PRACTICE ROUNDTABLES (Evening)
CDs #1 & #2 This intermediate panel will delve into a discussion of bond issues, including when the mandatory detention rules do and do not apply, strategic preparations for the bond hearing, dealing with a government appeal (and emergency stay) and the possibility of bond for asylum seekers after a credible fear determination.
What Triggers §236(c)? Is a “Conviction” Necessary, or Just the Commission of an Offense? Exceptions to Mandatory Detention under §236(c) Establishing that Your Client Is Not a Flight Risk and Danger to the Community Presenting Your Evidence; Negotiating with Trial Counsel What About Those Who Are Not Bond Eligible? At What Point Can An Asylum Seeker Request Bond? The Emergency Stay Procedure and Challenges to the Procedure Jonathan D. Montag (DL), San Diego, CA; Kara Hartzler, Florence, AZ; Vanessa Allyn, Washington, DC; Jayashri Srikantiah, Stanford, CA CDs #3 & #4 The nuts and bolts of preparing and launching your own immigration firm – from choice of business entity to marketing, from office space to office systems, from getting work to getting paid.
LLP, LP, Inc. or PC Establishing a Network of Colleagues in Your Area Building Your Client Base Starting Today Managing Your Business Ethically and Profitably Case Management Systems Analyzing Staffing Needs – Who Do You Hire? HR Compliance Requirements – Payroll, Insurance and Benefits Setting Your Fees and Getting Paid Advertising and Marketing David G. Katona (DL), New York, NY; Douglas D. Hauer, Boston, MA; Jennifer A. Kain-Rios, Denver, CO; Reid Trautz, AILA Director, Practice & Professionalism, Washington, DC CDs #5 & 6 The marriage-based adjustment of status case is probably one of the most frequently encountered in the practice of immigration law. This panel will provide advice regarding the nuts and bolts of preparing and documenting the application and will explore issues that may arise in the process.
Initial Client Interview – Intake and Gathering Specific Information Flagging Potential Issues and Full Discussion with Clients Ethical Obligations and Disclosure Regarding Dual Representation Documentation Required and How to Resolve Documentary Issues Timing Issues for Filing, e.g. Entry Issues, Travel Issues, Employment Authorization Specific Issues to Watch Out for on the Forms Interview Preparation Accompanying the Client and the Role of the Lawyer at the Interview Mock Interview Post-Interview Considerations Angela J. Ferguson (DL), Kansas City, MO; Giselle Carson, Jacksonville, FL; Robert J. Casazza Jr., New York, NY; Gali Schaham Gordon, San Francisco, CA CDs #7 & #8 Business immigration lawyers must often review and analyze financial documents as they relate to “ability to pay” and certain immigrant and nonimmigrant visa categories (EB-5, E-1/E-2, etc.). This roundtable panel will discuss what every immigration lawyer needs to know about the most common financial documents.
Financial Reports for Public and Private Companies Federal Tax Returns – What’s the Bottom Line? W-2 vs. 1099 Payroll Documents How to Use Financial Documents to Strengthen a Case and How to Use Them to Effectively Support Your Case Alternative Evidence to Support Your Case Helen L. Jugovic (DL), Wilmington, NC; Elise A. Fialkowski, AILA Philadelphia Chapter Chair, Philadelphia, PA; Neil Dornbaum, Newark, NJ; Romulo E. Guevara, Phoenix, AZ; Lincoln Stone, Los Angeles, CA CD #9 Getting the facts straight and your message across is the key to effective media advocacy. This panel will help steer the immigration practitioner in the right direction when looking for facts to round out an op-ed or news article. Learn how to pitch a story to your local media and how AILA can help you get the most up-to-date information.
Where Do I Get Objective and Factual Information? Media Guides Sample Press Releases, Editorials and Letters Public Service Announcements and On-Camera Interviews Lori Torgerson Chesser (DL), Des Moines, IA; Charles H. Kuck, AILA Immediate Past President, Atlanta, GA; Jenny Levy, AILA Manager, Outreach and Communications, Washington, DC; George Tzamaras, AILA Director of Communications, Washington, DC CD #10 As persons legally outside the United States, applicants for admission have fewer rights than those who have been inspected and admitted. This advanced panel will discuss court interpretations of the rights of persons seeking admission, as well as viable legal arguments and defenses to help protect clients from unreasonable border searches.
What Is an Examination and What Is an Inspection? Scope of Search – Can They Search My Laptop and E-mail Accounts? USCs, LPRs, and Nonimmigrants – Do They Have Different Substantive Rights? What You Can Do to Challenge a Search When Does a Person Have a Right to Counsel? Withdrawal of the Application for Admission Reginald A. Pacis (DL), AILA CBP Liaison Committee Vice-Chair, Detroit, MI; Michael Kohler, Syosset, NY; Manuel F. Rios III, Seattle, WA; Maureen Dugan, Assistant Executive Director, Admissibility and Passenger CD #11 The status of a lawful permanent resident can be abandoned either voluntarily or involuntarily as a result of extensive travel abroad. Numerous factors must be taken into account when advising a client on how to protect his or her status. This panel will discuss the consequences of lengthy absences from the United States and provide strategies on how to protect the client’s LPR status.
Voluntarily Relinquishing Residency vs. Involuntary Abandonment What Does DHS Consider When Making a Determination of Abandonment? How Much of a Factor Is the LPR’s Intentions? How to Maintain LPR Status While Working or Studying Abroad The Benefits of Having a Re-entry Permit and When It Does Not Help Strategies to Rebut the Presumption of Abandonment When Is LPR Status Officially Terminated? Linda W. Lau (DL), Los Angeles, CA; Anthony Drago Jr., AILA New England Chapter Chair, Boston, MA; Gary E. E. Endelman, Houston, TX; Lourdes Santos Tancinco, San Francisco, CA CD #12 This interactive session will discuss the various legal resources available to immigration practitioners and offer suggestions on where to start looking for answers to your everyday case questions.
Books that Every Immigration Practitioner Should Own Primary Resources Tips to Searching the Regulations Online Resources AILA InfoNet, Foreign Affairs Manual and Other Important Resources C. Lynn Calder (DL), Raleigh, NC; Dan H. Berger, AILA Board of Publications Chair, Northampton, MA; Gail A. Goeke, North Kansas City, MO; Naomi Schorr, New York, NY CD #13 The expatriation process is a highly specialized and somewhat enigmatic process for many practitioners. The purpose of this panel is to de-mystify the process as well explore the various aspects of relinquishing U.S. citizenship from a formal legal perspective as well as a practical, nuts and bolts perspective.
Statutory, Regulatory and Legislative Underpinnings of Current Expatriation Rules Step-by-Step Instructions for Handling an Expatriation Case from Start to Finish Locating the Proper Venue for Expatriation and Laying the Groundwork for the Presentation of Your Client’s Case Documentation Required and Format for Presentation Detailing the Interview Process Post-Expatriation Issues Paula M. Jones (DL), Philadelphia, PA; Carmen A. DiPlacido, Arlington, VA; Edward A. Betancourt, Director, Office of Policy Review and Interagency Liaison, DOS, Washington, DC; Willard W. Yates, Department of the Treasury, Washington, DC CD #14 This panel will address the requirements for Schedule A, as well as Schedule A, Group II processing of employment-based immigrant petitions and discusses the benefits offered by this category. The panel will also provide practical tips and insight on legislation and litigation on the horizon.
Professions that Fit under Schedule A Requirements and Adjudication Trends for Nurses and Physical Therapists Special Licensing Requirements and Visa Screen Timing Tips for Multiple Openings Use of Schedule A, Group II – What Is Really Required? Documentation to Prove Exceptional Ability Potential Legislative Changes and Litigation Rita Sostrin (DL), Santa Monica, CA; CD #15 This panel will discuss how changes in different family relationships may impact the immigration process in both the immigrant and nonimmigrant contexts. Learn how small changes can affect priority dates, alter preference categories or possibly lead to revocation of a petition. The panel will also provide an overview of the Child Status Protection Act, who it helps and how it works.
Marriage Divorce Death Aging-Out CSPA – Higher Mathematics for the Under 21 Generation Cross-Chargeability Cynthia B. Hemphill (DL), Washington, DC; Kristin Hoffman, Hartford, CT; Alexander G. Rojas, New York, NY CD #16 Consulting with individuals that have been terminated from their job and find themselves in an extremely stressful situation can be challenging. This panel will address how to counsel an individual who has been terminated or will be terminated in both the nonimmigrant and immigrant visa contexts. This session will also cover what benefits are available to the terminated employee, as well as provide tips for working with an individual that is suffering through a traumatic experience.
Counseling the Terminated Regarding Changing or Extending Nonimmigrant Status Special Considerations When Contemplating a Change to B-2 Visitor Status Extension of Status vs. Departure and Reentering Counseling the Terminated Who Are in the Process of Pursuing Permanent Residence – Permanent Portability Under AC21 and Other Considerations Benefits for the Terminated – Return Transportation, Unemployment Insurance, etc. The Trauma of Termination – Tips for Consulting with a Stressed Out Client Dual Representation Issues – When the Terminator is Your Client Kristi Taylor (dl), Dallas, TX; Tanya Goldsmith, New York, NY; Timothy G. Payne, Chicago, IL
OPENING PLENARY SESSION
CD #17 CD #18 Gayle Oshrin (DL), AILA Board of Governors, New York, NY; Eleanor Pelta, AILA First Vice President, Washington, DC; Crystal L. Williams, AILA Executive Director, Washington, DC; Gregory Chen, AILA Director of Advocacy, Washington, DC CD #19 David W. Leopold, AILA President Elect, Cleveland, OH; Robert P. Deasy, AILA Director of Liaison and Information, Washington, DC; Robert C. Divine, AILA Inter-Agency Liaison Committee Chair, Chattanooga, TN; *USCIS Representative, DHS, Washington, DC; William Carlson, Administrator, Office of Foreign Labor Certification, ETA, U.S. Department of Labor, Washington, DC; Thomas G. Snow, Acting Director, EOIR, Falls Church, VA; Susan M. Cullen, Director, Office of Policy, ICE, DHS, Washington, DC; Maureen Dugan, Assistant Executive Director, Admissibility and Passenger Programs, U.S. Customs and Border Protection, Washington, DC; Jeffrey Gorsky, Chief, Advisory Opinions Division, Department of State, Visa Office, Washington, DC
FUNDAMENTALS TRACK
CD #20 This panel will provide an overview of the key concepts, language and rules that are unique to the practice of immigration law.
Visa vs. Status Immigrant vs. Nonimmigrant Visa Waiver, Visa Exempt, ESTA Presumption of Immigrant Intent Short Trips Outside the U.S. to Contiguous Territory Maintaining, Changing and Extending Status Overstaying and Other Violations of Status Unlawful Presence and the 3- and 10-Year Bars Consular Processing vs. Adjustment of Status Consular Processing vs. Change of Status Ilana J. Drummond (DL), San Francisco, CA; JoAnn L. Barten, Ames, IA; Vincent W. Lau, Cambridge, MA; Tina R. Niedzwiecki, New York, NY CD #21 This panel will provide an overview of the federal agencies an attorney will encounter when handling immigration matters. The program will identify the types of applications that are filed with each agency, how jurisdiction is established, and how the agencies interact with each other and with attorneys.
Department of Homeland Security U.S. Citizenship and Immigration Services Regional Service Centers District Offices Customs and Border Protection Immigration and Customs Enforcement Department of State National Visa Center KCC Consulates LEGALNET Department of Labor Atlanta and Chicago Processing Centers BALCA Administrative Review Board Department of Justice Executive Office for Immigration Review Office of Immigration Litigation Office of Special Counsel Social Security Administration and Internal Revenue Service Margaret H. McCormick (DL), AILA Past President, Chicago, IL; Peter L. Ashman, AILA Las Vegas Chapter Chair, Las Vegas, NV; Gerard M. Chapman, Greensboro, NC; Charina P. Garcia, Oakland, CA CDs #22 & #23 This comprehensive mega-session starts during lunch and continues on during the main track. It will provide a succinct and fundamental overview, over a two hour period of time, of the employment-based nonimmigrant visa categories that are common for most immigration law practitioners.
B-1/B-2 Temporary Visitors – Visa Waiver and Border Crossing Cards J-1 Exchange Visitors and H-3 Trainees F-1/M-1 Academic and Vocational Students H-1B Professionals, Including H-1B1s TN Canadian/Mexican Professionals E-3 Australian Professionals H-2A/H-2B Non-professionals L-1A/L-1B Intracompany Managers and Executives/Specialized Knowledge E-1/E-2 Traders, Investors and Essential Employees O and P Extraordinary Ability Individuals/Performers and Athletes Other Visas Romy K. Kapoor (DL), AILA Board of Governors, Atlanta, GA; Amy Erlbacher-Anderson, Omaha, NE; Mark D. Koestler, New York, NY; Robin D. O’Donoghue, Cambridge, MA; Grant Sovern, Madison, WI CDs #24 & #25 This session will provide a basic overview of the immigrant visa preference system, numerical limitations, the Visa Bulletin, and other key concepts, rules and procedures in relation to the employment-based immigration process.
