies may seek our advice on an individual’s eligibility for the outstanding researcher/professor (ORP) petition, while individuals seek our advice on convincing their employer that sponsorship for ORP is appropriate. This panel reviews the eligibility criteria both for the employee and for the employer, as well as best practices for working within established institutional parameters for sponsorship. What Constitutes “Permanent Employment” (June 2006 Aytes Memo)? What Qualifies as Three Years Experience? National vs. International Acclaim Qualifying the Petitioner Working with Academic Institutions Dan H. Berger (DL), Northampton, MA Elizabeth A. Quinn, Washington, DC Jeffrey W. Goldman, Boston, MA AUDIO CD #130 When the Chips Are Down, Viva AILA Liaison! With acronyms like NSC, NRC, NVC, and NBC, it’s no wonder that files can get off track. Unfortunately, even when the file is not misplaced, it can be impossible to find out any information on the status, or to right a wrong. This panel discusses steps that can be taken to work directly with the government, appropriate use of AILA liaison assistance, and when it may need to go to a higher power. What Can We Expect from NCSC? Buying Information through Premium Processing Helpful E-mails, Faxes and Other Inroads What AILA Liaison Can/Cannot Do Making Use of FOIA and FBI Background Checks Shawn A. Orme (DL), Dallas, TX Alexis S. Axelrad, New York, NY Robert P. Deasy, AILA Director of Liaison and Information, Washington, DC Turid L. Owren, Portland, OR Ellen Gallagher, Special Counsel, Office of the Chief Counsel, USCIS, Washington, DC AUDIO CD #131 All Hands In: Business Immigration Cases in an Interagency World This panel will explore current complexities and issues involved in preparing business cases when multiple agencies are involved. The speakers will take a practical look at how the interplay of agencies affects our practice on a day-to-day basis. This program will address interagency issues that arise in preparing NIV and IV applications, as well as those that affect consular visa applications and admission to the U.S. The panel will offer best practices and tips to address these often complex issues. Current Interagency Issues in the NIV Context Current Interagency Issues in the IV Context Interagency Issues in the Visa Application Process How Interagency Issues Can Affect Your Client’s Entry Into the U.S. Deborah J. Notkin (DL), AILA Past President, New York, NY; William A. Stock, AILA Board of Governors, Philadelphia, PA; Leslie A. Holman, AILA Board of Governors/AILA Admissions & Border Enforcement Committee Chair, Burlington, VT AUDIO CD #132 At This Casino, Is There Always Someone Watching? Business Ethics Business immigration law involves some unique ethical issues. Although dual representation stands out, subtle issues lurk around every corner. This session is designed to discuss these issues and provide insight into their ethical resolution. The session will also address DOL rules in connection with H-1B and labor certification fees. What Are the House Rules for Dual Representation? Initial Contact with Employer and Employee, Fee Agreements and Waivers Psst…I Have Some Hot Information to Give You, But You Can’t Tell: I’m Paying So You Work for Me, Right? Know When to Hold ‘Em, Know When to Fold ‘Em Withdrawal as Counsel, When and How and with What Documentation to Whom? Maria F. Glinsmann (DL), Gaithersburg, MD; Edwin R. Rubin, AILA Past President, Newark, NJ; Cyrus D. Mehta, New York, NY AUDIO CD #133 Dealing with E-Verify The government is encouraging employers everywhere to jump on the E-Verify bandwagon for on-line I-9 verification. This panel will follow a hypothetical E-Verify user through registration, training, implementation and day to day use of the system. Mandatory or Voluntary—Who Must Use E-Verify? Special Issues for Federal/State Contractors and Employers of OPT/STEM F-1s Registration, MOU, Training and Implementation Employee Documents and Photo-Tool Issues DHS and SSA Database