PRACTICE ROUNDTABLES (Evening)
CDs #1 and #2
Government Agencies and Finding the Law The Admissions Process Immigrant Visa Categories and the Visa Preference System Nonimmigrant Visa Categories Naturalization Fleeing Persecution: Refugees, Asylees and Others Grounds of Inadmissability and Removability, and Waivers and Relief Employer Sanctions Aimee Clark Todd, Alexis S. Axelrad, Randall Caudle, Andrew L. Wizner CDs #3 and #4
DOL Updates The Bermuda Triangle: Reconciling Conflicting Interests Among Attorney, Foreign National and Employer Picking Up the Tab: Who Can Pay for What? Can You Limit Representation? What Do You Say to Whom and When? Timothy G. Payne, George S. Newman, Punam Singh Rogers CD #5 and #6
The Good – Strategic Consideration in Choosing and Using K-3s (Advantages for Waivers, Avoiding the NVC, Faster than IV, Protecting “Age-Out” of Children) The Bad – Addressing the Adam Walsh Act; Applying for Adjustment After Entry The Ugly – Difficulties at Consulates; Proving Bona Fides The Really Ugly – My Client’s Petition Was Sent Back for Revocation; Now What? Jan H. Brown, Gloria A. Goldman, Scott D. Devore Reid Trautz, John L. Pinnix, Daniel C. Horne CD #9 and #10
Resources for Finding Experts, Including Legal Experts When to Use an Expert Rules of Evidence and How They Apply Qualifying an Expert and Working with Experts to Get What You Need Daubert Motions Expert Opinion Letters on Immigration Consequences Hope M. Frye, Carol L. Edward CD #11 and #12
Where to File a FOIA Request What to File Exemptions From Disclosure Under FOIA Expediting Requests Dealing With Delays T. Douglas Stump, Paul W. Virtue, Paul M. Morris
OPENING PLENARY SESSIONS
Denise C. Hammond, Bernard P. Wolfsdorf, Jeanne A. Butterfield, Crystal Williams, Marshall D. Fitz Charles H. Kuck, Robert P. Deasy, Michael Aytes, William Carlson, Paul M. Morris, Vincent “Vinny” Beirne, Patrick Shen, Dorothy Stefan
FUNDAMENTALS TRACK
Manner and Method of the Interview Clarifying the Attorney-Client Relationship Interviewing Clients in Dual Representation Situations Fees and Retainer Agreements Carl Falstrom, Susan Schreiber, Edward G. Shulman
Who Can a U.S. Citizen Sponsor? Who Can a Green Card Holder (LPR) Sponsor? Who Can Sponsor a Fiancé(e)? Conditional Permanent Resident Status Can the Child Still Immigrate Even if S/he Turned 21? What is the V Visa? What is the K-3 Visa? Can You Sponsor a Relative Who Has Been Living in the U.S. Illegally? Susan R. Fortino-Brown, Joseph B. DeMott, Gali Schaham Gordon Gregory H. Siskind, Cynthia Juarez Lange, Paul McLaughlin
Refugee Claims at the Border and the U.S. – Canada Agreement Canada’s Point System for Employment-Based Immigration and NIVs Family-Based Immigration to Canada Joel S. Guberman, David H. Davis, Betsy R. Kane
Where Should the Client Apply? Learning About the Post Preparing the Client Communicating with the Consul Advisory Opinions Following Up, If Necessary Silvia Romo Graves, Allen E. Kaye, Howard Silverman
What Documents Do You Submit with an I-130? What Do You Do if a Document Is Unavailable? Where Do You File the I-130 Petition? What if Petitioner Lives Abroad? How Long Does the Process Take? James W. Austin, Charina Garcia, Yvan E. Murad
When Is an Affidavit of Support Needed? What Are Means-Tested Benefits? New Regulations and Forms What Qualifies as Income? Determining Family Size Supporting Documents and When USCIS May Require More Co-Sponsor – Who Qualifies; Supporting Documents; Advising the Co-sponsor; Household Members; Obligations and When They Terminate Wendy Hess, C. Lynn Calder, Patsy Yung Micale
The Immigrant Visa Preference System – Numerical Limits, Priority Dates, and Country of Chargeability How to Read the Visa Bulletin Nuts and Bolts of Adjustment of Status, Ancillary Benefits and Travel Restrictions Nuts and Bolts of Consular Processing Preserving Lawful Permanent Residence Maria I. Casablanca, Marcine Seid, Vincent W. Lau
TRACK I—BUSINESS
Qualifications for TN, H-1B, PERM and EB-2 or EB-3 Academic and Experiential Dealing with Changes in Corporate Personnel or Structure During and Post-PERM Filing Who Decides if Foreign National Has Met Job Requirements? Consular Review of USCIS Approvals What Documents Will CBP Accept? Data Sharing Eleanor Pelta, Ronald Y. Wada, Vincent “Vinny” Beirne, Kevin J. Cummings, John Klow, Elissa M. McGovern
Nuts and Bolts Response to SSA No-Match Letters Verification Programs (E-verify; SSNVS) and Privacy Act Implications Special Verification Issues – Non-Compliance Notices, Seasonal Workers, Departed Workers and Corrections With SSA Information Sharing Among Agencies Employer Issues: Discrimination, Wrongful Discharges, IMAGE and Immunization of Employers Employee Issues: Rights, Remedies and the Union Perspective Josie Gonzalez, Warren R. Leiden, Margaret Hu, Sonja Barnes, Chuck Liptz, Dorothy Stefan