What Is Employment-Based Immigration? What Are the Preference Categories? Which Categories Require a Job Offer? Which Categories Do Not Require Labor Certification? EB-1(1)s and NIWs What Are the Numerical Limitations? How Are the Visa Numbers Counted? The Visa Bulletin – What Is It and How Do You Read It? Matthew G. Thompson (DL), Houston, TX; Scott F. Cooper, Troy, MI; Noemi E. Masliah, New York, NY; Andrew W. Shackelford, Phoenix, AZ; Robert S. Whitehill, Pittsburgh, PA
BROWN BAG LUNCHES
This intermediate panel will present practical recommendations for dealing with challenging immigration judges and trial attorneys, as well as strategies to zealously protect your client’s rights while preserving your reputation and avoiding retaliation.
Professional Conduct Rules for Attorneys and Judges – Conduct Unbecoming the Profession Using the ACIJ Complaint Process for Immigration Judges; Recusal Motions Complaint Process for Trial Attorneys, Office of Professional Responsibility; Can You File a Complaint with the State Bar? Strategies to Avoid Retaliation Preserving the Record for Appeal and Circuit Court Review Collecting and Sharing Information Andres Benach (DL), Washington, DC; Matthew D. Baxter, Huntingdon Valley, PA; Rekha Sharma-Crawford, Overland Park, KS; Erich C. Straub, Milwaukee, WI Revocations have risen exponentially with the number of disciplined practitioners and the huge increase in fraud fees. USCIS has issued notices to deceased or out-of-business petitioners decades after the fact, raising due process concerns. The Office of Fraud Detection and National Security (FDNS) has increased its efforts and often contacts employers and employees without the benefit of counsel. These potential fraud and misrepresentation issues implicate petitioners, beneficiaries and attorneys. The speakers will discuss how attorneys can be prepared and how to advise clients, both employers and employees.
Government Investigations of Fraud After Attorney Discipline H and L Site Investigations from the USCIS Fraud Unit (FDNS) Trends and Areas to Be on the Lookout Notice of Revocation, Invalidation or Other Government Action Invalidation of §245(i) and §204.5(e) Eligibility Due Process and the Interplay Between §§204 and 205 Federal Court Remedies Civil and Criminal Concerns Kevin Lashus (DL), Austin, TX; Paul L. Zulkie, AILA Past President, Chicago, IL; Nancy B. Elkind, Denver, CO; Michael E. Piston, Troy, MI Pro Bono 101This panel will address the benefits and issues in representing pro bono clients. Learn the common pitfalls and stumbling blocks as they relate to pro bono representation and how pro bono clients can help you.
Pro Bono Developments at EOIR – Why the Courts Support Pro Bono Attorneys Making the Business Case for Pro Bono Overcoming Challenges to Incorporating Pro Bono into Your Practice Legal Services Organization Perspective Large Law Firm Perspective Ethical Issues in Pro Bono AILA Pro Bono Opportunities How to Set Up a Chapter Pro Bono Program Cyrus D. Mehta (DL), AILA Pro Bono Committee Chair, New York, NY; Suzan Kern, Washington, DC; Deborah Ann Sanders, Washington, DC; Susan Timmons, AILA Pro Bono Associate, Washington, DC; David Neal, Acting Chairman, Board of Immigration Appeals, EOIR, Falls Church, VA Immigrant and nonimmigrant children are often up against the clock when it comes to immigration benefits. This game show will address some non-CSPA scenarios where a child’s age becomes a cause for concern, milestone ages that must always be considered, and strategies that can be employed to avoid problems.
16th Birthday – Adoption without Sibling 18th Birthday – Child Citizenship Act, Step-Children, Legitimation, Adoption with Sibling 21st Birthday – Dependent Visa Holders (H-4, K-4, E-2, F-2, etc.) Children of TPS Recipients Special Provisions for G-Visa Dependent Children Special Immigrant Juveniles – Identifying the Age Cutoff Lindsay A. Curcio (DL), Brooklyn, NY; Leslie A. Holman, AILA Secretary, Burlington, VT; Maurice H. Goldman, Tucson, AZ This session will discuss the common tax issues immigration law practitioners face when representing their clients. Panelists will cover how to determine whether an individual is a resident or non-resident for taxation purposes, and the extent to which individuals or businesses are subject to U.S. income tax, estate tax issues, and other tax matters.
Who, in General, Is Subject to U.S. Income Taxes? Resident vs. Non-Resident – The Tax Definition vs. the Immigration Definition Undocumented and Low Income Tax Filers Transfer, Gift and Estate Taxes Employer Specific Tax Issues Samuel C. Rock (DL), Louisville, KY; Douglas R. Holly, Houston, TX; Donna E. Kepley, President, Arctic International LLC, Washington, DC; *Ana Guzman, IRS, Department of Treasury, Washington, DC For many practitioners, diversity lottery (DV) cases do not walk through the door on a regular basis. However, when they do arise, it is important to have a basic understanding of the program and how it works. The panelists will provide a general overview of the DV lottery program and the differences between consular processing and adjustment of status.
Review of the Diversity Lottery Statute, Regulations and Documentary Requirements AOS Issues for Those Lucky Winners Inside the U.S. AOS, Consular Processing or Both? Issues at the Consulate – Unlawful Presence, Grounds of Inadmissibility Correcting Mistakes on Family Members Timing Issues – The Clock Is Running Litigation Updates Naveen Rahman Bhora (DL), New York, NY; Terry Weir, Houston, TX; Dick A. Zonneveld, St. Paul, MN; Chloe J. Dybdahl, Attorney Adviser, Department of State, Washington, DC; Rachel Peterson, Attorney Adviser, Department of State, Washington, DC
TRACK I – BUSINESS
This panel will examine post-filing PERM issues and processes and will discuss strategies for responding to audits and preparing PERM motions and appeals. The panel will also discuss best practices for documenting recruitment in a PERM case.
PERM Processing Time Frames – Now and in the Future DOL’s Latest Audit Trends Responding to Audits and Use of Documentary Evidence Strategies for Preparing Motions and Appeals Withdrawals, Re-filings and Second PERM Applications Dealing with Subsequent Invalidations Marcine Seid (DL), AILA Board of Governors, San Jose, CA; Steven A. Clark, AILA Past President, Cambridge, MA; Deborah J. Notkin, AILA Past President, New York, NY; Cheryl Lenz-Calvo, Chicago, IL This panel will review the current state of affairs in connection with supervised recruitment in the labor certification process. In addition, the panel will detail strategies and procedures required to comply with the PERM supervised recruitment process. Triggers for Supervised Recruitment
DOL Time Frames and Deadlines Special Advertising Requirements The Recruitment Report and Supporting Documentation Strategies to Ensure Your Client Meets the Supervised Recruitment Requirements Susan M. MacLean (DL), Chicago, IL; Linda Rose, AILA Board of Governors, Nashville, TN; Martine Cuomo, New York, NY Hear the latest straight from the labor certification experts in this advanced panel. BALCA representatives will join practitioners to discuss significant cases and strategies for appealing to the agency.
Recent Significant BALCA Decisions Pre-PERM BALCA Precedent Strategies on How to Use BALCA Decisions to Benefit Your Clients Revamping Internal Procedures to Comport with New Decisions Paige L. Taylor (DL), Dallas, TX; Robert H. Cohen, Columbus, OH; Harry Sheinfeld, Solicitor for the Employment and Training Administration (ETA), DOL, Washington, DC
TRACK II – FAMILY Applications for adjustment of status based on marriage can be straightforward and rewarding, but sometimes the suspicion of marriage fraud arises. This panel discusses I-130 denials, the marriage fraud interview and how an attorney should advise clients prior to the interview. It will also take a close look at strategies for challenging marriage fraud in immigration court.
The Newly Married Couple and Limited Documentary Evidence How Does DHS Interpret “Fraudulent at Inception?” Preparing Clients for a Marriage Fraud Interview Dual Representation and Other Ethical Concerns Strategies in Responding to NOIDs Alleging Marriage Fraud When the I-130 Is Denied, Do I Appeal or Re-file? When Should Criminal Counsel Be Consulted? Challenging a Marriage Fraud Charge in a Subsequent Petition Challenging a Marriage Fraud Charge in Immigration Court Potential Criminal and Civil Penalties Steven C. Thal (DL), Minnetonka, MN; Rosy H. Cho, San Francisco, CA; Melanie K. Corrin, Centennial, CO; Michelle Saenz Rodriguez, Dallas, TX This panel examines the issues that arise when conditional residency is terminated by USCIS and your client is placed in removal proceedings. What do you need to be aware of in terms of the client’s options and what are some strategies for dealing with an I-751 denial?
What Is the Scope of Jurisdiction of the Immigration Judge After USCIS Denies an I-751? Should You Re-file the I-751 with USCIS, and if so, When? What if You Are Changing Your Theory on the I-751; What if You Have More than One Theory? Strategies for Avoiding the Accrual of Unlawful Presence Travel while the I-751 Is Pending in Removal Proceedings Deborah S. Smith (DL), Helena, MT; Nicolas Chavez, Dallas, TX; Jim Tom Haynes, Washington, DC; *John F. Gossart, Jr., Immigration Judge, Baltimore Immigration Court, Baltimore, MD
TRACK III – DUE PROCESS/ENFORCEMENT
This panel will discuss cutting-edge issues relating to stays of removal and voluntary departure, and the effect of the 2009 voluntary departure regulations on established case law.
The Interplay Between a Stay of Removal and Voluntary Departure The Effect of Filing a Motion to Reopen/Reconsider or a Petition for Review on Voluntary Departure Tolling vs. Reinstating the Voluntary Departure Period Staying Removal During Judicial Review or a Motion to Reopen When Is It Better Not to Ask? Strategic Considerations for Requesting or Extending Voluntary Departure or a Stay of Removal Dada vs. Mukasey – How Do You Withdraw a Voluntary Departure Request? Joseph C. Hohenstein (DL), Philadelphia, PA; Motions practice is a key component of litigation, allowing you to frame the hearing and establish a record. This advanced panel will present ideas and practice tips for effective motions practice before EOIR.
Do the Federal Rules of Civil Procedure or Evidence Apply? Motions to Continue for Pending Petitions before USCIS (I-130s, I-140s, U Visas, I-360s), Matter of Hamshi Motions to Withdraw and Amendment of Pleadings Motions for Subpoenas and Other Discovery Requests Motions for Administrative Closure, Termination and Repapering Motions to Suppress Evidence Philip Smith (DL), Portland, OR; Rex Chen, Newark, NJ; Lawrence H. Rudnick, Philadelphia, PA; Scott M. Rosen, Chief Counsel to the Chief Immigration Judge, EOIR, Fall Church, VA Over the years, the applicable standards for rescinding an in absentia deportation or removal order have changed. This intermediate panel will explain how to determine the correct law to apply to an in absentia case and then walk through the procedures on how to file the motion and keep your client in the U.S.
Obtaining the Evidence You Need to Support the Motion What to Include with the Motion, Stays of Removal Different Statutory and Regulatory Rules for Motions to Rescind Burden of Proof – How To Demonstrate Improper Service or Lack of Service Timelines/Deadlines/Exceptions Appeal to the BIA – What to Expect Linda Kenepaske (DL), New York, NY; Victor D. Nieblas Pradis, AILA Board of Governors, City of Industry, CA; Robert Pauw, Seattle, WA; Beth Werlin, American Immigration Council Litigation Clearinghouse Attorney, Washington, DC
TRACK IV – LAW PRACTICE SUCCESS Listen in as the panelists discuss the newest Internet-based tools available to establish your presence on the worldwide web. Learn how to choose the tools that will be most useful to your marketing plan and how to integrate all Internet options to effectively attract the clients you want. Space is limited so get there early to receive the answers to your most pressing questions! Blogs Twitter Use of Social and Professional Networking Sites Interactive Q&As Integration of All Internet-Based Marketing Options to Establish an Effective Web Presence Website Branding Website Creation and Upkeep Website Optimization – How Search Engines Rank Search Results Search Engine Marketing Gregory Howard Siskind (DL), Memphis, TN; Nikki Mehrpoo Jacobson, Los Angeles, CA; Sheela Murthy, Owings Mills, MD This unique and informative panel will address the various issues that are created by the unauthorized practice of law. In the United States, the practice of law is conditioned upon admission to the bar of a particular state or other territorial jurisdiction, but regulation of the practice of law is left to the individual states. Come learn where your state stands. Space is limited so get there early to receive the answers to your most pressing questions!
How UPL Affects You Latest Developments – State-by-State Can the Damage to Your Client Be Undone? How AILA Is Helping the Fight Not Your Jurisdiction? Practice Limitations Global Immigration – At What Point Are You Engaging in UPL? Alan Diamante (DL), AILA UPL Committee Chair, Los Angeles, CA; Peter D. Williamson, AILA Past President, Houston, TX; Jason Abrams, New York, NY; Barbara Strickland, San Diego, CA Who you hire can significantly affect the functioning and success of your practice. Learn how to locate, hire, enrich, reward, and retain your best people. Space is limited so get there early to receive the answers to your most pressing questions!