Concerns Resolving Tentative and Final Non-Confirmations Peter T. Schiron (DL), New York, NY; Bonnie K. Gibson, Phoenix, AZ; Eileen M.G. Scofield, Atlanta, GA; Michael Mayhew, Acting Chief, Special Operations, USCIS Verification Division, DHS, Washington, DC; Margaret Hu, Special Policy Counsel, Office of Special Counsel for Immigration Related Unfair Employment Practices, Civil Rights Division, U.S. Department of Justice, Washington, DC AUDIO CD #134 Make Hay While the Sun Shines: H-2B Visas for Seasonal, Peak Load and One-Time Need Workers This panel is for newer and experienced practitioners who want a comprehensive, nuts-and-bolts understanding of filing for H-2B petitions. The H-2B is an increasingly popular yet restricted nonimmigrant classification. It can be a perfect solution for the right client, but only if counsel knows how to navigate the issues and potential obstacles. H-2B Labor Certification Under the New DOL Regulations Protecting Clients from Unscrupulous and Unknowledgeable Agents Understanding the Roles of DOL and USCIS What Type of Employment Qualifies as an H-2B Job? Strategic Considerations for Managing the H-2B Cap Extension of Status and Change of Employer Considerations Jeanne M. Malitz (DL), San Diego, CA; Ann Allott, Centennial, CO; Enrique Gonzalez, Miami, FL; Donald L. Mooers, Bethesda, MD TRACK II–FAMILY AUDIO CD #135 It’s Natz So Easy! This panel will cover advanced issues in naturalization including the CCA, statutory exemptions for war veterans (Filipino, Persian Gulf, Hmong), military service abroad, employees working abroad and preserving residency (N-470), LPR spouses of USCs working for a U.S. company, religious workers, medical disability waivers and individuals with extraordinary contributions to national security. The panel will also go through advanced issues in good moral character. Determining if U.S. Citizenship Has Already Been Acquired, including CCA? Who Knew? Obscure Ways Citizenship Is Acquired How to Set and Re-Set Your Naturalization Clock—What Is an N-470 and How Does It Impact a Naturalization Application? How Good Does Moral Character Really Have to Be? You Didn’t Really Need to Be an LPR for 5 Years Who Is Exempt From the English, History and Civics Test Under the Medical Disability Waiver? Carmen A. DiPlacido (DL), Arlington, VA; Robert A. Mautino, AILA Board of Governors, San Diego, CA; Heather Barbus, Chicago, IL AUDIO CD #136 Intercountry Adoptions: The Hague Convention One Year After On April 1, 2008, the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption went into effect in the U.S. This panel will present the changes which became effective and address the implementation of the Convention in its first year. The panel will also address intercountry adoptions for non-Convention countries. What Is the Hague Convention and How Is It Implemented in the U.S.? What Is the Effect on Outgoing Adoptions as Well as Incoming Adoptions? How Are Hague Convention Adoptions Processed by USCIS and DOS? How Are Adoptions Processed for Non-Convention Countries? Carine L. Rosalia (DL), Marietta, GA; Karen Stoutamyer Law, Ashburn, VA; John “Wally” Bird, Deputy Chief of International Programs, USCIS, Washington, DC AUDIO CD #137 Don’t Wager With Your Petition, Get Your Taxes in Order This course will provide the fundamentals on how to review a petitioner’s tax returns in family-based cases and spot those issues in advance of filing that may be raised by USCIS in their review or at the adjustment interview. How Choice of Filing Designation Impacts Family-Based Cases How Many Dependents Are There and Is the Beneficiary One of Them? Obtaining and Using TIN for Spouse and Dependents Should the Tax Returns Be Amended and When to Seek the Help of an Accountant Was the Return Really Filed? Use of Tax Transcripts and How to Obtain Them Immigration Consequences of Improperly Filed Returns Samuel C. Rock (DL), Louisville, KY; Paula M. Jones, Philadelphia, PA; Robert Alcorn, C.P.A., Dallas, TX AUDIO CD #138 Traveling with