TRACK II—FAMILY
A Rose of a Different Color – Living in Different Places; Differences in Age, Language; Marriage of Cousins; Under-Age Petitioner/Beneficiary; Multiple Prior Marriages Sniffing the Roses – Questions Asked in a Marriage Fraud Interview and Reasonable Parameters Damage Control – Role of Attorney When Petals Fall Apart Dual Representation – Sharing Information; Determining When Conflicts Arise; Extricating Yourself From Prickly Situations Preparing Clients for Interview – What to Bring; What to Expect; Tips to Avoid a Finding of Marriage Fraud Wild Roses – Collateral Issues; False Social Security Cards; Unlawful Employment; Unlawful Presence; False Claims to USC Jonathan S. Greene, Thipphavone P. Ark, Brent Renison
Rose Grafting – Where to Start; Appeal, Re-File I-130, or Both? Bury the Rose? Keeping the Adjustment Alive/Removal Proceedings Smells Like a Rose? Overcoming Misrepresentations in Marriage Fraud Interviews Rose Dust – Bona Fide Marriage, But Now Falling Apart – Remedies? Rose Pruning – Notices of Intent to Revoke Already Approved I-130: Strategies and Regulatory Compliance; Re-file or Respond? Cross Pollination – If Can’t Overcome Marriage Fraud Finding, What Can Beneficiary Do? David K. Link, Nancy T. Shivers, Angela J. Ferguson
TRACK III—DUE PROCESS/ENFORCEMENT
Overcoming §214(b) Expedited Removal Orders and Requests for Reconsideration Visa Waiver Program and Documentary Waivers Automatic Visa Revalidation – Does It Exist? Canadian and Mexican Border Issues Regarding Proof of Admission and Maintenance of Status Withdrawal of Application for Admission Before CBP and IJ, Deferred Inspection, and Parole Rehabilitating a Prior Refusal – What a Trip! Leslie A. Holman, Andres Benach, Reginald A. Pacis
Burden of Proof – Returning LPR/Others Controlled Substance Traffickers and the “Reason to Believe” Standard Controlled Substance and Alcohol Offenses The Categorical Approach and When It Should Still be Applied/Argued Alleged Misrepresentations, False Claims to U.S. Citizenship and I-9 Issues Unlawful Presence and Illegal Reentry – When Does §212(a)(9)(C) Really Apply? Challenges to Reinstatement of Prior Removal Orders Amy L. Peck, Maria E. Andrade, Stuart Folinsky, Linda Osberg-Braun
TRACK IV—MASTERS/BUSINESS
Meeting the Regulatory Standards Effective Documentation Straw into Gold – Can NIW Documentation Be Morphed Into Successful Supporting Evidence for an EB-1? Continuing in the Field of Expertise Multiple Filings – Cost Considerations and Strategic and Tactical Considerations of Interfiling NYSDOT Ten Years After – Does America's Declining Competitiveness and Infrastructure Change the Odds of NIW Success? Suzanne B. Seltzer, Rita Sostrin, Nathan A. Waxman
Filing for a Case Number No Objection, IGA, Hardship Persecution Pursuing More than One Waiver While the Waiver Is Pending (Travel/Status) What Happens After Waiver Approval? Jan Pederson, Michelle Funk, David A.M. Ware, Stanley Colvin TRACK V—GOVERNMENT OPEN FORUMS Nita J. Itchhaporia, Vic Goel, Michael Dougherty Fausta Maria Albi, Leslie A. Holman, Paul M. Morris, John Klow
PRACTICE ROUNDTABLES (Evening)
The Initial Visit Changes of Status to Various Nonimmigrant Categories The I-130 Spousal Petition Filing The PERM Filing The I-140 Employment-Based Petition Filing Applying for Adjustment, and Overcoming Grounds of Inadmissibility Applying for Naturalization Turid L. Owren, Linda Rose, Agata Gostynska Frakt, Kathrin S. Mautino CDs #36 and #37
Getting the Business Started – Permissible U.S. Activities Before E Acquired What is "Substantial" for Investment and Trade Purposes? Employee Issues – Proving the NIV Essential Employee and Alternative Approaches to Job Creation Proving Source of Funds for E-2 Complex Corporate Structure and Ownership Issues Dual Intent, Entry and Spousal Employment Issues Bernard P. Wolfsdorf, Henry J. Chang, Stephen Fischel, Matthew Cottrell, Jeffrey Gorsky, Charles J. Skuba CDs #38 and #39
What is CSPA? Who is Covered? Who is Not? Calculating the Formulas – IRs, Derivatives, Asylees and Others How Does it Work? Checklist of Issues and Hypotheticals Special Terms – Opting Out, Election, Frozen Age, CSPA Age, Visa Availability and “Seeking to Acquire” Developments in Case Law – BIA, AAO and Federal Court Decisions Effect of Premium Processing on CSPA Determinations, Retrogression of Visas and Other Problem Areas Carl Shusterman, Ari J. Sauer, Rachel S. Ullman CDs #40 and #41
Time Frames for Filing Motions to Reopen with USCIS Filing the Notice of Appeal with USCIS Standard of Review by AAO Supplementing the Appeal Record Before AAO Exhaustion of Administrative Remedies Appeals to the Federal District Court Through Litigation Nancy B. Elkind, Robert Pauw, Robert Wiemann CDs #42 and #43