Determining the Position and Person You Want to Hire Controlling Attrition Effective Management Techniques Training and Mentoring Beyond the Raise – Promotion, Increased Responsibility, Leadership, Involvement in Firm Development and Marketing Creating Personalized and Attractive Compensation and Benefits Packages Kirby Gamblin Joseph (DL), Aurora, CO; Shawn A. Orme, AILA Texas Chapter Chair, Dallas, TX; Suzanne B. Seltzer, New York, NY; Jim Calloway, Director, Management Assistance Program, Oklahoma Bar Association, Oklahoma City, OK
TRACK V – GOVERNMENT OPEN FORUMS Catherine L. Haight (DL), AILA DOL Liaison Committee Chair, Los Angeles, CA; Jeanne M. Malitz, AILA DOL Liaison Committee Vice-Chair, San Diego, CA; William Carlson, Administrator, Office of Foreign Labor Certification, ETA, U.S. Department of Labor, Washington, DC; Elissa M. McGovern, Chief of the Policy Division, Office of Foreign Labor Certification, U.S. Department of Labor, Washington, DC Kathleen Campbell Walker, AILA CBP Liaison Committee Chair, El Paso, TX; Reginald A. Pacis, AILA CBP Committee Vice-Chair, Detroit, MI; Maureen Dugan, Assistant Executive Director, Admissibility and Passenger Programs, U.S. Customs and Border Protection, Washington, DC
TRACK VI – GOVERNMENT OPEN FORUMS II
Michael Ellis Gans, Clerk, U.S. Court of Appeals, Eighth Circuit, St. Louis, MO; Joann H. Swanson, Supervisory Program Analyst, OCA-EPA, Administrative Office of the U.S. Courts, Washington, DC; William A. Bradley, Court Sessions Coordinator, Clerk's Office - U.S. Court of Appeals, Third Circuit, Philadelphia, PA T. Douglas Stump (DL), AILA Treasurer, Oklahoma City, OK; Juan P. Osuna, Deputy Assistant Attorney General, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC; Monica Ramirez, Counsel to the Assistant Attorney General, Civil Rights Division, U.S. Department of Justice, Washington, DC Vic Goel (DL), AILA Ombudsman Liaison Committee Chair, Reston, VA; Cora Denise Tekach, AILA Ombudsman Liaison Committee Member, Washington, DC; Wendy Kamenshine, Deputy Ombudsman, Office of the Citizenship and Immigration Services Ombudsman, DHS, Washington, DC; Gary Merson, Chief of Policy, CIS Ombudsman Office of the Citizenship and Immigration Services Ombudsman, DHS, Washington, DC
TRACK VII – FEDERAL COURT MINI TRACK/SPECIAL SESSIONS
This panel is designed for the immigration practitioner who is interested in delving into a federal court practice. The seminar is designed to be a “nuts and bolts” overview for attorneys new to federal court practice. Hear seasoned practitioners’ perspectives on what works and what doesn’t work, mistakes to avoid, and important issues to which you should pay attention.
Jurisdiction and Venue Learning the Rules Drafting an Effective Complaint/Petition for Review Electronic Filing and Effective Service Seeking Immediate Relief – Stays and Injunctions Motions Practice Discovery Pre-trial Issues and Settlement Conferences Rule 12 and Summary Judgment Attorneys Fees and EAJA David K.S. Kim (DL), New York, NY; Mark R. Barr, Denver, CO; Steven A. Morley, Philadelphia, PA CD #50 This advanced panel is for the experienced district court litigator. The panel will discuss drafting an effective complaint, dealing with the government’s motion to dismiss, motion for summary judgment and potential trial. The panel will also discuss discovery motions and strategic decisions such as whether to agree to remand or keep the case in federal court.
Effectively Drafting the Complaint and Petition Effectively Opposing a Motion to Dismiss – Dealing with the Usual Government Arguments Discovery – How to Use It to Your Advantage Do You Agree to Remand or Try to Keep the Case in Federal Court? Jennifer M. Rotman (DL), Portland, OR; Emily Creighton, AIC Staff Attorney, Washington, DC; Joshua Goldstein, Boston, MA CD #51 This AILA town hall meeting will focus on the current state of immigration reform. Come discuss current immigration policy and get your voice heard. CD #52 As the debate for Comprehensive Immigration Reform (CIR) reaches its crescendo, how can we ensure that any possible legislative reform has the necessities and abilities to cure what we as practitioners have seen as a broken system for generations. Come and openly discuss with your colleagues what provisions you would like to see as part of CIR. Is our system of immigration laws too antiquated for its day? Should we start fresh? Is there such a thing as a “perfect” immigration system?
What Should Be Salvaged? What Should Go? What Must Be Incorporated? Is this Feasible? What Can We Learn from Other Countries? Who Do We Have To Convince? Gregory Chen (DL), AILA Director of Advocacy, Washington, DC; Angelo Amador, Washington, DC; Leon Fresco, Office of the Honorable Sen. Schumer, Washington, DC; Ali Noorani, National Immigration Forum, Washington, DC; Frank Sharry, America’s Voice, Washington, DC; Ur Mendoza Jaddou, Chief Counsel, Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law House Committee on the Judiciary, Washington, DC CD #53 Under U.S. immigration law, all men are not created equal. Many foreign nationals who have developed deep ties and bonds to the U.S., find themselves unable to obtain permanent resident status and remain in the U.S. For some, such as domestic partners, spouses of U.S. citizens that entered without inspection, certain widows, property owners and grandparents, the law provides no opportunity for residency. For others, such as unskilled workers who have become integral to U.S. employers or brothers and sisters of U.S. citizens, the wait for a green card is too long to offer any realistic solution. This panel will discuss the inequities that exist under the current system, current efforts, and what the future may hold.
Inequities that Are Created Under the U.S. Immigration System Overview of Grassroots Efforts and Legislation What Does the Future Hold? Brent W. Renison (DL), Lake Oswego, OR; Anna Marie Gallagher, Washington, DC; Daniel L. Weiss, Freehold, NJ; Kerri Sherlock Talbot, Office of the Honorable Sen. Menendez, Washington, DC; *Melissa Crow, Office of Policy, DHS, Washington, DC
There is general consensus that our immigration courts are overburdened, inefficient and in need of reforms. The real issue is how to obtain real reform of the immigration court system while at the same time preserving due process for non-citizens and the protecting the rule of law. This panel will examine some of the difficult challenges facing the current system and address the questions that arise in considering whether to move to an Article I immigration court system.
What Does Article I Status Entail and How Is that Different than the Current Administrative Immigration Court System? Should the Immigration Courts Have Article I Status? Should Sitting Judges Prove Fitness for Article I Status, and if so, What Testing/Recruitment Process Should Current and New Judges Endure? Would Article I Status Improve Court Efficiency or Lead to More Backlog? What Effect Will Article I Status Have on Circuit Court Review? Are There Risks that Article I Status Will Further Shelter Immigration Court Decisions from Judicial Review? Laura Lichter (DL), AILA Second Vice President, Denver, CO; Russell Wheeler, Visiting Fellow, Governance Studies, Brookings Institute,
PRACTICE ROUNDTABLES (Evening) As the world gets smaller and competition grows, clients expect their lawyers to advise on immigration matters no matter where their final destination may be. This roundtable is directed toward business immigration lawyers who are faced with these requests and will offer insight on the best way to manage the multinational client’s needs.
Defining Your Level of Involvement Engaging Co-Counsel or Local Experts Global Organizations and Web Resources The Issue of Fees Quality Control Issues Limiting Your Liability Henry J. Chang (DL), Toronto, ON, Canada; Laura Devine, London, Great Britain; Roland Lechner, Phoenix, AZ; Manuela Morais, Philadelphia, PA This intermediate panel will discuss recent developments and challenges involving health-related grounds of inadmissibility and their associated waivers.
§212(g) Waivers – Eligibility and Strategy Removal of the HIV Bar to Admission Vaccinations – Ways to Challenge the Vaccination Requirements Drug Use Inadmissibility and Challenges Dealing with DUIs – What to Do with Single or Multiple DUI Offenses Public Charge Implications of Health Conditions James Alexander (DL), Washington, DC; Nancy Alaine Peterson, St. Paul, MN; Jeffrey Gorsky, Chief, Advisory Opinions Division, Department of State, Visa Office, Washington, DC
CD #57 USCIS policy memoranda are supposed to provide guidance to the government in connection with the adjudication of cases. However, recently issued memos seem to effectively change the law. The November 20, 2009 and January 8, 2010 Neufeld Memos have dramatically altered H-1B, O and P eligibility and are making practitioners rethink how to handle these types of cases. Are we entering an age of rulemaking through policy memo? This session will examine the impact of recent policy memos, identify how those memos have changed benefits eligibility and procedure, and provide tips on how to prepare petitions in this new era.
Overview of the Latest Policy Memos How the Memos Have Changed Visa Eligibility and Petition Preparation Petition Extensions – What to Do When A New Memo Changes the Game and Your Client May No Longer Be Eligible Rulemaking Through Memoranda – Can They Do That? Vic Goel (DL), AILA Ombudsman Liaison Committee Chair, Reston, VA; Avram E. Morell, Newark, NJ; Jeffrey Lubbers, Professor of Practice in Administrative Law, American University Washington College of Law, Washington, DC CDs #58 & #59 This roundtable will explain basic procedures in immigration court, from pre-master calendar hearing to presenting your client’s case for relief at the merits hearing stage.
Master Calendar Hearing – Appearance (Waiver, Telephonic, Pro Se), Request for Continuance Denying NTA Allegations and Charges Despite Pressure from the Court Discussions with DHS Office of Chief Counsel and Prosecutorial Discretion Motion to Terminate Proceedings (Defective NTA, Insufficient Evidence for Criminal Charge of Removal) Bond Hearing Determining Whether to Pursue the Available Relief and Advising the Client about Expectations Filing the Application for Relief and Supporting Evidence, Immigration Court Procedures Manual, Immigration Judge Benchbook Choosing Witnesses Presenting the Case in Court – Burden of Proof, Opening Statements, Offer of Evidence, Objections, Rehabilitation of Witness, Closing Statements Alternative Requests for Relief John Patrick Pratt (DL), Miami, FL; Jodi Goodwin, Harlingen, TX; C. Mario Russell, New York, NY CDs #60 & #61 This panel will discuss the issues and procedures that arise after an individual has been granted asylum, withholding of removal or relief under the Convention Against Torture, including applications for derivatives, adjustment of status, travel and recission of status.
The I-730 and Nunc Pro Tunc Applications for Derivatives Child Status Protection Act for Derivatives Does the Grant of an I-730 Nullify a Removal Order? The Long-Term Implications of a Grant of Asylum, Withholding or CAT (Changing/Adjusting Status) Sticky Issues in §209 Adjustments and §209(c) Waivers Rescission of Asylee Status Traveling Back to the Home Country Before and After Adjustment Farshad Owji (DL), San Francisco, CA; R. Mark Frey, St. Paul, MN; Paul O'Dwyer, AILA Refugee, Asylum & International Programs Liaison Committee Chair, New York, NY; Lauris Wren, Hempstead, NY; *Jedidah M. Hussey, Deputy Chief, Asylum Division, Office of Refugee, Asylum & International Operations, USCIS, Washington, DC CDs #62 & #63 This workshop will provide answers to common questions raised by graduating students who are seeking employment in the United States, including eligibility for STEM benefits and “cap gap” relief.
SEVIS Requirements Working with the DSO – Serving as An Intermediary Falling Out of Status and Reinstatement CPT/OPT – What’s the Difference? Eligibility for STEM Benefits Including a Discussion of STEM Fields and E-Verify Registration Cap Gap Eligibility Proving Completion of the Degree – The True Definition Travel Concerns for Students with Pending or Approved H-1B Cap Petitions Stephen D. Springer (DL), Metairie, LA; Frances C. Berger, New York, NY; Dyann DelVecchio, AILA Students & Scholars Committee Chair, Boston, MA; Helene Robertson, Director, International Student and Scholar Services, The Center for Global Education, The Catholic University of America, Washington, DC CDs #64 & #65 This panel will explore the status of pending legislation and case law pertaining to LGBT issues, the current adjudicatory practice of USCIS with respect to LGBT cases, and how to handle these issues within the current framework.
Update on Uniting American Families Act, Defense of Marriage Act and Related Legislation Impact on U.S. Immigration Status Where There Is a Legally Recognized Same Sex Marriage from a Foreign Jurisdiction or U.S. State USCIS Processing and Case Law Involving Transgender Marriages Use of a Visa for Accompanying Partners Removal of the HIV Bar to Admission Update on LGBT Issues in the Asylum Context Ethical Issues in Representation of LGBT Clients Michael R. Jarecki (DL), AILA LGBT Immigration Issues Working Group Chair, Chicago, IL; Navid Dayzad, Los Angeles, CA; Aaron C. Morris, New York, NY; Nancy M. Robinett, Pullman, WA; Scott C. Titshaw, Macon, GA CDs #66 & #67 This roundtable will address the issues that specifically affect the practice of a solo practitioner. Learn the intricacies of marketing and establishing a network of reliable colleagues and discuss various tools that will help you manage and streamline your practice so you can thrive, prosper and enjoy the practice of immigration law.