Advance Parole or a Re-entry Permit This session will provide an overview of issues raised when your client travels using an advance parole document and/or a re-entry permit. Learn the right questions to ask when preparing a case. Know Your Client’s History—Is Advance Parole Suitable? Unlawful Presence—Triggering the 3- and 10-Year Bars Criminal Issues Civil Fraud Charges Prior Deportation/Exclusion Is a Re-entry Permit Necessary? Biometrics Appointments While Abroad Using Advance Parole Filed With Your Family-Based Petition When Your Client Already Has a Valid Employment-Based Visa Susan R. Fortino-Brown (DL), Chicago, IL; Anthony Drago, Boston, MA; Robert P. Webber, Edina, MN; Paul S. Zoltan, Dallas, TX AUDIO CD #139 Hot Topics in Medical Examinations This panel will discuss recent developments regarding inadmissibility issues for the use of alcohol or drugs in the past, recent or not, criminal or not. The panel will discuss the role of the Centers for Disease Control, arguments for admissibility and the need for waivers. Drug Experimentation vs. Drug Abuse Advisory Opinions From the CDC Reporting Abuse by the Medical Staff Tattoos, Gangs and Medical Clearance Under the Influence: Multiple Offenses Waivers for Medical Inadmissibility Jay I. Solomon (DL), Atlanta, GA; Magda Montiel Davis, Miami, FL; Nancy-Jo Merritt, Phoenix, AZ; Satnam Singh, Norfolk, VA AUDIO CD #140 Wheel of Chance: Ethics Workshop in Family Immigration Join us for an interactive workshop with participants drawn from the studio audience to discuss challenging ethical issues that come up in the practice of family immigration law. This will be a lively session, with audience voting “thumbs up or thumbs down” on the advice given by our panelists. Conflicts—When Must You Withdraw? Money Is “No Object”—When Can You Withdraw for Nonpayment? When the Red Flag is Up—Can You File the Application? Disclosure to USCIS and EOIR—What Is Your Obligation? John “Jack” L. Pinnix, (DL), AILA Past President, Raleigh, NC; Jill Marie Bussey, Washington, DC; William D. Fong, Houston, TX; Robert G. Heiserman, Denver, CO TRACK III—DUE PROCESS/ENFORCEMENT
AUDIO CD #141 Waivers of Inadmissibility and Removal This panel will discuss both immigrant and nonimmigrant waivers—which ones are available, how to apply for them, what evidence to submit, and how to preserve issues for appeal if a waiver application is denied. Nonimmigrant Waivers Under INA §212 Section 212(h) Waivers Section 212(i), 237(a)(1)(H), and 212(k) Section 212(c) Section 212(a)(9) Section 209(c) LPR and Non-LPR Cancellation of Removal Readjustment of Status Presenting the Waiver Application, Preserving Waiver Issues for Appeal Joseph C. Hohenstein (DL), Philadelphia, PA; Brian K. Bates, AILA Board of Governors, Houston, TX; Jerard A. Gonzalez, AILA New Jersey Chapter Chair, Newark, NJ AUDIO CD #142 Cutting Edge Issues in Bars and Waivers Sit in on a vigorous discussion of cutting-edge issues involving bars to admissibility and possible waivers for those bars. Learn more about strategies for adjustment of status or consular processing as they relate to the bars. Checklist of Questions You Should Ask All Your Clients Before Filing an Adjustment or Sending Them Abroad Consular Medical Exams, Drug and Alcohol Abuse Past False Claims Unlawful Presence Tricks and Traps Differences Among Consulates B. John Ovink (DL), Tampa, FL; Allen E. Kaye, AILA Past President, New York, NY; Joseph Reina, Dallas, TX AUDIO CD #143 Advanced Issues in Worksite Enforcement This panel will deal with a variety of cutting edge issues including how “cooperating” with ICE can get you into trouble by running afoul of Social Security verification guidelines. Learn how to handle an I-9 inspection and avoid a raid and how to address thorny ethical and conflict issues in client representation and sentencing strategies. Recognizing the Government's Inconsistent and Conflicting Employer Directives Emergency Actions for Attorneys – What Should Be in Your Pre- and Post-Raid First Aid