The Latest on Aggravated Felonies, Motions to Reopen, Asylum, and Jurisdiction, Including Discretionary Decisions vs. Legal Issues Motions to Remand by Office of Immigration Litigation and Considerations for Opposing a Remand to the BIA U.S. Supreme Court Update District Court Litigation: Highlights of APA Decisions and Major Litigation Fallout from Brand X Motions for Transfer to Federal District Court for Discovery Stacy Tolchin, Vikram K. Badrinath, Mary Kenney, Beth Werlin CDs #44 and #45
Extending H or Ls, Though Applicant Entered in Parole Status H-4 and L-2 Ability to Work With/Without EAD, and Need for Advance Parole CSPA - Different Interpretations of Freezing Age and Shifting Priority Dates Complicated Portability Issues Monitoring the Travel of Your Adjustment Applicant When Should You Consular Process? H. Ronald Klasko, Denyse Sabagh, Tammy Fox-Isicoff
MORNING PRACTICE ROUNDTABLES
What is Dual Intent in the O, E, TN, R, I, J Contexts? What is Dual Intent for a Student in Light of FAM Notes? Strategies for Overcoming Dual Intent Before USCIS, at a Port of Entry, or at a Consulate What Does Intent Mean in the §214(b) Context? The 30/60 Day Rule – Is There a Time Limit on Intention? Marketa Lindt, Dagmar Butte, Romulo E. Guevara CD #47
When Shouldn’t You Apply? Out of Status vs. Unlawful Presence – Has There Been a Finding/Permanent Bars? How to Advise Out-of-Status Clients When Does §222(g) Kick In? DUIs and Other Pitfalls Advisory Opinions – When to Go Higher Marriage and K Visas and the Skeptical Consulate Edward Rios, Yeu S. Hong, Gregg Rodgers, Matthew Cottrell, Warren Janssen CD #48
Defining Gang Member – Gang Members as Victims and Juvenile Victims of Gang Violence Juvenile Records – Effect on Adjustment and Other Benefits Special Juveniles Unlawful Presence – 180-Day Grace Period After 18th Birthday Detention Issues International Adoption After Implementation of the Hague Convention Kari E. Hong, Hilary A. Han, Deborah Lee, Ranjit Malhotra CD #49
Who Is Subject to Expedited Removal and Who Is Not? Visa Waiver Program Proving Credible Fear/Reasonable Fear Before the Asylum Office The Interview Process Appeals and Motions to Reconsider Use of Airport/Border and Credible Fear Statements in Asylum-Only, Withholding-Only, and CAT-Only Proceedings Before the Immigration Court Documenting Abuses in the Expedited Removal Process David C. Koelsch, Michael B. Berger, Mark Hetfield CD #50
What you need to know about SEVIS and SEVP OPT, CPT, Academic Training, & On-Campus Employment Maintaining and Reinstating Student Status Best Practices for Travel and Avoiding I-515A Issues Planning for the Post-Student Years Elizabeth A. Goss, Parker Emerson
CD #51
Trends in Crime Victim Claims (U) How to Apply for a U Visa Under the New Regulations and Update on Legal Challenges to the Regulations Pitfalls to Avoid in Making a U Application Trends in Human Trafficking Victim Claims (T) Recent Statistics on T Visa Allocation and Usage Pitfalls to Avoid in Making a T Application How to Work with Law Enforcement to Apply for an S Visa How to Seek Relief if Removal Proceedings Are Pending or There is a Final Order of Removal Gail Pendleton, Bill Kent Felty, Lea Webb, Ye-Ting Woo
FUNDAMENTALS TRACK
B-1/B-2 Temporary Visitors – Visa Waiver and Border Crossing Cards F-1/M-1 Academic/Vocational Students and Visa Waiver K-1/K-3 Fiancé(e)/Spouses of U.S. Citizens Diplomats and International Organization Employees S/T/Informants/Victims of Crimes Judy J. Lee, Giselle Carson, Matthew I. Hirsch CD #53
H-1B Professionals – Eligibility; LCA; Prevailing Wage Requirement; Credentials Evaluations; Industry Standards; Portability; Effect of Cap; Chile/Singapore L-1A/L-1B Intracompany Managers and Executives/Specialized Knowledge Professionals O & P Extraordinary Ability Individuals/Performers and Athletes R-1 Religious Workers TN Canadian/Mexican Professionals H-2A/H-2B/H-3 Nonprofessionals/Trainees E-1/E-2 Traders, Investors and Essential Employees J-1/Q-1 Exchange Visitors Spouse/Child/Domestic Partner Considerations Donald J. Wolfson, Eli Maroko, Allen Orr CD #54
Proving Extraordinary Ability Issues with College, University or Research Institutions and Outstanding Researchers Multinational Managers or Executives Exceptional Ability – What Is It? Where Is It Defined and How Can This Standard Be Met? Advanced Degree Holders – Defining Advanced Degree and the Importance for Certain Nationals National Interest Waivers Professionals Skilled and Unskilled Workers – What is the Distinction? Corresponding Visa Categories Religious Workers Investors Gayle Oshrin, Charles R. Baesler, Jr., Sarah Buffett, Tarik H. Sultan CD #55
Definitions of Admission and Arriving Aliens Differences Between Inadmissibility and Deportability Grounds of Inadmissibility (INA §212(a)) Grounds of Removability (INA §237(a)) Entry/Admission/Exceptions—U.S. VISIT and WHTI Ethical Considerations—Duty of Candor Richard A. Boswell, Robert D. Kolken, John Patrick Pratt CD #56