Marketing and Building Your Practice Do You Specialize or Keep Your Practice Broad? Establishing a Network of Solo Practitioners in Your Area What Happens When You Are Not There? I Can’t Be in Two Places at One Time – Solutions and Options Keeping a Practice Afloat During Tough Economic Times True Office Space vs. Virtual Office Space Work/Life Balance Stuart J. Reich (DL), New York, NY; Becki L. Young, Washington, DC; Lisa Helen York, Denver, CO; Reid Trautz, Director, AILA Practice & Professionalism Center, Washington, DC
CD #68 This panel will provide an overview of the special nonimmigrant categories that are based on nationality, as well as an analysis of how to assess the benefits and pitfalls involved in these categories. Emphasis will be placed on special processing options and a comparison of alternative categories.
Visa Waiver Program and ESTA Registration Chile and Singapore – It Looks Like an H-1B But Its Really an H-1B1 The Australian E-3 – An H-1B in Disguise? Canada Gets All the Breaks – No Visa Requirement, TN-1, Border L-1 Mexico TN-2 – Better than Nothing Michelle Funk (DL), AILA Washington DC Chapter Chair, Washington, DC; Donald Kyle Sheppard, AILA San Diego Chapter Chair, San Diego, CA; Valentine A. Brown, Cherry Hill, NJ; William Z. Reich, Buffalo, NY CD #69Padilla v. Kentucky In 2010, the Supreme Court decided the landmark decision in Padilla v. Kentucky, holding that the Sixth Amendment requires criminal defense counsel to advise clients of the immigration/deportation consequences of criminal charges pleas, and that failure to do so constitutes ineffective assistance of counsel. This panel will discuss the Padilla decision, key points, and the scope of the duty to advise. It will also discuss practical steps for investigating facts critical to proper advisement, advisement models to assist defense counsel in representing noncitizen defendants, and additional resources on immigration consequences of crimes.
Summary of the Decision Scope of the Duty to Advise Steps for Effective Representation Under Padilla Strategies for Use of Padilla in Defense of Removal – Motions to Reopen, Lozada Complaints Advisement Models for Defense Counsel – Working with Criminal Defense Attorneys Labe M. Richman, New York, NY; *Rehim Babaoglu, Memphis, TN
PRACTICE ROUNDTABLES (Morning)
CD #70 The panelists will discuss the potential consequences of foreign travel while a petition or application is pending with USCIS and will discuss measures which can be taken to avoid problems at the border upon return.
Foreign Travel while a Change of Status Petition Is Pending Foreign Travel while an Extension of Status Petition Is Pending Foreign Travel while an Adjustment of Status Application Is Pending Triggering the 3- and 10-year Bars Martha J. Schoonover (DL), McLean, VA; John Jay Strimel, Houston, TX; Donald Jay Wolfson, New York, NY CD #71 As USCIS continues to apply a high level of scrutiny to cases and develop new standards resulting in denials, practitioners must include in their arsenal a firm grounding in appellate options. This panel will address procedural and strategic considerations in appeals to the Administrative Appeals Office.
Developing a Strategy – Appeal, Re-file or Both? Procedural Requirements for Motions to Reopen/Reconsider and Appeals Burden of Proof Effective Use of Precedent and Agency Guidance Considerations of Style and Format Recourse after an AAO Denial Ruth K. Oh (DL), AILA Board of Governors, Honolulu, HI; CD #72 This roundtable will provide the current state of third country national (TCN) processing, providing practical tips and allowing ample opportunity to ask your burning questions.
How to Strategically Present NIV Applications for TCNs at Border Posts in Mexico and Canada Security Checks and Delays Role of the Attorney and Communicating with the Post Particulars about Processing E-1/E-2, H-1B, E-3, and L-1 Visas Avi Friedman (DL), Santa Monica, CA; Jeffrey W. Goldman, Boston, MA; Edward Rios, El Paso, TX; Edward McKeon, Minister Counselor for Consular Affairs, Foreign Service Officer, Department of State, American Embassy Mexico CD #73 An intermediate panel on how to assist a nonimmigrant with obtaining a waiver of inadmissibility under INA §212(d)(3). The panel will discuss what grounds of inadmissibility can be waived, relevant case law, and the differences in processing the waiver depending on the consular post or port of entry where the applicant applies.
Which Grounds of Inadmissibility Are Waivable? Matter of Hranka Factors Do You Need to Show Rehabilitation? How Important Is the Passage of Time? The Adjudication Process – Timeline and Agencies Involved Elaine H. Witty (DL), New York, NY; Allen E. Kaye, AILA Past President, New York, NY; Leigh Ganchan, Houston, TX; Brian Hunt, Deputy Chief, Legal Advisory Opinions, U.S. Department of State, Visa Office, Bureau of Consular Affairs, Washington, DC; Michael D. Olszak, Director, Admissibility Review Office, Admissibility and Passenger Programs, U.S. Customs and Border Protection, Washington, DC CD #74 This panel will cover current adjudication trends in religious worker petitions, addressing both substantive issues and lessons learned from government investigations.
Nonimmigrant and Immigrant Issues and Strategies Dealing with Volunteer Experience and Compensation Issues Making Your Case for Vocational Religious and Occupational Workers Filing Strategies when the Sponsoring Denomination Is Different from the Beneficiary’s Denomination Preparing for a USCIS Investigation Adverse and Inconsistent Adjudication Trends at the Service Centers and AAO Cliff Rosenthal (DL), AILA Religious Workers Committee Chair, Santa Monica, CA; Sandra M. Wagner, AILA Religious Workers Committee Vice-Chair, San Diego, CA; *Barbara Q. Velarde, Chief, Service Center Operations, USCIS, Washington, DC This panel will examine the process of preparing a petition for special immigrant juvenile status and the interplay between the findings of a juvenile court and DHS. Share your own experiences with the expert panelists during this interactive session.
Filing I-360 SIJS Petitions Non-detained vs. Detained Juveniles TVPRA 2008 Inadmissibility Issues Aging-Out and Retaining Priority Dates Judy Flanagan (DL), Phoenix, AZ; Kristin Ann Petri, Westminster, CO; David B. Thronson, Las Vegas, NV
FUNDAMENTALS TRACK
CD #76 This panel will start at the beginning of the PERM process. Faculty will take a practical approach to this cumbersome process by presenting a general mock intake interview between the attorney, the employer and the employee. Learn what questions to ask and what information you need in order to get the ball rolling.
What Is PERM? Your Client Wants to Begin the PERM Process – Now What? Information the Attorney Needs to Know Who Can/Must Pay for the PERM Process? Is There any Leeway? Dual Representation Issues Michael Nowlan (DL), Detroit, MI; Janet L. Henner, AILA New York Chapter Chair, New York, NY; Bradley D. Maier, Portland, OR; CD #77 This session will focus on the fundamental steps of preparing the documentation for a PERM application. Faculty will discuss pre-filing steps and issues, how to organize the information and lay out recruitment, and will explain the steps the attorney can take in guiding the employer through this tricky process.
OK, I Have the Minimum Requirements, Now What? Can I File? What Do I Look for? What Is a Busted SVP? What Is a Job Zone? Prevailing Wage Determinations – What Are They? Issues that Can Arise Is the Employer Registered with DOL? Types of Recruitment What Forms Are Required? Timelines Recruitment Is Done – Now What? Screening Applicants – The Attorney’s Role and Common Pitfalls Jane W. Goldblum (DL), Jenkintown, PA; Helene Nguyen Dang, Houston, TX; Amy Fallon, New York, NY; Steven Howard Garfinkel, Charlotte, NC CD #78 This hands-on session will focus on the fundamental and practical steps of completing the ETA-9089. Avoid common mistakes and learn how to spot critical issues from some of AILA’s most seasoned PERM practitioners.
Completing the ETA-9089 What Boxes Do I Check? – How to Answer the Tricky Questions You’ve Finally Filed your Case – What Can You Expect Next? Audit, Denial, or Certification? Susan C. Ellison (DL), Boston, MA; Lauren Aucoin, San Francisco, CA; Rebecca R. Massiatte, Dallas, TX CD #79 Learn the nuts and bolts as this panel of experts provides an overview of the family-based immigrant and nonimmigrant visa categories and outlines the basic processes for family-based petitions.
Immediate Relatives Preference Categories Excluded Relatives Visa Bulletin K-1s and K-3s Sharon Dulberg (DL), San Francisco, CA; Lee A. O’Connor, AILA Indiana Chapter Chair, South Bend, IN; Gloria A. Goldman, Tucson, AZ; Noemi Ramirez, Los Angeles, CA CD #80 This panel will explain the basic concepts regarding a foreign national’s eligibility to apply for lawful permanent residence through adjustment of status, which may be available to qualified persons who are physically present in the United States.
What Is a “Priority Date” and How Does It Attach? Chargeability How to Read the Visa Bulletin Adjustment of Status/When Can You File? Look Out for §245(i) Ancillary Benefits and Travel Restrictions Sharon Cook Poorak (DL), Atlanta, GA; Robert Lee DeMoss, AILA Texas Service Center Liaison Committee Chair, Montgomery, AL; David A. Harston, Denver, CO; Barbara H. Lutes, San Francisco, CA
BROWN BAG LUNCHES
CD #81 This lunch session provides training and tips for effectively addressing and educating audiences of varying ages and backgrounds on immigration issues and advocating for immigration reform.
Don’t Write a Dissertation – Simplifying Your Presentations PowerPoint and War Stories and How to Make Them Personal Discussing Immigration Policy with a General Audience Making the Case for Immigration Reform Know Your Audience Bring the Right Materials Carlina Tapia-Ruano (DL), AILA Past President, Chicago, IL; Claire Tesh, Manager, American Immigration Council Community Education Center, Washington, DC; Jenny Levy, AILA Manager, Outreach and Communications, Washington, DC; George Tzamaras, AILA Director of Communications, Washington, DC CD #82 This lunch panel is designed as a refresher to criminal procedure for the immigration attorney. Taught by attorneys who regularly practice in criminal court, the seminar will provide an overview of the main concepts of criminal procedure and highlight the main criminal procedure principles which an immigration attorney may encounter in his or her practice.
The Criminal Process from Arrest to Appeal Burdens of Proof in the Various Stages of a Court Proceeding Differences between State Court Criminal Procedures and Federal Court Criminal Procedures Overview of the Sentencing Guidelines Search and Seizure and Suppression Immigration Considerations in the Criminal Plea Context – Take the Plea or Take it to Trial? Sentencing Appeal Hans Meyer (DL), Denver, CO; Lauren DeBellis-Aviv, New York, NY; Rockne Cole, Iowa City, IA CD #83 Every marriage-based case and most family-based cases involve dual representation. What are the challenges of dual representation and what can you do to protect yourself? Do the rules concerning candor to a tribunal apply to USCIS adjudications? To what extent are you vouching for your client’s representations? Do you have an obligation to investigate them? Get the answers to these pressing questions and more.
Dual Representation Issues Vetting Your Clients – What’s the Obligation? Dealing with Overseas Beneficiaries Candor to the Adjudicator Which Rules Apply? Cory Caouette (DL), AILA Board of Governors, New Members Division Chair, San Diego, CA; Randall Caudle, AILA Membership Committee Chair, San Francisco, CA; Jacqueline B. Martinez, Pittsburgh, PA CD #84 This panel will cover the fundamentals of the affidavit of support, when it is required, and what to do when the sponsor doesn’t meet the federal poverty guidelines.
What Obligations Does the Affidavit of Support Place on the Sponsor, and When Do Those Obligations Terminate? When Is an Affidavit of Support Required? Joint Sponsors and Household Members, When Required, Who Qualifies, Ethical Issues Concerning “Representation” What Qualifies as Income? Determining Family Size Supporting Documentation Anticipating a Request for Evidence Joy F. Athanasiou (DL), Lakewood, CO; Thomas J. Geygan Jr., Cincinnati, OH; Miriam B. Riedmiller, Washington, DC CD #85 This masters panel will discuss recent developments in the law regarding the Convention Against Torture and the limitations that the government has placed on its applicability in removal proceedings.
What if the Torturer Is a Private Person? When Does a Government “Acquiesce” in the Torture? What Constitutes “State Action?” When Is a Government “Willfully Blind?” Circuit Court Jurisprudence Can Harsh Prison Conditions Constitute Torture? Karen Musalo (DL), San Francisco, CA; Elizabeth Barna, NewYork, NY; Jason Dzubow, Washington, DC; Hiroko Kusuda, New Orleans, LA; Molly Groom, Chief, Asylum Division, Office of Refugee, Asylum & International Operations, USCIS, Washington, DC CD #86 An analysis and update on degree equivalency issues. This lunch panel will cover issues in nonimmigrant and permanent residence cases and will review case law, agency interpretations and service center practices.