Kit Conflict and Ethical Issues in Internal Investigations, ICE I-9 Inspections, ICE Raids and Sentencing Strategies IFCO's $20 Million Corporate Settlement Agreement vs. Employee Criminal Pleas and Indictments and the McNulty Charging Guidelines Revisited Josie Gonzalez (DL), AILA Board of Governors, Pasadena, CA; Charles H. Kuck, AILA President, Atlanta, GA; Kevin Lashus, Austin, TX; Jay T. Jorgensen, Washington, DC AUDIO CD #144 Cutting Edge Detention Issues News stories are replete with accounts of problems associated with immigration detention of individuals; e.g., abuse of children, lack of medical care, sudden transfers to far-away detention locations, separation of families, indefinite detention, and poor living conditions. Learn more about these problems and strategies for representing clients in detention. New Forms of Detention, Including “Electronic Monitoring” Detention of Children and Families Medical Care Issues, Parole Strategies and Ethics of Bond Motions Holly S. Cooper (DL), Davis, CA; Matthew D. Baxter, Huntingdon Valley, PA; Hiroko Kusuda, New Orleans, LA AUDIO CD #145 Cutting Edge Issues in Removal Defense This panel will update the experienced practitioner on current trends in analyzing criminal conduct to determine if it will lead to removal charges, and how to analyze a conviction to determine the best defense against a charge of removability, once ICE has brought one. Preventing Removal Before the Client Is Convicted ICE Policies and Trends in Pursuing Removal Charges The Evolution of Approaches to Analyzing Convictions Recent Court Cases Andres Benach (DL), Washington, DC; Maria E. Andrade, Boise, ID; Rebecca Sharpless, North Bay Village, FL; Deborah S. Smith, Helena, MT AUDIO CD #146 The Dance Continues: Evolving Dynamics of BIA and Federal Court Review This panel will discuss a number of issues associated with the Board of Immigration Appeals and the federal courts as they relate to Board and federal court oversight and their respective roles, the changing dynamic between the two, and changing conceptions of agency action among other things. New BIA Regulations, Practices, and Policies Brand X REAL ID Act AWO Tips and Trends Petitions for Certiorari Stephen Manning (DL), Portland, OR Lory Rosenberg, AILA Board of Governors, Rockville, MD Thomas Edward Moseley, Newark, NJ Mary Kenney, AILF Senior Staff Attorney, Washington, DC TRACK IV—ASYLUM
AUDIO CD #147 This program assumes a basic knowledge of how to file an asylum application, and will focus on key issues that can be problematic for the intermediate practitioner. The faculty will explain how these issues can affect the viability of a claim as well as the relationship between the attorney and client. Both affirmative and defensive filings will be discussed. Key Differences Among the Three Forms of Relief Unique Clients—Children, the Mentally Ill, Persons with PTSD Central Reason, the Meaning of “Persecution”, Frivolousness Resettlement Issues, U.S.-Canada Agreement Humanitarian Asylum Ethical Issues in Asylum Cases Regina Germain (DL), Denver, CO; Nancy Kelly, Boston, MA; Paul O’Dwyer, New York, NY AUDIO CD #148 Asylum Workshop: How to Prepare the Asylum Application This program will hone the skills of the experienced asylum practitioner in preparing successful asylum applications. The expert faculty will discuss key techniques for overcoming obstacles to the persuasive and coherent presentation of the applicant’s story, including tips for identifying what adjudicators are looking for when they review the evidence. Techniques for Preparing the Client for the Interview or Testimony Motivating the Tired, Scared, or Confused Client Making Exhibits Persuasive Preparing Declarations That Convince the Adjudicator Claudia Slovinsky (DL), New York, NY; Vanessa Allyn, Washington, DC; Anita P. Sharma, Boston, MA; Alexandra L. Wisotsky, Washington, DC AUDIO CD #149 Asylum Workshop: How to Demonstrate Harm In this interactive workshop, experienced asylum practitioners will focus on one