Review Potential Criminal Issues in EVERY Case – Effective Intake and Consultation Procedures Obtaining the Criminal Record and Determining a “Conviction” for Immigration Purposes Does the Categorical Approach Apply? Crimes Involving Moral Turpitude, Multiple Offenses of Inadmissibility, Aggravated Felony, Controlled Substance Offense, Drug Abuse, Domestic Violence Offense, Prostitution, Firearms Offense, or Commercialized Vice Ethical Considerations and Duty to Disclose Manuel D. Vargas, Suzannah K. Maclay, Monica Modi-Khant CD #57
Admission Issues and Strategies to Avoid an Expedited Removal Order—Deferred Inspection, Withdrawal of Admission Application, Waiver of Visa, Requests for Reconsideration of Expedited Removal Orders by CBP Burden of Proof: DHS or the Non-Citizen? Waivers Under INA §212 for Non-Immigrants Brief Overview of Forms of Relief in Removal Proceedings Ethical Considerations Brian K. Bates, Carolina Colin-Antonini, Bart Klein
TRACK I -- BUSINESS
The Law as Understood by CBP – Questioning Returning LPRs and CBP Authority Over LPRs Reclaiming Status After Involuntary Surrender of Green Card Documenting Intent – Matter of Huang and Reentry Permits Defending Against Abandonment in Removal Proceedings Naturalization Eligibility After Prolonged Absences Interrelation of Tax Filings With Abandonment When Is It Better to Abandon? Howard “Sam” Myers III, Gary E. Endelman, Cyrus D. Mehta, John Klow CD #59
The Art of Obtaining a Prevailing Wage Determination in H-1B and PERM Cases: Drafting the Request, Alternative Surveys and Challenging the Prevailing Wage Determination Reading and Understanding Tax Returns, Financial Statements and Annual Reports Overcoming a Loss on the Tax Return and Meeting the Net Assets Test Start-ups and Ability to Pay in H-1B and Immigrant Petitions Roberta Freedman, Elise A. Fialkowski, Stephen J. Navarre, Robert Alcorn CD #60
New Interim Regulations – Interns vs. Trainees New Training Program Eligibility Requirements Creating an Effective Training Program How to Find and Work with a Program Sponsor Consular Process or Change of Status? H-3 Training Program Standards Compared Laura A. Edgerton, Lois Magee, Amy M. Nice, Stanley Colvin Denise C. Hammond, George Tzamaras, Tim Vettel, Angelo Amador, Linda Rozett CD #63
Tips for Qualifying as a Management Consultant, Scientific Technician or Technologist, or Systems Analyst When Is a Degree in a Related Field Acceptable? TN Status and Nonimmigrant Intent: Is There an Upper Limit on Years in TN Status? Where Should You Apply? What To Do When an Application is Denied? When the Regulations and Agency Guidance Can Help Heather N. Segal, William Z. Reich, Alan G. Anderson CDx #64A and #64B
State-Level Regulation of Immigrant Employment Local Regulations – Zoning Business Licensing, Local Contracting and Other Restrictions Law Enforcement: 287(g) Agreements Versus Community Policing Challenging Local Regulations – Federal Preemption and Its Limits Feel Safer Yet? Driver Licensing, Government IDs and the REAL ID Act Kathleen C. Walker, William A. Stock, Joan Friedland
TRACK II -- FAMILY
Background on Hague Implementation in the U.S. Current Intercountry Adoption Practice and Procedure Changes in Procedure for Hague Cases Attorney Approval/Hague Accreditation Outgoing Cases – Procedures When U.S. Child is Going to be Adopted by a Family in Another Convention Country Carine L. Rosalia-Marion, Cynthia B. Hemphill, Karen S. Law, Edward A. Betancourt CD #66
Who Benefits from the Child Citizenship Act? The Law and Its Relevant Predecessors Issues for Adoptions Including Hague Convention Implications Non-Traditional Families –Step-Parents, Legitimation, Separated or Divorced Parents, and Custody Issues Orphans Mary L. Mucha, Grace R. Kennedy, Edward A. Betancourt, Michael Valverde CD #67
Before You File – Is Client Already a U.S. Citizen? Researching Derivative Citizenship and Proving Physical Presence of Parents/Grandparents Complex Issues of Good Moral Character – Child Support, Bankruptcy, Criminal Issues, Taxes Stalled Cases – Security Clearances and Mandamus Denials – Is There a Good Appeal? Could my Client Be Deported? Unusual Cases – Military Personnel; Extraordinary Contributions to National Security; Naturalization for Those Employed Abroad; Traveling Religious Workers, etc. Margaret D. Stock, Robert A. Mautino, Joel H. Paget, John Miles CD #68
The Defense of Marriage Act and Its Impact on Immigration Family-Based and Employment-Based Options Nonimmigrant Visa Options and Dual Intent B Visas – Conflict Between DOS and DHS Difficult Family Petitions that Arise When Same-Sex Marriage Is Not Recognized Transsexual Spouses and Immigration The Uniting American Families Act Options Abroad Noemi E. Masliah, Sharon Dulberg, Christopher Nugent CD #69