The Rules Regarding Degree Equivalency Analyzing Potential Issues at the Very Beginning of a Case Three-Year Bachelor’s Degrees Getting a Credential Evaluation that Will Succeed If Not EB-2, Will It Work for EB-3? Jenifer M. Brown (DL), Indianapolis, IN; Loan T. Huynh, Minneapolis, MN; Ronald Y. Wada, San Francisco, CA; Lina Jeffries, Associate Counsel , Adjudications Law Division, Office of Chief General Counsel, USCIS, DHS, Washington, DC CD #87 H-3 and B-1 visas are useful for the U.S. employer who wants to bring in trainees but are becoming more difficult to obtain. This panel will discuss the preparation of H-3 trainee petitions and will consider when the B-1 may be useful in training situations.
H-3 Trainee Visa – Assessing and Preparing a Successful Petition B-1 in Lieu of H-3 – What to Present at the Consular Interview and How to Prepare Your Client B-1 in Lieu of J-1 – Specific Considerations for a Successful Application Obtaining a B Visa vs. Utilizing the Visa Waiver Program Laura A. Edgerton (DL), Raleigh, NC; Dale M. Schwartz, AILA Past President, Atlanta, GA; Susan J. Cohen, Boston, MA; Maxine Lee, Edison, NJ
TRACK I – BUSINESS
CD #88 This session will address complex issues in preparing “interested government agency” J-1 waiver applications and will provide practitioners with an opportunity to ask questions of AILA experts and IGA representatives.
Preparation of IGA Waiver Applications IGAs with Established Protocols and Programs – HHS, NSF, DOE, DOD Choosing Among IGAs What to Do if There Is No Established Program Quirks and Commonalities of IGA Waivers Elizabeth A. Quinn (DL), Washington, DC; Ingrid K. Brey, Grosse Pointe Park, MI; Khorzad Adi Mehta, Owings Mills, MD CD #89 The practice of business immigration law is often made more challenging by the issuance of complex and sometimes unwarranted Requests for Evidence (RFE). This session will focus on trends in RFEs for multinational manager and PERM-based I-140 petitions. The panel will provide recommendations and practical tips for successfully responding to such RFEs.
Current Trends and Successful Response Strategies Multinational Managers – New Tactics for Function Managers Issues in PERM-Based Cases How to Handle Position and Company Changes In Case of Denial – Appeal or Re-file? A. James Vazquez-Azpiri (DL), San Francisco, CA; Fausta Maria Albi, San Diego, CA; David Grunblatt, Newark, NJ; Allen Orr, Washington, DC CD #90 This panel will discuss the current trends in Requests for Evidence (RFEs) from USCIS with respect to employment-based nonimmigrant petitions, with a particular focus on H-1Bs and L-1s.
Responding to Boilerplate and Overly Burdensome RFEs What if They Ask for Something That Doesn’t Apply to My Case? But I Submitted That with My Initial Petition! H-1B RFEs – Third Party Consulting Arrangements, “Three for One” Rule L-1 RFEs – Specialized Knowledge for L-1Bs Strategies for Getting the Information and Documentation You Need from Your Client Larry L. Drumm (DL), San Francisco, CA; Teri A. Simmons, Atlanta, GA; Ian David Wagreich, Chicago, IL; Annie Jen Wang, New York, NY CD #91 This panel will analyze the H-2B requirements from a practical standpoint to provide practitioners with the building blocks needed to prepare successful cases. This primer for attorneys will include a summary of the regulations and key legal issues, guidance on the temporary labor certification procedures, and best practices and tips to address complex issues.
Overview of H-2B Requirements and Regulations for Nonagricultural Temporary Workers Job Contractors vs. Fixed Site Employer Defining Seasonal, Peak, One-Time Occurrence and Intermittent Need 3-Year One Time Need – Extensions with USCIS and Rerecruiting Recruitment Issues and the Temporary Labor Certification Process USCIS and Consular Processing Issues and Concerns Practical Tips and Common Pitfalls in Filing H-2B Cases FLSA Issues – Decatur and Arriaga Employer Assurances and Obligations – Recruitment Fees and How to Advise Employers Sanctions Against Clients and Attorneys Jay C. Ruby (dl), Atlanta, GA; Vard R. Johnson, Boston, MA; Matthew Lee, Centerville, MA CD #92 For years, ICE focused almost exclusively on the criminal prosecution of employers. Now, as ICE shifts its focus back to civil fines, it’s time to dust off OCAHO procedures and case law and review new ICE guidance related to fine assessments to prepare to defend our employer clients against civil penalties. In lieu of criminal prosecution, ICE is also resolving corporate criminal investigations through the use of Non-Prosecution and Deferred Prosecution Agreements (“NPAs” and DPAs”). The speakers will review OCAHO procedures and leading case law and discuss the nuts and bolts of high profile NPA agreements (Walmart, IFCO and Pilgrim’s Pride Corporation).
Review of a Sample OCAHO Case – From Requesting a Hearing, Responding to Complaints, Affirmative Defenses, Motions for Summary Decision, Challenging Fine Assessments and Much More Review of ICE Policy Memos and OCAHO Case Law NPAs and DPAs – Redefining Immigration Corporate Liability Potential Conflict Between “Enhanced Voluntary Compliance Programs” and IRCA’s Anti-Discrimination Provisions Josie Gonzalez (DL), AILA Board of Governors, Pasadena, CA; Jeff Joseph, AILA Board of Governors, Aurora, CO; Richard A. Gump Jr., Dallas, TX; Jay T. Jorgensen, Washington, DC; Ellen K. Thomas, Administrative Law Judge, EOIR, OCAHO, Falls Church, VA
TRACK II–FAMILY
CD #93 This panel explores the requirements and procedures for immigrant visa processing at the U.S. consulates. The panel will also provide valuable information and tips for responding to requests from the NVC and ensuring that all required documentation is submitted.
How to Deal with the NVC and Get the Right Information What Must Be Sent to the NVC and Do They Need to Be Originals? What Documents Does Your Client Need for the Immigrant Visa Interview? Procedural Aspects of Waivers Filed at the Consulate What Can Be Done in the Case of a Denial? Heather N. Segal (DL), AILA Board of Governors, Toronto, ON, Canada; Ellen Freeman, AILA Pittsburgh Chapter Chair, Pittsburgh, PA; Paul L. Samartin, London, Great Britain; Sandra Shipshock, Senior Advisor, Visa Office Bureau of Consular Affairs Department of State, Washington, DC CD #94 This intermediate panel examines the basic procedures for the jointly filed I-751 petition, and details different strategies for filing including waivers of the joint requirement.
What Are the Filing Procedures and Documentary Requirements in Filing a Joint Petition? Filing for Nonconventional Marital Arrangements Events that Permit Early Filing Our Documentation Is Substantial, Why Is an Interview Scheduled? When Are Dependents Included in the Petition? What Are the Waivers Available? The Interplay Between Conditional Residency and Naturalization Jonathan S. Greene (DL), Columbia, MD; Suzanne Brown, St. Louis, MO; David Kolko, Denver, CO CD #95 The Adam Walsh Act (AWA) established bars for U.S. citizen and permanent resident petitioners with certain convictions. Who will get tripped by an AWA bar, and who will qualify for an exception? What are the avenues for appeal if USCIS determines the petitioner has not demonstrated “beyond any reasonable doubt” that he or she does not present a risk?
Convictions that Qualify Under the Adam Walsh Act to Bar Family Petitioners Types of Petitions Affected Making the Case for an Exception Appealing a Denial The “Beyond Any Reasonable Doubt” Standard David K. Link (DL), Wichita, KS; Raymond R. Bolourtchi, St. Louis, MO; Christopher Kozoll, Louisville, KY CD #96 One of the most important aspects of advising a client is to provide them with a clear explanation of all of their available options. This is especially important when dealing with a married or engaged couple who must decide whether to pursue adjustment of status, consular processing, or a fiancé visa. This panel will provide a comparison of these options and examine issues that may arise.
Overview of Procedures and Timelines Marriage Abroad vs. Marriage in the U.S. on a K-1 Visa Whether the “Ceremony” that Took Place Abroad Counts as a Legally Binding Marriage K-1 and K-3 Timing Issues – Which One Will Reunite the Couple the Quickest? Visa Waiver or B-2 Entry – Advice and Issues Regarding Nonimmigrant Intent Issues that May Arise at the Consulate, But Not at an Adjustment Interview, and Vice Versa Gerald E. Burns (DL), AILA Arizona Chapter Chair, Chandler, AZ; Mark J. Newman, Atlanta, GA; Alan J. Pollack, Newark, NJ CD #97 Of all of the devastating effects of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), the concept of unlawful presence is perhaps one of the harshest. Given the role of unlawful presence in determining admissibility, immigration practitioners must understand its implications and be familiar with the associated waivers. This session will also provide expert strategies to employ in submitting these applications at U.S. consulates.
What Is Unlawful Presence and How Does It Differ From Being Out of Status? How Is Unlawful Presence Counted for Purposes of Triggering the 3- and 10-Year Bars and the Permanent Bar? Recent Agency Guidance on Unlawful Presence Exceptions to Unlawful Presence (Minors, Asylees, Battered Women and Children, Victims of Trafficking) Waivers of Inadmissibility (3- and 10-Year Bars, Permanent Bar, VAWA) Conflicts Between the BIA and Circuit Courts in the Interpretation of Unlawful Presence and §245(i) Practical Tips in Preparing the I-601 Application Strategies for Processing Waivers at U.S. Consulates Laurel Scott (DL), Houston, TX; B. John Ovink, Tampa, FL; Joanna Reppel, Chief, International Operations Division, USCIS, Washington, DC; * Dea Carpenter, Acting Chief General Counsel, USCIS, DHS, Washington, DC
TRACK III – MASTERS DUE PROCESS CDs #98 & #99 The recent Supreme Court decision in Nijhawan fundamentally changed the categorical analysis for aggravated felonies, and possibly other removal grounds, and opened the door for evidentiary hearings in immigration court. Similarly, the BIA’s Silva-Trevino decision creates challenges for attorneys litigating crimes involving moral turpitude. This panel will provide an up-to-date legal analysis and discuss what evidence can and should or cannot and should not be presented in court. Supreme Court Nijhawan Decision Bifurcation of Analysis The Supreme Court Decision in Duenas-Alvarez When Does the Shepard/Taylor Approach Still Apply? The BIA Decision in Silva-Trevino Aggravated Felony vs. CIMT vs. DV and Other Grounds What Documents and Evidence Can Be Presented? Re-litigating the Facts or Not? Mary E. Kramer (DL), Miami, FL; Matt Adams, Seattle, WA; Katherine Brady, San Francisco, CA; Dan Kesselbrenner, Boston, MA; Thomas Edward Moseley, Newark, NJ CD #100 This masters panel will discuss some of the more complicated issues involving Violence Against Women Act self-petitions and cancellation of removal. The panel will discuss strategies and tips for best protecting your client from the various players in the system.
• Strategic Approaches to the Panoply of Benefits Available to Victims of Gendered Harms – Thinking About the T, U, VAWA Self Petitions, Battered Spouse and Child Waivers, and VAWA Cancellation Together Privacy and VAWA – The Benefits and the Limits VAWA Exceptions to Inadmissibility and Waivers for VAWA Grantees VAWA-Related Consular Processing VAWA and Reinstatement Julie E. Dinnerstein (DL), Kew Gardens, NY; Alexandre Afanassiev, Houston, TX; Sally L. Kinoshita, San Francisco, CA; Thomas Pearl, VSC, USCIS, DHS, Saint Albans, VT CD #101 This masters panel will discuss recent developments in the case law surrounding the parameters and definition of “aggravated felony.” The panel will review circuit splits on various issues and the remaining legal challenges that may still be raised to the finding that a particular crime is an aggravated felony.
Sexual Abuse of Minors Fraud vs. Theft Second Possession of Drug Offenses Crimes of Violence – Burglary, Trespass and Mischief Alien Smuggling Other Emerging Issues Zachary Nightingale (DL), San Francisco, CA; Charles Roth, Chicago, IL; Manuel D. Vargas, New York, NY; Hilary A. Han, Seattle, WA CD #102 This masters panel will address the challenges that arise when dealing with conflicts of law between the BIA and circuit courts as well as intra-circuit conflicts of law. The panel will address the challenges presented by the Supreme Court decision in Brand X, and will discuss current issues that present conflict of law problems.
Identifying Cross-Circuit Issues in Advance (Where Is the Arrest, Where Is the Detention, Where Is the Court?) Brand X – The Eternal Tug-of-War Between the BIA and the Circuit Courts Cross-Circuit Distinctions in Jurisdiction Over “Discretionary” Decisions The Categorical Approach Post Silva-Trevino and Nijhawan Preserving Federal Appeal on Issues that Have Been Resolved by the BIA But Not yet Addressed by the Circuit Stephen Manning (DL), AILA Amicus Committee Chair, Portland, OR; Russell Abrutyn, Troy, MI; Javier N. Maldonado, San Antonio, TX; Gerald P. Seipp, Oldsmar, FL
TRACK IV – LAW PRACTICE SUCCESS
Nothing is more important to the attorney-client relationship than a clearly drafted representation agreement that sets forth the rights and obligations of both parties. But not all such agreements are created equally. Come learn the best content and drafting techniques for representation/fee agreements and waivers.