key aspect of the asylum claim—how to demonstrate that the “harm” the alien has suffered or will suffer rises to the level of persecution. The faculty will explain how a claim can fail because of this issue, with special attention to recent cases illustrating the concepts. Real Harm That Is Not Persecution Showing Emotional Harm with and without an Expert Economic Harm Issues What to Do When Physical Harm Is Not Enough Recent Cases Emily Good (DL), Minneapolis, MN; David L. Cleveland, Washington, DC; Dr. Vincent Iacopino, MD, PhD, University of California, Berkeley, CA AUDIO CD #150 Be Careful Where Your Money Goes: The Material Support Bar to Asylum and Adjustment This panel will provide an in-depth focus on the material support ground of inadmissibility, which can derail an asylum or adjustment application. The material support bar is complex and has been the subject of recent statutory and agency actions that allow for some waivers of the bar in circumstances where, for example, an alien has provided material support under duress. Summary of the Material Support Statute Status of USCIS Memos on Material Support Who Is Barred, Who Is Not? Current Trends and Potential Court Challenges How to Handle Clients in Limbo Melanie Nezer (DL), Washington, DC; Anwen Hughes, New York, NY; Jedidah M. Hussey, Deputy Chief, Asylum Division, Office of Refugee, Asylum & International Operations, USCIS, Washington, DC AUDIO CD #151 The Refugee Resettlement Process and Asylee/Withholding Benefits This panel will inform practitioners about the U.S. refugee resettlement process—how it works, how annual numbers are set, and how refugees are identified and processed abroad. The faculty will discuss the benefits available to refugees who are resettled in the U.S. and how others, such as asylees, special immigrants, and those granted withholding of removal, may access some or all of those benefits. Special issues arising from the current conflicts in the Middle East, especially in Iraq, will be covered as well. How the Refugee Resettlement Process Works The Resettlement Network: Benefits Available to Refugees, Asylees, and Others Reuniting Families, Travel Abroad, Employment Authorization, and Applications for Permanent Residence for Those Granted Refugee Status, Asylum, and Withholding The Current Refugee Crisis in the Middle East Elissa Mittman (DL), New York, NY; Mark Hetfield, HIAS, Washington, DC; Amy Bliss Tenney, Baltimore, MD AUDIO CD #152 Cutting Edge Issues in Asylum This program will review cutting edge issues in asylum practice, with a special focus on how practitioners and courts are dealing with recent developments in “social group” theory. Recent Developments in “Social Group” Theory (LGBT, Gangs, etc.) Gender-Related Claims (FGM, Domestic Violence, Sexual Abuse) Particularly Serious Crime Issues Survey of Key Asylum Cases in the Past Year Victoria Neilson (DL), New York, NY; Deborah Anker, Boston, MA; Denise Gilman, Austin, TX; Robert B. Jobe, San Francisco, CA TRACK V—MASTERS BUSINESS/SPECIAL SESSIONS
CDS #153 & #154 High Rollers: EB-5 Investors With limited nonimmigrant visa options, backlogged immigrant visas and a plunging dollar, affluent foreign nationals are becoming increasingly interested in investment as a means to U.S. permanent residency. This panel will outline issues faced by investors and their immigration counsel. It will explore issues relating to the funds invested including tracking the source of funds; permissible and impermissible financial structures; as well as the immigration attorney’s role in evaluation of the investment. What’s the Ante to Get Into This Game? Which Table Is Lucky Tonight? Regional Centers vs. Individual Enterprises Regional Centers: What Is Their Role and How to Set One Up Is My Money Good Here? How Are We Doin’? Alien Investor’s Role in the Enterprise Creation of U.S. Jobs; Directly and Indirectly Removal of Condition: Ins and Outs I Want to Cash in My Chips When May the Investor Cash Out and Retain Immigration Benefits