Where and When to File Communicable Diseases and Vaccinations Preparing an HIV/AIDS Waiver HIV/AIDS Waiver Where No Qualifying Family Member (Same-Sex Partner) HIV Waiver for Asylum Applicants HIV Waivers for Non-immigrants Types of Evidence Required in Different Contexts/Different Agencies Attorney’s Duty to Disclose – Where Does it End? Ally Bolour, Sana Loue, Paul O’Dwyer, Andrew Stevenson CD #70
New Guidance/New Decisions Changing Waiver Category/Multiple Categories or from Joint to Waiver? Dependents – When Included and When to File Separately Can You File Multiple I-751s? Getting Beyond the Mailroom Déjà Vu All Over Again – When Should you Re-file I-751? File New Adjustment? The Overseas Applicant – How, When and Where to File Hardship vs. Bona Fide vs. Extreme Cruelty vs. Good Faith I-751 Waivers in Proceedings and Appeal Issues Karen R. Seiden, Parastoo G. Zahedi, Paul Soreff
TRACK III -- DUE PROCESS/ENFORCEMENT
Non-Criminal Grounds of Deportability Drug Crimes, Drug Trafficking, and Post-Lopez Issues Crimes Involving Moral Turpitude – Date Of Admission Issues Aggravated Felonies and the Categorical Approach Firearms, Antique Firearm, and Firecrackers Domestic Violence-Related Offenses and Orders of Protection The Shifting Burden of Proof – DHS vs. Non-Citizen George A. Terezakis, Mary E. Kramer, Lory D. Rosenberg CD #72
§212 Nonimmigrant Waivers §212(h) Waivers §212(i), 237(a)(1)(H), and 212(k) Waivers – When and How To Use Them §212(c): Trial vs. Guilty Pleas, Matter of Blake Issues, Circuit Splits, and Preserving Arguments For Judicial Review §212(a)(9): Unlawful Presence and Prior Removal Orders §209(c) – Refugee and Asylee Waiver §240A(a) – LPR Cancellation of Removal Mark M. Nesbit, Susan Compernolle, Miko Tokuhama-Olsen CD #73
Non-LPR Cancellation – Stop Time and Hardship Issues LPR Cancellation – Stop Time, Burden of Proof, Aggravated Felonies, and Continuous Residence Issues NACARA – Criminal and Other Statutory Bars, Physical Presence and Date of Filing Issues, and Derivative Beneficiaries Special Issues in Adjustment Of Status Advanced Topics in Voluntary Departure – Does Your Client Really Want it or Need It? Ron Russell, Mary Holper, Mark Silverman CD #74
The Basics – Parties, Jurisdiction, Venue, Procedure Exhaustion of Administrative Remedies—formal and informal Preliminaries – Researching the Law, Client Considerations, Evaluating the Case, getting to know your opponent. Liaison strategies to avoid litigation and still get what you want Nuts and Bolts of Mandamus Actions, Declaratory Judgment and Other Claims You’ve Filed the Complaint – What Now? David Leopold, Ellen Gallagher, Esther Olavarria CD #75
Challenging Delays in Applications for Naturalization, NIVs, EB-5s, I-130s, FOIA, and Adjustment Filing Petitions for Writs of Habeas Corpus Regarding Custody Challenging Security Check Delays Strategies to Avoid Dismissal on REAL ID Act Grounds Recovering Attorneys Fees and Costs and EAJA Fees Deciding Whether to Appeal to the Circuit Court of Appeals. Robert H. Gibbs, Lisa S. Brodyaga, Philip Smith
TRACK IV -- MASTERS/BUSINESS
Specialty Occupation Defined and the Art of the Supporting Letter Resources to Support Your Case – OOH, O*NET, Online References What to Submit and What to Hold Back – Discretion is Sometimes the Better Part of Valor Reading Between the Lines of the RFE/NOID When the RFE Asks for Everything Plus the Kitchen Sink, Must You Give It? Scott M. Borene, Diana C. Bauerle, Martin J. Lawler
Where Are You Eligible to Apply vs. Where Should You Apply? Updates and Developments in Nonimmigrant Visa Procedures Consular Interview – What Your Client Should Expect and How to Prepare Role of Attorney in Visa Processing Tips for Resolving Problems at Consular Posts (And For Avoiding Them in the First Place) How to Overcome a Denial and Communicate with Consular Officers Overview of Security Checks NIV Waiver Update Liam Schwartz, Avi Friedman, Anastasia Tonello, Alice F. Seddon
Things You Wish You Didn’t Hear Violations of Status – You’ve Been Working on Your B Visa? You Changed Jobs Six Months Ago? Your Actual Minimum Requirements are NOT a Bachelor’s Degree? AD & AP vs. H-1B – Mandatory or Optional? Conflict of Interest – Corporate Raiding Between Your Clients Can the Party Who Pays Call the Shots? H-1Bs and Green Cards What if You Suspect Payments “Under the Table?” Managing Staff on Ethical Issues David P. Berry, Maria F. Glinsmann, Roy J. Watson, Jr. CD #79
Preparing Religious Institutions for Fraud Detection and National Security (FDNS) Investigations and Dealing with Delays Proposed/New Religious Worker Regulations New Petition, Attestation and Document Requirements Advanced Topics in Religious Vocations, Occupations, Organizations and Denominations Litigating Religious Worker Petition Denials, Including Equal Protection Considerations for Religious Workers and Impact of the Religious Freedom Restoration Act (RFRA) David Grunblatt, Michael C. Runde, Jeffrey Gorsky CDs #80 and #81