Necessary Components of All Agreements Compliance with Rules of Professional Conduct and Ethics Rulings Does One Agreement Work in All Situations? How to Address Dual Representation in the Agreement Using the Representation Agreement to Discuss Payment of Fees Best Methods for Presenting the Agreement to the Client Helena S. Younossi (DL), South San Francisco, CA; Mark A. Mancini, Washington, DC; George S. Newman, St. Louis, MO
How do you incorporate marketing and firm promotion into all of your firm’s practices, from correspondence to billing, from professional activities to staff activities, from office image to virtual image? And most importantly, how do you find the time to integrate all of these practices? Space is limited so get there early to receive the answers to your most pressing questions!!
Avenues for Firm Promotion, within and Outside of Your Office Incorporating All of Your Firm’s Practices into Your Marketing Plan Utilizing Every Member of Your Staff for Marketing Making Time for Marketing Francis E. Chin (DL), Boston, MA; Mark A. Ivener, Los Angeles, CA; Warren R. Leiden, San Francisco, CA In today’s changing business climate, the challenge of finding new tactics to garner additional business from an existing client base tests even the best market gurus and strategists. Learn to take a simple approach, returning to practice basics while adding a twist of innovation and maintaining consistent attention to profitability and return on investment. Space is limited so get there early to receive the answers to your most pressing questions!
Consistency and Small Touches Go a Long Way Creative Fee Discussion Tactics Be Direct and Ask for What You Want Take on Smart Projects Jerome G. Grzeca (DL), AILA Board of Governors, Milwaukee, WI; Davis C. Bae, Seattle, WA; Kelly McCown, San Francisco, CA An annual conference top-rated seminar! An interactive session devoted to everyone’s favorite topic – money! Space is limited so get there early to receive the answers to your most pressing questions!
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 Billable vs. Flat Fee Setting Up Bank Accounts Properly – Methods of Payments Carl Falstrom (DL), New Orleans, LA; David Paruch, Troy, MI; Jim Calloway, Director, Management Assistance Program, Oklahoma Bar Association, Oklahoma City, OK
This panel will review protective and remedial measures to take when a practitioner misses a deadline or makes a mistake during the course of representation. Speakers will provide guidance as to what to do, or not to do, including malpractice liability and ineffective assistance claims. Space is limited so get there early to receive the answers to your most pressing questions!
Communication with Client, Opposing Counsel and the Court – What Must You Communicate and When? Remedial Measures that Must Be Taken – What Can You Do to Try and Fix the Problem? Is There a Conflict in Continuing Representation? When to Stop and Refer to New Counsel When Must You Notify Your Malpractice Carrier? Should You Lawyer Up? Hiring Malpractice Defense Counsel John “Jack” L. Pinnix (DL), AILA Past President, Raleigh, NC; Robert E. Juceam, AILA Past President, New York, NY; Edwin R. Rubin, AILA Past President, Newark, NJ
TRACK V – SMALL INTERACTIVE WORKSHOPS
This interactive session will address how to complete Form I-129, petition for nonimmigrant worker, and will review what documents should be included depending on the type of petition. Seats are limited to allow for more interaction so be sure to arrive early!
Line-by-Line Analysis of the I-129 and Supplements Supporting Documents for H, L, TN, and O Petitions Filing Fees and Filing Locations Initial Petition vs. Extension of Status – Documentation Required and When a Failure to Maintain Status Can Be Excused Jeffrey M. Crusha, (DL), New York, NY;
This fundamentals workshop will explain how to prepare and file an I-130 family-based petition. The panelists will review the form section-by-section and will discuss what documents should be included with the petition. Seats are limited to allow for more interaction so be sure to arrive early!
Analysis and Completion of the I-130 Form Appropriate Documentation to Establish the Family Relationship DNA Testing Evidentiary Support Where to File the I-130 Petition Your I-130 Is Approved – Now What? Automatic Revocation Heightened Burden of I-130 in Removal Proceedings Miko A. Tokuhama-Olsen (DL), San Diego, CA; Socheat Chea, AILA National Benefits Center Liaison Committee Chair, Duluth, GA; George Rodriguez, Dallas, TX; Myron R. Morales, Austin, TX
This interactive session will address how to complete the I-864 affidavit of support. Work through real-life scenarios and learn how to proceed when the primary sponsor’s income fails to meet the minimum poverty guidelines. Seats are limited to allow for more interaction so be sure to arrive early!
Completing the I-864 Form No Income? What Kind of Assets Will Suffice and How Do You Document? Evidence that Will Likely Be Rejected and Suggested Alternatives Self-Employed Sponsor Joint Sponsor When an Affidavit of Support Is Not Enough – Public Charge Issues I-134 vs. I-864 Wendy Castor Hess (DL), Jenkintown, PA; Charles A. Tievsky, Reston, VA; Vicki Yudenfriend, Tenafly NJ This interactive panel will discuss the main issues encountered when scheduling and preparing a client for a nonimmigrant visa consular interview, from booking the appointment to visa issuance. Seats are limited to allow for more interaction so be sure to arrive early!
Preparing the Documents and Your Client Don’t Forget the Family Managing Expectations The Interview Process Anticipating Issues Including SAOs, Waivers and Delays Dealing with Refusals Anastasia Tonello (DL), New York, NY & London, Great Britain; Bernard P. Wolfsdorf, AILA President, Santa Monica, CA; Roberto D. Caballero, Houston, TX; Edward McKeon, Minister Counselor for Consular Affairs, Foreign Service Officer, Department of State, American Embassy Mexico Using hypotheticals, this workshop will explain how to complete an I-601 waiver application and will discuss the necessary evidence for a successful waiver based on extreme hardship to a qualifying family member. Waivers of the 10-year bar and a criminal conviction will be covered, as well as the procedure for filing in the United States and at a U.S. consulate abroad. Seats are limited to allow for more interaction so be sure to arrive early!
Anchor Relatives – What Family Members Qualify for the Different Waivers? Burden of Proof Type of Evidence Needed – How “Extreme” Is Extreme Hardship? Who Makes the Decision? Practical Tips Kelli Jo Stump (DL), Oklahoma City, OK; Kerry E. Doyle, Boston, MA; Raquel E. Hecht, Eugene, OR; Philip Hornik, Portland, OR; Joanna Reppel, Chief, International Operations Division, USCIS, Washington, DC This intermediate workshop will address the potential problems associated with how DHS prepares and serves the Notice to Appear (NTA) and ways to challenge the NTA in immigration court. Seats are limited to allow for more interaction so be sure to arrive early!
Who Can Issue the Notice to Appear? What Is Proper Service and How Has that Changed Since 1997? Service under Matter of G-Y-R- Strategic Reasons to Challenge Service, Issuance or Legal Sufficiency of the NTA Determining the Sufficiency of the Allegations, Charges and Evidence Burdens of Proof for §237 Removal Cases and §212 Inadmissibility Cases What Are the Remedies for a Deficient Notice to Appear? Melissa Frisk (DL), Washington, DC; Brian K. Bates, AILA Board of Governors, Houston, TX; Royal F. Berg, Chicago, IL; TRACK VI – GOVERNMENT OPEN FORUMS Palma Yanni (DL), AILA DOS Liaison Committee Chair/AILA Past President, Washington, DC; Jerome G. Grzeca, AILA DOS Liaison Committee Vice-Chair, AILA Board of Governors, Milwaukee, WI; Jeffrey Gorsky, Chief, Advisory Opinions Division, Department of State, Visa Office, Washington, DC; Marcia Pryce, Waiver Review Division, Department of State, Visa Office, Washington, DC; Edward McKeon, Minister Counselor for Consular Affairs, Foreign Service Officer, Department of State, American Embassy Mexico Amy L. Peck, AILA EOIR Liaison Committee Chair, Omaha, NE; Maria T. Baldini-Potermin, AILA EOIR Liaison Committee Vice-Chair, Chicago, IL; David L. Neal, Acting Chairman, Board of Immigration Appeals, EOIR, Falls Church, VA; Brian M. O’Leary, Chief Immigration Judge, EOIR, Falls Church, VA; Thomas G. Snow, Acting Director, EOIR, Falls Church, VA; Robin M. Stutman, General Counsel, EOIR, Falls Church, VA; MaryBeth Keller, Assistant Chief Immigration Judge, EOIR, Falls Church, VA; Michael J. Creppy, Chief Administrative Hearing Officer, EOIR, Falls Church, VA Cheryl David (DL), AILA ICE Liaison Committee Chair/AILA Board of Governors, New York, NY; Howard Silverman, AILA ICE Liaison Committee Vice-Chair, Boston, MA; Susan M. Cullen, Director, Office of Policy, ICE, DHS, Washington, DC; Phyllis Coven, Acting Director, Office of Detention Policy and Planning, ICE, Washington, DC; Peter S. Vincent, Principal Legal Advisor, ICE, Washington, DC 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, Associate Director, Service Center Operations Directorate, USCIS, DHS, Washington, DC; Roxana Bacon, Chief Counsel, USCIS, DHS, Washington, DC; Debra A. Rogers, Associate Director, Field Operations Directorate, USCIS, DHS, Washington, DC; *Donald Crocetti, Chief, Fraud Detection and National Security Office, USCIS Washington, DC; *Perry Rhew, Chief, Administrative Appeals Office, USCIS, DHS, Washington, DC; *Lori Scialabba, Associate Director, Refugee, Asylum and International Operations Directorate, USCIS, DHS, Washington, DC Robert P. Deasy (DL), AILA Director of Liaison and Information, Washington, DC; Robert C. Divine, AILA Inter-Agency Liaison Committee Chair, Chattanooga, TN; *Esther M. Olavarria, Deputy Assistant Secretary for Policy, DHS, Washington, DC; *David A. Martin, Principal Deputy General Counsel, DHS, Washington, DC
PRACTICE ROUNDTABLES (Morning)
As ICE enforcement efforts continue, a claim to U.S. citizenship may be the answer to your client’s prayers. This panel will provide the details of filing for a certificate of citizenship and strategies for proving your client is a U.S. citizen when he or she didn’t even know it.
How to Determine if Your Client Is a U.S. Citizen Evidence and Burden of Proof – Birth Records/Registrations of Birth U.S. Midwife Birth Records vs. Foreign Birth Records What if the Child Is Born Out-of-Wedlock? Filing Procedures for a Certificate of Citizenship Applying for U.S. Passport Stephanie Theresa DiPietro (DL), New York, NY; Robert A. Mautino, AILA Board of Governors, San Diego, CA; Lisa S. Brodyaga, San Benito, TX; Heather Barbus, Chicago, IL CD #120 What are CSS and LULAC? Is it really true that everyone who is eligible for NACARA has already applied? Is everyone with an April 30, 2001 priority date §245(i) eligible? This panel will discuss immigration laws and benefits which, while no longer on the books (or at least no longer common), may still hold tremendous importance for our clients.
NACARA and ABC Class Members CSS/LULAC SAW NSEERS Special Registration TPS Late Initial Registration §245(i) Registry Iris Gomez (DL), Boston, MA; Denyse Sabagh, AILA Past President, Washington, DC; Robert Frank, Newark, NJ CD #121 This session will feature experts from the Fundamentals, Business, Family, Due Process/Enforcement/Asylum and Law Practice Success community. Grab your breakfast and come to this room to get the answers for your toughest practice questions!
Fundamentals: Bernadette McGuire, AILA Colorado Chapter Chair, Lakewood, CO Business: Dinesh P. Shenoy, Minneapolis, MN Family: Nancy Ann Fellom, San Francisco, CA Due Process/Enforcement/Asylum: Linda A. Cristello, Boston, MA Law Practice Success: Reid Trautz, Director, AILA Practice & Professionalism Center, Washington, DC; Jim Calloway, Director, Management Assistance Program, Oklahoma Bar Association, Oklahoma City, OK CD #122 This fundamentals panel will teach the nuts and bolts of how to file an application for permanent residence at a U.S. consulate abroad for a foreign national who is not eligible or does not wish to apply for adjustment of status.
Nuts and Bolts of Consular Processing What Should the Client Bring and What Kind of Questions Will Be Asked? Filing Considerations – How to Get an Approved Petition to a Consulate National Visa Center Waivers – How to File and How Long Will It Take? Entering the U.S. After Approval – The Immigrant Visa Lisa E. Battan (DL), Boulder, CO; George N. Miller, Charlotte, NC; Donald L. Mooers, Bethesda, MD; Nita Nicole Upadhye, London, Great Britain CD #123 This is an advanced panel for the experienced federal litigator. The panel will address effective brief writing and strategic tips for keeping current on the law. It will also discuss how to prepare and present an effective oral argument. Finally, the panel will discuss alternative settlements such as staying a briefing schedule to pursue a joint motion to reopen, or a motion to reopen with the BIA.