H. Ronald Klasko (DL), AILA Past President, Philadelphia, PA; Boyd F. Campbell, Montgomery, AL; Linda W. Lau, Los Angeles, CA; Carolyn S. Lee, Ithaca, N Y CDS #155 & #156 Responding to Extraordinary Ability/NIW RFEs Ever get the sense that an RFE stands for random fishing expedition? This seems most often the case in the context of the more subjective type adjudications, such as extraordinary ability, national interest waivers, and outstanding researchers. You file a well documented petition that includes detailed reference letters, and a plethora of supporting materials. You wait six months to a year for a response, only to receive an RFE that requests “more of everything” without even a reference to any of the substantial documentation already submitted. This panel discusses strategies for effectively representing less obvious cases. In this panel, experienced practitioners discuss their approaches to responding to such RFEs. What Is a Well Documented Case? Frequently Seen RFEs Deciphering What Is Being Requested Strategies in Responding Using Case Law to Support Your Claim Deciding Between Appeal and Refiling Rita Sostrin (DL), Santa Monica, CA; Robert D. Aronson, Minneapolis, MN; Martin J. Lawler, San Francisco, CA; Natalie S. Tynan, Washington, DC; David A. M. Ware, Metairie, LA CDS #157 & #158 Follow the Money: Suing for Damages Heightened anti-immigrant attitudes and stepped-up enforcement actions have resulted in numerous violations of immigrant’s rights. This session will address identifying causes of actions, making appropriate referrals, and outlining steps to be taken to preserve causes of action. Identifying Civil Causes of Action: False Arrest, Police Misconduct, Violation of Detention Standards, Wrongful Deportation More Causes of Action: Forms of Discrimination, Civil Rights Violations, RICO Claims, Hate Crimes Who Can Be Sued and What About Government Immunity? Filing Complaints with Government Agencies Responsible for Protecting Immigrant Rights Ethical Considerations and Fee Splitting for Attorney Referrals EAJA Fees and Recovering Attorneys Fees Under Other Federal and State Statutes Philip Hwang (DL), San Francisco, CA; Ira J. Kurzban, AILA Past President, Miami, FL; Michael J. Wishnie, New York, NY CDS #159 & #160 Pro Bono Workshop: How You Can Make a Difference Less than half of respondents whose proceedings were completed during the period FY 2003 – FY 2007 were represented by counsel. Many individuals in removal proceedings are indigent and cannot afford a private attorney. Immigrants are some of the most vulnerable people in our society and their fate should not be left to some Vegas game of chance. This workshop addresses a variety of programs addressing this unmet need and what you can do to help solve this problem. Pro Bono—Direct Representation, Programmatic Approaches (Volunteer Training, Legal Rights Presentations, Group Workshops, etc.) Current Pro Bono Programs, Opportunities and Resources—AILA Pro Bono Programs, BIA Pro Bono Project, EOIR and ABA Working with Legal and Non-Legal CBOs (Intake, Training, Malpractice Insurance and Other Nuts and Bolts) and Leveraging Existing Programs Starting from Scratch—Tips on Setting Up Effective Pro Bono Programs Pro Bono UPL Charges How Business Immigration Attorneys Do Pro Bono—Establishing a Firm Pro Bono Policy Robert E. Juceam (DL), AILA Past President, New York, NY; Elizabeth L.A. Garvish, Atlanta, GA; Karen T. Grisez, Washington, DC; Susan Timmons, AILA Pro Bono Associate, Washington, DC; Steven C. Lang, Pro Bono Coordinator, EOIR, Fall Church, VA; Juan P. Osuna, Chair, Board of Immigration Appeals, EOIR, Falls Church, VA BROWN BAG LUNCH SESSIONS