Financial Planning and Requirements New Developments – What Works and What Doesn't Evaluating Various Regional Center Programs Removal of Conditions Counseling Clients Ethics, Standard of Care and Pitfalls Lincoln Stone, Linda W. Lau, John Miles, Charles J. Skuba
TRACK V -- GOVERNMENT OPEN FORUMS
Robert C. Divine, Yeu S. Hong, Vincent “Vinny” Beirne, Jeffrey Gorsky, Alice F. Seddon Susan M. MacLean, Catherine L. Haight, William Carlson, Brian Pasternak, Elissa M. McGovern CD #84A & 84B Executive Office of Immigration Review (EOIR) Open Forum & Practice Manual Review Linda Kenepaske, Holly S. Cooper, Hon. David L. Neal, Michael J. Creppy Sharon R. Mehlman, Alexis S. Axelrad, Michael Aytes, Lynden D. Melmed, Lori Scialabba, Gregory B. Smith, Barbara Velarde Cheryl David, Howard Silverman, Dorothy Stefan, James Hayes
WORKSHOPS ROUNDTABLES
What is a Conviction? Negotiating the Plea The Categorical Approach Illegal Reentry After Execution of Removal Vacatur and Sentencing Issues Angie Junck, Norton Tooby, Dan Kesselbrenner
CD #88
The Difference Between Work and Transacting Business Use of the FAM to Enter Special NAFTA Provisions – After-Sales Service, Domestic Workers, Medical Treatment and Medical Students, Same-Sex Couples, and Prospective Students B-1 in Lieu of H and J visas When is a Stay Temporary? Maurice H. Goldman, Steven M. Ladik, Susan J. Cohen CD #89
Training – J-1, H-1B, F-1 OPT and O-1 Working – TN, H-1B and O-1 Immigrating – PERM, Schedule A, EB-1 and NIW Special Considerations for Canadian Workers Licensing, Credentialing and Timing Issues Robert D. Aronson, Matthew Dunn, Elahe Najfabadi, Donna Rae Richardson CD #90
What is the Western Hemisphere Travel Initiative? Proving Entitlement to a Passport, Including Dual Nationals and Minors Who Can Determine Citizenship and How Can It Be Proven? How To Challenge a Denial/Revocation/Cancellation of a Passport The Passport Card System (PASS) Carmen A. DiPlacido, Palma R. Yanni, Edward A. Betancourt
When Should the I-601 Waiver Be Submitted? How Do You Prepare an I-601 Waiver? Supporting Documents and Obtaining Strong Supporting Evidence What Should You Include in the Declaration? Winning a Waiver Case When There is No Medical Hardship Therapists and Evaluations Expert Witnesses – When Are They Necessary? Sarah Hawk, David N. Simmons, Alvaro Guadarrama Gonzalez, Steve Bucher, Ellen Gallagher, Warren Janssen CD #92
Mandatory Detention and Circuit Splits – Arriving Aliens and Deportable Aliens Release From Custody – Bond, Parole and Orders of Supervision Bond Motions, Bond Appeals and Judicial Review of Bond Orders and Automatic Stays by DHS Petitions for a Writ of Habeas Corpus Before the Federal District Court Challenging Conditions of Local and DHS Confinement Under the ICE Detention Standards Update on Inter-American Commission on Human Rights Investigation of U.S. Detention Practices Jeff Joseph, Matt Adams
FUNDAMENTALS TRACK
Seeking Relief from Persecution and/or Torture Where DHS Has Issued an Order of Expedited Removal (INA §235) or Final Administrative Removal Order (INA §238(b)) DHS Detention, Parole, Bonds, Bond Hearings, and Bond Appeals Basics of a Removal Proceeding Before Immigration Court Burden of Proof and Evidence Termination of Proceedings by IJ for Adjudication of Adjustment Applications by USCIS Appeals of Removal Orders to the BIA and Requests for Briefing Extensions Voluntary Departure – Posting Voluntary Departure Bonds with ICE and Documenting Timely Departure from the U.S. The Duty of Candor and Other Ethical Considerations Laura Lichter, Christopher Kozoll, Paula J. Solorio
Tips for Interviewing Clients and Reviewing Documents The One-Year Filing Deadline and Exceptions Developing the Theory of the Case – Persecution, Country-Wide Threat, “On Account Of” Standard Completing Form I-589, Documenting Legal Elements and Meeting the Burden of Proof Preparing the Client and Witnesses for the Interview and/or Hearing Asylum Office Decisions to Refer to the Immigration Court, Immigration Court Decisions, Appeals to the BIA, and Appeals and Petitions for Review to the Circuit Courts of Appeals EADs and the Asylum Clock Ethical Considerations Nancy Kelly, Stephen Manning, Rusty O’Brien Paul L. Zulkie, Reid Trautz, Paul McLaughlin
CD #98
Is My Client Eligible? Requirements to Naturalize, Including Permanent Residence, Physical Presence, Voting and False Claims Good Moral Character – Crimes; Child Support; Selective Service; Taxes The Interview – Civics and English Language Requirements or Possible Waiver for Medical Reasons or Long-Time LPR Dealing with Processing Delays Appeals and Federal Litigation Maureen O’Sullivan, Brenda Oliver, Fernando Perez CD #99