Effective and Persuasive Brief Writing Strategic Legal Research – Keeping Abreast of the Most Current Case Law Preparing a Slam-Dunk Oral Argument Alternative Dispositions H. Raymond Fasano (DL), New York, NY; Ira J. Kurzban, AILA Past President, Miami, FL; Jessica Boell, Portland, OR CD #124 This panel will provide an advanced-level review of current trends and policy considerations in Wage and Hour Division investigations related to H-1B LCA obligations. Speakers will analyze recent court decisions, as well as agency investigative tactics. As the current administration increases investigations of employers at all levels, including contact with companies and employees without involvement of counsel, it is essential that attorneys understand and proactively advise their clients who utilize the H-1B program.
Increasing Scrutiny and Traps for the Unwary Trends in WHD Investigations – Impact of the Economy and Current Administration Techniques Used and Sanctions Imposed Recent ALJ and ARB Decisions What to Expect Going Forward Eileen M.G. Scofield (DL), Atlanta, GA; Bonnie K. Gibson, Phoenix, AZ; Robert S. White, Schaumburg, IL CD #125 At a time when enforcement actions and audits from USCIS, DOL and ICE are at record numbers, it is more important than ever that corporate clients establish internal policies and ensure that their files and employee paperwork are complete and in compliance with federal requirements. This session will help practitioners assess a corporate client’s internal immigration issues and help them create policies and processes to address the same and related matters.
Assessing a Corporation’s Immigration Processes and Policies – Hiring of Foreign Nationals, Outsourcing, SSA Issues, Discrimination Issues, LPR Sponsorship, HR Internal Training and Compliance RIFs and Reorganizations FMLA and Acceptable Leave for Immigration Purposes PERM/LPR Sponsorship Policies Carla Tarazi (DL), San Francisco, CA; Mareza I. Estevez, Teaneck, NJ; Angelo A. Paparelli, Irvine, CA CD #126 This roundtable will provide an opportunity to “take a pulse” on waiver processing, and will offer strategies and tips at select consular posts around the world. Veteran consular processing experts will share anecdotes and practice tips for consular-specific waiver processing.
Approval Rates at Consular Posts – Where Are Waivers Approved? Where Are Waivers Denied? What Level of Attorney Communication Is Available at Posts Throughout the World? What Level and Type of Documentation Is Helpful or Required at Various Posts? Do Clients Have to Show Rehabilitation? If So, How Much, How Long? Andrew Stevenson (DL), Santa Monica, CA; Maria L. Celebi, AILA Rome District Chapter Chair, Istanbul, Turkey; Kehrela Hodkinson, London, Great Britain
FUNDAMENTALS TRACK
This panel will address the basic definitions of “admission” and “arriving aliens” and the differences between the grounds of inadmissibility and of removability. The panel will also discuss ethical considerations, including the duty of candor.
Who Is Arriving and Who Is Admitted? Definitions of “Arriving Alien” and “Admission” Removable and Deportable – Is There a Difference? When Is a Non-Citizen Subject to Grounds of Inadmissibility (INA §212) vs. Grounds of Removal (INA §237)? Differences and Similarities between the Grounds of Inadmissibility and Grounds of Removal – Why Does It Matter? Entry, Admission, and Exceptions – US-VISIT and WHTI Ethical Considerations – Duty of Candor Laura Lichter (DL), AILA Second Vice President, Denver, CO; Mary Kenney, American Immigration Council Senior Staff Attorney, Washington, DC; Michele M. Vakili, Boston, MA
This panel will provide an overview of strategies for admission and relief from removal for nonimmigrants, immigrants, refugees and asylees. The panelists will introduce issues involving burden of proof, applications for admission, right to a hearing and affirmative and defensive applications for relief.
Admission Issues When Is There a Right to a Hearing in Immigration Court? Burden of Proof – On the Government or the Applicant/Respondent? Waivers under INA §212 for Nonimmigrants and Immigrants Overview of Forms of Relief in Removal Proceedings Ethical Considerations Magali S. Candler (DL), Houston, TX; Matthew J. Maiona, Boston, MA; Mark A. Davis, Pasadena, CA; Donald Madeo, New York, NY This panel will provide a practical overview of the fundamentals of preparing and filing an N-400 application for naturalization including eligibility, required documentation, and representing the client at the naturalization interview.
Duration of Permanent Residency and Physical Presence Filing Based on Marriage to a U.S. Citizen Good Moral Character English Language Requirements and the New Civics Test Tips and Pointers on Completing the N-400 Application Naturalization Interviews – What to Bring and What to Expect John J. Gallini (DL), Waltham, MA; Daniel P. Joyce, AILA Upstate New York Chapter Chair, Buffalo, NY; A. Michelle Gutierrez, Indianapolis, IN; This panel will provide new practitioners with the fundamental skill set necessary to prepare a successful asylum claim as either an affirmative form of relief or as a defensive tactic.
Define Asylum Criteria – Legal Requirements General Policies and Procedures Documenting Your Claim Use of Expert Witnesses Victoria Neilson (DL), New York, NY; Robert Bradford Jobe, San Francisco, CA; Nancy Kelly, Boston, MA
BROWN BAG LUNCH SESSIONS
This panel will examine ways to recognize a child as a citizen under the law, in the context of the Hague Convention on Adoption and assisted reproduction. Bring your difficult questions for answers from the experts.
Distinction of Citizenship by Birth or Operation of Law Citizenship and Step-Parents Citizenship in the Context of Adoption Citizenship in the Context of Assisted Reproduction Karen Stoutamyer Law (DL), Ashburn, VA; Irene A. Steffas, Marietta, GA; Derek W. Strain, Chicago, IL; Carine L. Rosalia, Attorney Advisor, Office of Policy Review and Interagency Liaison, Department of State, Washington, DC This fundamentals panel will review the definition of “conviction” for immigration purposes and the criminal grounds of inadmissibility and deportability. The panel also will discuss methods and practice tips for challenging allegations of criminal inadmissibility or deportability.
Addressing Potential Criminal Issues in EVERY Case – Effective Intake and Consultation Procedures Specific Grounds – Crimes Involving Moral Turpitude, Multiple Offenses, Aggravated Felonies, Controlled Substance Offenses, Drug Abuse, Domestic Violence, Firearms, Prostitution and Commercialized Vice Clients Who Forget to Remember – Should You Request an FBI Report? Obtaining the Criminal Record and Determining whether a “Conviction” Exists Ethical Considerations and Duty to Disclose Scott D. Pollock (DL), Chicago, IL; Jeremy L. McKinney, AILA Carolinas Chapter Chair, Greensboro, NC; Nancy A. Falgout, Houston, TX; Michael D. Greenberg, Boston, MA Given the long wait for immigrant visas in all family and some employment-based preference categories, finding ways that your client can retain an old priority date may greatly accelerate their case. This panel will look at strategies involving non-CSPA priority date retention.
Western Hemisphere Priority Dates – The Progeny of the Silva Case Which Agency Determines the Priority Date? Cross-Chargeability Following to Join vs. Accompanying §245(i) Grandfathering Loss of Priority Date and Strategies James W. Austin (DL), Kansas City, MO; Robert D. Ahlgren, Chicago, IL; Mark Egan, Mesa, AZ; Timothy M. Wheelwright, Salt Lake City, UT Nonimmigrant visas for professional athletes require the preparation of a winning petition at the outset in order to score an outstanding line-up for the home team. This panel will provide the attorney with best practice pointers for a successful petition.
Does Your Client Qualify for a P-1? How About an O-1? What Are the H-2B Options for Athletes? How Do Second-Tier Players Line Up? Documenting Your Case Do Coaches and Trainers Qualify? Steven M. Ladik (DL), AILA Past President, Dallas, TX; Tarik H. Sultan, Tucson, AZ; Laurie L. Volk, Berryville, VA Now that the harsh anti-immigrant law in Arizona has passed, this workshop, presented by the Immigration Policy Center, explores the ramifications of the Arizona law for other states and what immigration lawyers can do to stop bad legislation and promote good laws.
The Latest with Arizona Legislation and Litigation What are Other States are Planning? What Can Immigration Lawyers do to Prevent Arizona Type Laws in Other States? Mary Giovagnoli (DL), IPC Director, Washington, DC; Maurice H. Goldman, Tucson, AZ; Suman Raghunathan, Immigration Policy Specialist, Progressive States Network, New York, NY Speakers will discuss various ways to ameliorate the immigration consequences of convictions after those convictions have already entered by seeking various types of post-conviction relief in the criminal courts. This panel is for the immigration attorney interested in doing post-conviction criminal work or the immigration attorney who wants to partner with a criminal attorney to effectively draft post-conviction motions and orders.
Vacating or Withdrawing Prior Convictions; Compliance with Matter of Pickering Seeking Reductions in Sentence or Change in Conditions or Severity of Sentence; Matter of Cota-Vargas Re-defining Prior Convictions by Motions for Clarification of Orders, Writs of Habeas Corpus, and Other Post-Conviction Writs Defining and Describing Post-Conviction Processes Karl William Krooth (DL), San Francisco, CA; Maria E. Andrade, Boise, ID; Norton Tooby, Oakland, CA Immigrant workers are disproportionately represented in dangerous industries such as construction, meatpacking, and poultry processing, and their rights are often violated. This workshop will present various litigation options and advocacy strategies to protect all workers from exploitation and discrimination, regardless of their immigration status.
Advocating for Workers’ Rights Overview of Wage and Hour Laws Employee Protections Against Unfair Immigration-Related Employment Practices Tax Treatment of Undocumented Immigrants Legislative Priorities Impact of State Legislation in the Immigration Arena Patricia L. Medige (DL), Denver, CO; Ana Avendaño, Washington, DC; Rachel Micah-Jones, Miami, FL; *Melissa Crow, Office of Policy, DHS, Washington, DC This lunch session will introduce the “alphabet soup” of inspection and discuss the computerized systems used to determine if a non-citizen is subject to inadmissibility at land, sea and air ports of entry. Panelists will address how you can determine if your client is on such a list and ways to challenge computerized records.
The Chameleon DHS Systems ENFORCE/IDENT, US-VISIT, IAFIS, APIS IBIS, CLASS, TECS II, NAILS, DACS, NIIS, RAPS, TIPOFF, ADIS Who Has Access? – Civil Liberties Implications? Tips for Challenging Information in These Systems Remedies – How Do You Get Your Client Off These Lists? Gregory A. Wald (DL), San Francisco, CA; Yeu S. Hong, Los Angeles, CA; Dan R. Larsson, Bend, OR
TRACK I – BUSINESS
This panel will address the anatomy of an I-9 audit from start to finish, as well as the ancillary issues and other investigations that can arise from an I-9 audit. The panel will also cover current trends and enforcement strategies including potential audit triggers.
Key Considerations for Conducting an I-9 Self-Audit How to Reduce Potential Civil and Criminal Liability What to Do When the Government Shows Up at Your Client’s Door A Step-by-Step Analysis Following Service of the Notice of Inspection Workers’ Rights Discrimination Liability Will This Audit Trigger Other Audits? Employment Issues to Consider – EEOC, FMLA, Military Caregiver Leave Policy, FLSA, ADA Lisa Spiegel (DL), San Francisco, CA; Charles H. Kuck, AILA Immediate Past President, Atlanta, GA; 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 This session moves beyond the basic overview of AC21 and provides an opportunity to get answers from the experts on your most pressing AC21 questions. The panelists will also cover new developments in AC21 law, explain how to deal with the uncertainty of an extended permanent residence process, and provide suggestions for the many areas left uncovered by official guidance.
Review of AC21 Guidance and What Has Changed Over the Years Application of AC21 in Nonimmigrant Cases Impact of Changing Positions for Green Card Sponsorship What to Do When the I-140 Is Denied and Impact on H-1Bs and Permanent Portability Impact of Company Changes Whether to Maintain the Underlying NIV Status Bennett Savitz (DL), Boston, MA; Eleanor Pelta, AILA First Vice President, Washington, DC; Nathan A. Waxman, New York, NY With the extra scrutiny of L-1 petitions by USCIS, and the lengthy time frames for review of E registration applications by U.S. consulates abroad (don’t hold your breath in London!), it is getting more difficult to move multinational employees. The choice can be a toss-up depending on the time frames, the client goals and the documents in hand. This panel will discuss how to analyze a client’s situation to determine whether L-1, E-1 or E-2 processing is the better option.
L-1 Petition – Can the Company withstand USCIS Scrutiny? E-1/E-2 Visa Registration – Is the Trade Real or Is the Investment Marginal, Only the Client Knows! L-1 Executive or Manager – Better Get It Right the First Time! Specialized Knowledge – Is It the Same for L and E Classification? The New Office for Ls and Es – What to Look for and How to Help the Client Set It Up from the Start Consular Review – Know the Post You Are Dealing with…Uniformity? What Uniformity?! Joanne Orizal (DL), New York, NY; Robert M. Foley, Seattle, WA; Monika V. Szabo, Toronto, ON, Canada; Barbara Wong, San Francisco, CA This panel is directed toward practitioners interested in learning more about the employment-based fifth preference immigrant visa category. Speakers will provide a thorough analysis of the EB-5 category and current processing trends.