AUDIO CD #161 Advocacy Strategies for Combating Anti-Immigrant Initiatives States and localities remain under siege with anti-immigrant rhetoric, legislation, and ill-conceived policies. This session will explore advocacy tools being utilized around the country in an attempt to fight back on behalf of immigrants. How can you portray a positive image for immigrants and change the course of dialog on anti-immigrant initiatives? Where to Go for Resources, Creating Coalitions, Working with Non-Profits, Community Groups and Churches Responding to Local Ordinances and Proposed State Legislation Getting Your Message Out in the Media: Radio, TV, Newspaper, Internet, Blogs, Public Service Ads Working with Schools: Immigration Curricula and Workshops for Teachers Lori Torgerson Chesser (DL), Des Moines, IA; Benjamin E. Johnson, AILF Executive Director, Washington, DC; Colleen R. Beebe, Minneapolis, MN AUDIO CD #162 Fundamentals NIV Mock Interview: The Closest You May Ever Get to the Inside of the Consulate This mock interview will begin with a consultation between attorney and client as the attorney reviews what the client should expect and what to bring to the consulate. The action will then flash forward to the interview. The panelists, taking on the roles of consular officer and foreign national, will run through scenarios that can arise at the consulate when applying for employment-based NIVs, as well as student and visitor visas. Prepping the Client for the Interview Consular Interview—B-1/B-2 and F-1 Consular Interview—Employment-Based NIV (E, H, L, and O) Edward Rios (DL), El Paso, TX; Evan J. Green, Toronto, ON, Canada; Yeu S. Hong, Los Angeles, CA AUDIO CD #163 Take a Tour Down the Colorado River on the Family-Based Litigation Raft Experience the thrill and excitement of filing motions to reopen, appeals, briefs and a little adventure thrown in at the federal courts. Your panel and rafting instructors will discuss procedures and strategies when deciding whether to appeal to the AAO or take a detour on your raft down to your local immigration court. When you return from immigration court, decide whether you should board the nearest boat to federal court. What Are My Options Before Getting on the Litigation Raft? Motions to Reopen/Reconsider to USCIS, N-336 Procedures and Strategies for Filing AAO Appeals. Which Applications Get Filed with AAO? Timelines? Should We File? Should I Proceed with Filing with the BIA? I-130/I-485s ? Let’s Just Get on the Raft and Go to Immigration Court: Pros/cons, De Novo Review Heading to Federal Court: Will this Get Me to a Final Destination? Writs of Mandamus? Petition for Review? Strategies for Litigating Diversity Visa Lottery Winnings Royal F. Berg (DL), Chicago, IL; Victor D. Nieblas Pradis, AILA Board of Governors, City of Industry, CA; Marc J. Reiter, Pittsburgh, PA AUDIO CD #164 The Fine Art of Getting Paid One of the top-rated 2008 seminars returns! An interactive session devoted to everyone’s favorite topic—money! Learn How to Analyze and Set Fees Develop Better Fee Agreements Avoid Taking Clients Who Won’t Pay You Enhance Profitability and Improve Client Satisfaction Carl Falstrom (DL), New Orleans, LA; Reid Trautz, AILA Practice and Professionalism Center Director, Washington, DC; Jim Calloway, Oklahoma City, OK AUDIO CD #165 Three of a Kind; Or a Full House? The Trainee Visas: J-1, H-3 and B-1 This panel will address advanced issues and take an in-depth look at the similarities and differences of each of these NIV categories. Coupled with ethical considerations, there will be a focus on strategy and practice tips with regard to advising your client when one is more suitable than the other. Can’t We Just Use the B-1? When Pushing the Limits Can Jeopardize Your Client B-1 in Lieu of….. Is the H-3 Really Worth It? What Does “Productive Employment” Really Mean? Home Country: No Training There? Post-Training Option? Should I Create My Own J-1 Program? Or Use an Authorized Sponsor? Are Any of These Visas Actually Meeting My Client’s Needs? Robert S. White (DL), Schaumburg, IL; Roberta Freedman, Washington, DC; Sara B. Levin, Larchmont, NY; Lois Magee, AILF Exchange Visitor Program Director, Washington, DC; Stanley Colvin, Deputy Assistant Secretary for Private Sector Exchange, Office of Exchange Coordination and Designation, U.S. DOS, Washington, DC 