The Top 5 Ways To Get in Disciplinary Trouble A Crazy Little Thing Called Dual Representation Federal Practice in a State Bar World Ethics Resources You Need to Know Law Firm Staff Management Kristina K. Rost, Edwin R. Rubin, Reid Trautz CD #100
Mock Marriage-Based Adjustment Interview :
Effective Preparation for Marriage-Based Interview What to Expect at a Marriage-Based Interview Presenting Supporting Documents at a Marriage Interview When Can Your Clients Be Separated (Marriage Interview)? Marriage Interview :
Attorney: Nancy Fellom Dale M. Schwartz Shahpour M. Matloob Wife: Mary M. O’Leary
Mock Naturalization Interview :
Effective Preparation for Naturalization Interview What Happens at a Naturalization Interview/Questions Asked Presenting Supporting Documents at a Naturalization Interview Naturalization Interview :
Attorney: Dale M. Schwartz Nancy Fellom Mary M. O’Leary
TRACK I -- BUSINESS
L-1A Managers of Projects, Functions and Virtual Organizations L-1A Small Company Executives Trends in Visa Applications Under Blankets at Particular Posts (e.g. India and China) Proving “Specialized Knowledge” and Consular Trends for “Professionals” Under a Blanket Petition Outplacing Restrictions on L-1Bs Planning for the L-1B and L-1A Caps Jerome G. Grzeca, Teri A. Simmons, Annie J. Wang, Jeffrey Gorsky, Carol L. Williams CDs #102 and #103
Does the Type of Corporate Change Affect the Employer’s Liability? Keeping the Employee Employed – Effect of Reorganization on H, L, Blanket L and E Eligibility Keeping the Green Card Alive – Impact on Multinational Manager Petitions, Labor Certifications, Immigrant Petitions and Adjustment Applications Friendly Acquisitions vs. Unfriendly Acquisitions – Effect of Layoffs Before and After the Reorganization Acquiring Prior I-9s vs. Re-Verifying All Employees Barbara Bower, Margaret A. Catillaz, Susan C. Ellison, Carol L. Williams CDs #104 and #105
Drafting the Job Description When Are Job Requirements “Normal?” Preparing for Business Necessity Justification Alternative Requirements – Degree Equivalencies/Work Experience/Combination of Degrees Where to Recruit – Mandatory and “Pick Three” Options for Professionals Restrictions on Rejecting U.S. Workers Drafting the Recruitment Report Responding to an Audit Notice Romy K. Kapoor, Edward R. Litwin, Stacy Shore CDs #106 and #107
Revisions to the Form The Roving Employee Alternative Requirements Suitable Combination and Kellogg Language Business Necessity Special Handling Adjudication and Audit Trends Ester Greenfield, Steven A. Clark, Deborah J. Notkin, Robert H. Cohen
TRACK II - FAMILY
New Guidance Calculating Unlawful Presence Triggering the Bars Permanent Bars What Waivers are Available and When? Documenting Hardship to the Qualifying Relative Practice Trends What to Do About a Wrong Determination §245(i) Western Hemisphere Priority Dates Robert D. Ahlgren, Ira J. Kurzban, Michael E. Piston, Dea Carpenter CDs #109 and #110
§212(i) Misuse of Visitor Visa; Fraudulent Passport; Fraud at the Consulate; Fraud at Entry Failure to Mention HIV or Petty Conviction at Consulate When Applying for Visitor Visa New Case Law Documenting WaiversPsych Evaluations Documenting Medical Issues Extreme Hardship Affidavits §212(h) Waivers §212(a)(9) and §245(i) Appeal vs. Re-Filing of Adjustment with Waiver; Review in Proceedings; Filings Overseas Notices to Appear in Denied AdjustmentsShould You File the Adjustment At All? Raul E. Godinez, Carlina Tapia-Ruano, Lourdes S. Tancinco, Steve Bucher CDs #111 and #112
Choosing the Best Remedy Preparing a Winning Application Grounds of Inadmissibility and Waivers Motions to Reopen Under VAWA 2000 and 2005 Representing Minors for VAWA relief Public Benefits for the VAWA-eligible Related Issues Rosy H. Cho, A. Michelle Abarca, Julie E. Dinnerstein CDs #113 and #114
New Forms and Memos When Petitioners Don’t Pay Taxes Documentation Requirements U.S. Citizen Sponsors Not Residing in U.S. Household members Calculating Assets Joint Sponsors and Requirements Means Tested Benefits Income Not Reported on Tax Forms – Can It Be Used? Those Strange RFEs Educating USCIS Officers Ethical Issues Enforcement Issues – Use of Affidavit of Support in Family Support Cases Self Employed – Schedule K Obligations of Sponsor/Termination of Sponsor’s Obligations Charles H. Kuck, Peter L. Ashman, Charles Wheeler
TRACK III - DUE PROCESS/ENFORCEMENT
Anatomy of a Raid ICE Enforcement Strategies and Trends Warrants and Subpoenas: When Are They Necessary? Workplace Informants and Other Ammunition in the Government’s Arsenal The Role of the Attorney in a Raid: What Can You Do to Help? Conflicts of Interest Between Representation of Employers, Employees, Unions and Contractors/Sub-Contractors Laura Foote Reiff, Lori T. Chesser, Jay T. Jorgensen, Bruce Friedman CD #116