Choosing between EB-5 and Other Options Choosing between Individual and Regional Center EB-5 Choosing a Regional Center Risks for the Regional Center Investor Issues and Problems in Removal of Conditions Dealing with Complex Source and Tracing of Funds Issues H. Ronald Klasko (DL), AILA Past President, Philadelphia, PA; Boyd F. Campbell, Montgomery, AL; Carolyn S. Lee, Ithaca, NY
TRACK II–FAMILY
This panel will cover advanced issues in citizenship and naturalization, including strategies on accelerating naturalization, preserving benefits and obtaining exemptions. Speakers will also examine advanced issues involving good moral character.
Who Knew? Obscure Ways Citizenship Is Acquired Accelerated Naturalization What Is an N-470 and How Does It Impact a Naturalization Application? How Good Does Moral Character Really Have to Be? Naturalization in Proceedings Preservation of Naturalization Benefits Margaret Deborah Stock (DL), Anchorage, AK; Kathrin S. Mautino, AILA ByLaws Committee Chair, San Diego, CA; Lisa E. Seifert, AILA Washington State Chapter Chair, Olympia, WA; Daniel M. Kowalski, Austin, TX The Child Status Protection Act has changed the definition of a “child” in the context of certain immigration benefits. This panel will discuss the CSPA, practical tips, and provide an update on the developing case law in this area.
What Is the CSPA and Who Is Covered? Am I Really 21 Years Old? Age Calculations Automatic Conversion Section 3 – Retention Argument when CSPA Age Is Still Over 21 BIA So Right in Matter of Garcia and So Wrong in Matter of Wang Current Federal Court Proceedings and Interpretations Carl M. Shusterman (DL), Los Angeles, CA; Wafa A. Abdin, Houston, TX; Scott Bratton, Cleveland, OH; Robert N. Gottfried, New York, NY This session will cover the basics of an affirmative VAWA case, from filing the I-360 petition to the final interview and beyond. The panel will also look at VAWA cancellation of removal, and the steps involved when applying for VAWA relief in the context of removal proceedings.
Types of VAWA Relief – Who Qualifies? Procedures for Preparing and Filing the I-360/I-485/I-765 Priority Date Issues for VAWA Beneficiaries Advantages and Disadvantages Between VAWA Cancellation and Affirmative VAWA Cases Common Issues Affecting Your VAWA Client in Removal Proceedings Lea M. Webb (DL), Cincinnati, OH; Leslie T. DiTrani, Cambridge, MA; Catherine Ward-Seitz, Oakland, CA This panel will address ways to identify victims of crime and human trafficking. The panel will also discuss systematic steps immigration attorneys should take to develop ongoing relationships and protocols with law enforcement, and coordinate comprehensive services so that crime and trafficking victims can escape exploitation and get on the path to a regularized immigration status.
Identifying Victims of Crime or Trafficking Creating Networks with Law Enforcement Agencies (LEA) that Deal with Victims of Crime or Trafficking Problems with Obtaining the LEA Certification and Who Can Sign the Certification Counseling and Other Services that T and U Visa Applicants and Recipients Can Receive Dealing with Inadmissibility Issues and Waivers U and T Visa Applicants in Removal Proceedings – Stays of Removal, Continuances, Administrative Closure or Termination Kavitha Sreeharsha (DL), Washington, DC; Angela Bortel, Minneapolis, MN; Sonia Parras Konrad, Des Moines, IA; Alyssa G. Simpson, San Rafael, CA
TRACK III – DUE PROCESS/ENFORCEMENT
This panel will review key issues that have been addressed by the Board of Immigration Appeals and federal immigration courts in the past year. Speakers will provide a survey of critical decisions and will present strategies for dealing with the decisions and litigation issues that remain unresolved.
Matter of Lozada, Matter of Compean, and the Right to Effective Assistance of Counsel In Removal Proceedings Circuit Court Jurisdiction Over Discretionary Decisions and Mixed Questions of Law and Fact Brand X Developments and Challenges Jurisdiction Over Reinstatement Decisions Other Hot and Current Topics Trina Realmuto (DL), Boston, MA; Lory Rosenberg, AILA Board of Governors, Darnestown, MD; Lucas Guttentag, San Francisco, CA; Nancy Morawetz, New York, NY The Obama administration presents an opportunity for further guidance and adjudication of many cases held in backlogs due to allegations of material support. This panel will address how the material support bar is applied in current practice, and how to argue for an exception or waiver.
Terrorism-Related Inadmissibility Grounds (TRIG) Strategic Challenges to the Terrorism Designation – What Is Material Support? What if Your Client Did Not Know that the Organization was “Terrorist?” How to Handle the TRIG Grounds in Affirmative Applications for Asylum and Adjustment How to Handle the TRIG Grounds in Removal Proceedings – Defensive Applications for Relief from Removal How to Seek an Individual Waiver How to Influence Discretionary Policy Thomas K. Ragland (DL), Washington, DC; David Garfield, Washington, DC; Anwen Hughes, New York, NY; Jedidah M. Hussey, Deputy Chief, Asylum Division, Office of Refugee, Asylum & International Operations, USCIS, Washington, DC An intermediate panel discussing various criminal grounds of inadmissibility and removal and the relief available to waive the criminal grounds. Speakers will discuss current case law on criminal waivers and will present strategies for using these waivers most effectively.
§212(h) Waivers for Crimes What Are the Types of §212(h) Waivers? When Do LPRs Qualify? §212(c) Dealing with Corollary Grounds of Removal – Blake and Brieva Readjustment of Status as a Strategy Cancellation of Removal for Lawful Permanent Residents §209(c) Waivers and Matter of Jean When Can You Seek a Conjunctive Waiver, Stand Alone Waiver or Nunc Pro Tunc Waiver? When Are You Prohibited? Ilyce Shugall (DL), San Francisco, CA; Vicky Dobrin, Seattle, WA; George A. Terezakis, Mineola, NY; Emily A. White, Aurora, CO An intermediate panel discussing various grounds of inadmissibility and the waivers available to overcome non-criminal grounds of inadmissibility. Speakers will review recent developments in case law surrounding the various waivers and strategic arguments that can be made to most effectively present waiver applications.
§212(i) Waivers for Fraud and Misrepresentation – What Is Fraud and What Is Misrepresentation? To Whom Must the Representation Be Made? §212(a)(9)(B) Waivers of Unlawful Presence – What Is the State of the Law? §212(a)(9)(C) Waivers of the Permanent Bar §237(a)(1)(H) Waivers §212(k) Waivers When Can You Seek a Conjunctive Waiver, Stand Alone Waiver or Nunc Pro Tunc Waiver? When Are You Prohibited? Olsi Vrapi (DL), Santa Fe, NM; Dagmar Butte, AILA Board of Governors, Portland, OR; Joseph Reina, Dallas, TX; David N. Simmons, Denver, CO TRACK IV - SMALL INTERACTIVE WORKSHOP/ASYLUM MINI An interactive workshop analyzing the “ins and outs” of completing labor condition applications (ETA-9035) and labor certification applications (ETA-9089) through iCERT. This will be a practical, how-to workshop taking you through the iCERT portal from beginning to end. Seats are limited to allow for more interaction so be sure to arrive early!
iCERT Advantages and Disadvantages iCERT Registration Useful Features and Problems Potential Abuses and Fraud Concerns Tips to Completing the ETA-9035 and ETA-9089 Correctly and Completely Turid L. Owren (DL), Portland, OR; Angelica Grado-Wright, Houston, TX; Grace Hoppin, San Francisco, CA; Pamela P. Mick, Chicago, IL This panel will provide an in-depth review and hands-on analysis of LCA requirements, explaining tips to ensure employer compliance and reviewing what actions should be taken if the government conducts an LCA investigation of your client. The panel will include a discussion of prevailing wages and safe harbor provisions. Seats are limited to allow for more interaction so be sure to arrive early!
Proactive LCA Procedures and Issues to Warn Clients Assessing the Prevailing Wage Reacting to the Audit Letter – Assessing the Exposure Dealing with the Investigator from Initial Meeting to Determination Challenging the Determination – Discovery and ALJ Hearing Administrative and Judicial Review Andrew L. Wizner (DL), Hartford, CT; William A. Stock, AILA Board of Governors, Philadelphia, PA; Avalyn Castillo Langemeier, Houston, TX; Christina LaBrie, New York, NY This panel will discuss strategies for persuading the USCIS adjudicator or the immigration judge that the harm your client suffered rises to the level of persecution either individually or in the aggregate. Space is limited so get there early to receive the answers to your most pressing questions!
What Types of General Harm Qualify as Persecution? Humanitarian Asylum When There Is No Fear of Future Persecution or Country Conditions Have Changed – Matter of Chen Effective Ways to Demonstrate Harm with or without an Expert How to Win When Your Client Has Suffered No Harm – Pattern and Practice Effective Use of Experts – Psychologists, Country Conditions and Medical Forensics David L. Cleveland (DL), Washington, DC; Helen A. Sklar, Los Angeles, CA; Mark R. von Sternberg, New York, NY; Mark Silver, New York, NY; Noël A. Brennan, Immigration Judge, New York City Immigration Court, New York, NY This advanced panel will address the challenges of defining a “particular social group” for asylum-based claims. Speakers will discuss the evolution of the social group designation and will brainstorm creative strategies for future advocacy. The panel will also survey recent developments in social group case law and discuss ways to use such cases to your advantage and distinguish contrary cases. Space is limited so get there early to receive the answers to your most pressing questions!
Female Genital Mutilation Cases Domestic Violence as a Social Group, What Is the Status of Matter of R-A-? Forced Marriage as a Social Group Can You Still Win a “Gang” Case after Matter of S-E-G-? Coercive Family Planning and Population Issues Criminal Informants Sexual Orientation and Other Sexual Minority Claims Regina Germain (DL), Denver, CO; Benjamin Casper, West Saint Paul, MN; Karen T. Grisez, Washington, DC; Ilana Etkin Greenstein, Boston, MA
TRACK V – MASTERS BUSINESS
Corporate changes have become increasingly frequent in today’s turbulent economy. Immigration lawyers are often advised of these changes after they have already been planned, or even worse, after they have already happened. The immigration lawyer is then left to pick up the pieces and scramble to assist foreign national employees to maintain their status and ensure cases will be approved after the fact. This masters panel is designed to provide advanced analysis and practical guidance relating to immigrant and nonimmigrant issues arising from corporate changes.
Types of Corporate Changes Affecting an Employer’s Liability Dealing with Downsizing, Layoffs, and Reductions in Force Corporate Wage Restructuring and the Impact on Prevailing Wage Issues Keeping the Employee Employed – Effect of Corporate Changes on H, L, Blanket L, and E Eligibility Keeping the Green Card Alive – Impact on Multinational Manager Petitions, Labor Certifications, Immigrant Petitions, and Adjustment of Status Applications Sarah Buffett (DL), Charlotte, NC; Brad Hendrick, Boulder, CO; Mary E. Pivec, Washington, DC; Peter T. Schiron, New York, NY This masters panel will address in detail, tactics for the successful preparation and filing of extraordinary ability, outstanding researcher/professor, and national interest waiver petitions. The panel will focus on practical tips for preparing the substance of the case as well as strategies to save time and money in documenting the case.
Is Client Really a Super Star: Preliminary Analysis of Case Under Current Interpretations Winnable Use of Expert Letters Is Kazarian Now the Standard for Publications? Anticipating and Responding to RFEs and NOIDs Trends at Service Centers and Using Them to Your Client’s Advantage Pursuing Multiple I-140s Strategically Counseling NIV Clients Amy R. Novick (DL), Washington, DC; Leslie K. Dellon, Rockville, MD; David A. M. Ware, Metairie, LA; Karen Koenig Winarsky, Atlanta, GA We have all received a decision that seems contrary to what is written in the relevant field manual. Agency field manuals and guidance not only help us understand the basics of agency interpretation, but when used properly can be of tremendous help when advocating for clients who have received an erroneous decision.
Challenging Abusive Agency Actions Weight Accorded to Field Manuals Insisting on Compliance with Government Manuals Items of Interest from the Various Manuals – USCIS, CBP, ICE Denise Hammond (DL), Rockville, MD; Marc Van Der Hout, AILA Board of Governors, San Francisco, CA; Diane M. Butler, Seattle, WA; Paul W. Virtue, Washington, DC This masters panel will highlight cutting edge issues in E-Verify monitoring and compliance, with a discussion of the advantages and disadvantages of the program, the potential for information sharing with other agencies, and the ever-expanding federal and state laws mandating the use of E-Verify. The panel will address the potential for government investigations and conflicting obligations for employers based on vague federal and state laws. The speakers will discuss the current hot topics in this area, including sophisticated treatment of the interpretation and application of the FAR E-Verify rule.
Advising Clients as to the Pros and Cons of E-Verify SSA and DHS Database Deficiencies Dealing with Tentative and Final Non-confirmations – Intersection with Employment Laws DHS Anti-discrimination Issues and Concerns FAR E-Verify Rule – Practical Application and Interpretations State Mandates – Keeping Track of the Current State of Affairs Information Sharing and Government Investigations Aimee Clark Todd (DL), Atlanta, GA; Eric S. Bord, Washington, DC; Marketa Lindt, Compliance Auditing Standards Task Force, Chicago, IL