Potential Criminal Liability of the Employer and Probable Cause Motions To Suppress Cooperating Witnesses Federal and State Criminal Charges – Where Does Jurisdiction Lie? Asset Forfeiture and Other Sentencing Schemes Douglas S. Weigle, Mary E. Pivec, Jay T. Jorgensen CD #117
Best Practices in Verifying Work Authorization I-9 Electronic Storage and Compliance Dealing with SSA Mismatch Letters Conducting an Internal Audit Recommending Proactive Measures to Reduce Liability Avoiding the Discrimination Trap Defending an I-9 Audit/Investigation Michael Patrick, Gabrielle M. Buckley, Dawn M. Lurie, Angelo A. Paparelli CD #118
The Rights of the Undocumented Worker in a Raid Potential Criminal Liability of Employees and Immigration Consequences Termination Related to Social Security Mismatch Letters Right to Unemployment and Workers’ Compensation COBRA rights Social Security Benefits FLSA and Title VII Rights Strategies for Unions, Community-Based Organizations and Consulates for Supporting Non-Citizens and Their Families During Workplace Raids Eileen Scofield, Margaret Hu, Monica M. Ramirez, *Bruce Friedman CD #119
Scope of REAL ID – Asylum, Withholding and Convention Against Torture Claims Mixed Motive Cases Minor Inconsistencies and the Heart of the Claim Corroboration of Claims for Relief The Role of State Department Reports under REAL ID Judicial Review Issues Thomas Hutchins, Mark R. Barr, Lucas Guttentag CD #120
Grounds for Reopening In Absentia Deportation Orders Tardy Arrivals to the Courthouse and Other Excuses Claims of Ineffective Assistance of Counsel Standards for Sua Sponte and Joint Motions to Reopen Staying Voluntary Departure While Seeking Reopening or Reconsideration Staying Removal While Seeking Reopening or Reconsideration Federal Courts Review of Motions to Reopen and Reconsider After REAL ID Update from Capitol Hill – Immigration Court Reform Zachary Nightingale, Charles Roth CD #121
Screening Clients and Ethical Issues Preparing the Application and How to Address Prior Inconsistencies and Statements Interpretation and Translation Issues Corroborating the Claim Getting Evidence from the Government Presenting Positive Discretionary Factors Mock Interview on Sexual Orientation-Based Claim Susan H. Colussy, Deborah Anker, Caitlin A. Brazill, Holly S. Cooper, Molly Groom
TRACK IV—LAW PRACTICE MANAGEMENT/MASTERS: DUE PROCESS/ENFORCEMENT
What Clients Really Want Effective and Efficient Office Systems Avoid Disciplinary and Malpractice Complaints Create a Personally and Professionally Rewarding Practice Jay Foonberg CD #123
Do I Need a Paralegal, Legal Assistant or New Associate? Hiring, Training and Retaining Paralegals Effectively Utilizing Paralegals Ethical Issues in Working with Paralegals Joan S. Claxton, Andrew B. Greenfield, Helen L. Jugovic, Alberta Poland CD #124
What Do You Need – Drafting the Job Description Recruitment and Hiring 101 Retaining and Motivating Good Employees Compensation Structures Knowing When and How to Say Good-Bye Davis C. Bae, Steven H. Garfinkel, Linda A. Rahal
When to Make a Motion to Suppress DHS’s Responses to Motions to Suppress Legality of Federal and State Laws and Regulations in ICE Enforcement Actions Issues Unique to Asylum Claims and Objections to Evidence Offered by ICE Cross-examination of DHS Officers, Local and State Police, and the FBI Preserving Statutory and Constitutional Claims for Judicial Review Maria Baldini-Potermin, Rex Chen, Erich C. Straub CD #126
Trends in Particular Social Group Claims Trends in Religious Claims Forensics Document Lab (FDL) Reports Coercive Population Control Claims Diplomatic Assurances in CAT claims Breach of Confidentiality by DHS International Trends and Update from UNHCR Recent Policy Developments Karen Musalo, Ivan Yacub, H. Elizabeth Dallam CD #127
Do No Harm / Assess the Risks: Considerations Before Going to the Supreme Court Evaluating the Record and All Options with Clear Vision Preserving Victory: Responding to Government Petitions for Certiorari Preparing the Petition for a Writ of Certiorari—Practical and Cost Considerations Coordination with Advocacy Organizations Amicus Briefs Consideration of Pro Bono Offers from and Working with Litigation Firms Nancy Morawetz, Nadine Wettstein, Christopher Meade, Lucas Guttentag CDs #128 and #129
Pre-PERM Law, Practice and Precedent Attorney Role in the Post-PERM WorldConsideration or Interviewing of Applicants Timing of the Attorney’s Involvement Impact of Attorney-Client Privilege/Privileged Documents Impact of Attorney Work Product Responding to Audit Requests Concerning Consideration or Interviewing of Applicants Attorney’s Duty to Provide Advice as to Case Law on Appropriate Reasons for Rejection Eleanor Pelta, William A. Stock, Ester Greenfield, Susan M. MacLean
