Essential Immigration Terms and Concepts

Overview

Panelists on this fundamentals session will provide an overview of the general concepts, terms, language, and rules that are essential to the practice of immigration law.

Agenda and Speakers

• Nonimmigrant vs. Immigrant, Visa vs. Status, Visa Waiver vs. Visa Exempt
• Differences Between Visa Expiration, Petition Expiration Date, and Period of Admission
• Changing or Extending Status, Violations of Status, Overstays, Unlawful Presence
• Adjustment of Status vs. Consular Processing, Permanent Residence vs. Citizenship
• Definitions: Petition, Beneficiary, Applicant, Respondent

Carlina Tapia-Ruano (DL), AILA Past President, Chicago, IL
Beryl Bergquist (Farris), Peachtree Corners, GA
Michael Hunter, Panama City, FL
Joseph Rivas, Milwaukee, WI

What Every New Immigration Lawyer Should Know

Overview

If you’re new to immigration law and currently struggling to establish your law practice, rest assured: you’re not alone. Virtually every other immigration lawyer out there, no matter how long they’ve been practicing, has gone through the same thing at some point. Panelists will share wisdom from years of practice and experiences as once-fledgling lawyers, provide expert guidance to help build your confidence and grow your practice, and offer up tricks of the trade to help turn you into a rock star immigration attorney.

Agenda and Speakers

• Legal Resource Essentials: INA and CFR, AILA.org and AILALink, Kurzban’s Immigration Law Sourcebook
• Case Management Tools, Online Subscription Services
• The Perfect Retainer Agreement and Consultation: Everything You Should Cover
• Valuing Your Work and Expertise: What Should You Charge? When Should You Look for Help?

Karol Brown (DL), Bellevue, WA
Meghan Covino, Detroit, MI
Julianne C. Sharp, Detroit, MI
George N. Miller, Charlotte, NC

E-1/E-2 Visas 101

Overview

The Treaty Trader (E-1) and Treaty Investor (E-2) visa categories allow nationals of countries with which the United States maintains a treaty of commerce and navigation to be admitted to the United States when investing in a U.S. entity or engaging in international trade. As other visa categories grow increasingly restrictive, the E-1/E-2 can be a great option for those that qualify. Panelists will provide a basic overview of the E-1 and E-2 visa categories, and will discuss general qualifications and the application process.

Agenda and Speakers

• Who Can Apply for an E-1/E-2: Nationality and Existing Treaties 
• General Qualifications of the Treaty Trader (E-1) and Treaty Investor (E-2)
• Qualifying Positions 
• Overview of the Visa Application Process and Consular Adjudications

Amanda Brill (DL), London, UK
Edward C. Beshara, Maitland, FL
Dan R. Larsson, Bend, OR
Shahzad Qadri, Redmond, WA

Removal 101: The Distinction Between Inadmissibility and Deportability

Overview

Panelists in this fundamentals session will introduce the grounds of inadmissibility and deportability, when they apply, and the differences between them.

Agenda and Speakers

• Inadmissibility vs. Deportability: INA §212(a) and §237(a)
• Common Grounds of Inadmissibility
• Common Grounds of Deportability

Gus M. Shihab (DL), Columbus, OH
Beckie Moriello, Raleigh, NC
Tania M. Palumbo, Lawrence, MA
Andrea P. Reyes, Jacksonville, FL

The Skilled Worker Rule Three Years Later

Overview

The 2017 Skilled Worker Rule codified many of the AC21 practices and guidance and addressed multiple related issues, including employment authorization, grace periods for nonimmigrant visa holders who lost employment, cap exemptions, and more. In many, but not all, respects, the rule was a parting gift for U.S. employers and the skilled foreign nationals working for them. The experts on this intermediate panel will examine the rule and its application, with emphasis on the new aspects it added or changed.

Agenda and Speakers

• NIV Grace Periods: Who and How 
• Enhancements of H-1B Portability: Successive Petitions
• Employment Authorization Document Issues: Processing Times, Automatic Extensions, Special Cases
• Cap Exemption: Relaxing the Criteria for Affiliation
• INA §204(j) Portability
• Leveraging This Rule in an Era of Layoffs and Furloughs

Tiffany B. Hill (DL), San Francisco, CA
Robert H. Cohen, Columbus, OH
Poonam Gupta, AILA Verification & Documentation Liaison Committee, New York, NY
Stephen J. Navarre, Chicago, IL

Drafting Strategies for PERM: A Practical Workshop

Overview

DOL’s ETA 9089 is one of the most difficult of all immigration forms, presenting a number of drafting challenges and obstacles for practitioners. Drafting a successful ETA 9089 begins with a sound ETA 9141. The experts on this basic-to-intermediate panel will provide members with best practice recommendations addressing a variety of strategic drafting issues for these two forms. These recommendations range from how to interpret basic questions on the ETA 9089 and ETA 9141, to successfully navigating the complex nuances inherent in these forms.

Agenda and Speakers

• Form ETA-9141: How It Relates to the 9089
• Form ETA-9089: Application for Permanent Employment Certification Filed with DOL
• Section H Conundrums in Drafting H.4 to H.15
• J.18 to J.20: Is There a Right or Wrong Answer?
• Section K Disclosures

Marcine Seid (DL), Palo Alto, CA
Susanne C. Heubel, New York, NY
La Verne Ramsay, San Francisco, CA
David A. M. Ware, Metairie, LA

Asylum Lawyering: Winning Cases in a Time of Relentless Assaults on Asylum

Overview

In the last several years, the landscape of asylum law has changed dramatically. It has become harder for our clients to seek asylum and win their cases due to negative AG decisions, new regulations, and aggressive DHS techniques. In this session, expert asylum practitioners will share their strategies for winning cases in this tough climate.

Agenda and Speakers

• How Can Lawyers Succeed in a Post-AB, Post-LEA Landscape?
• What Should Lawyers Do to Combat the Transit Ban?
• Can You Still Get DHS to Agree to Narrow the Scope of the Case in Advance?

Jocelyn Dyer (DL), Senior Pro Bono Counsel, Immigration Justice Campaign, Washington, DC
Lauren Cusitello, San Diego, CA
Bashir Ghazialam, San Diego, CA

Relief from Removal: Beyond Cancellation and Asylum

Overview

The panelists on this intermediate session will discuss new and creative ways to seek relief from removal in immigration court. They also will identify forms of relief not often used but still available, such as NACARA, suspension of deportation, HRIFA, CAA, registry, INA §212(c), INA §237(a)(1)(H), adjustment and readjustment, and other waivers. Finally, panelists will provide guidance on combating multiple grounds of removability and combining forms of relief to achieve victory.

Agenda and Speakers

• Solutions to Marriage Fraud and Failures to Disclose: INA §237(a)(1)(H) and I-751 Hardship Waivers
• Clients in the United States Since Before the BlackBerry: NACARA (and Other ABC Benefits), Registry, Western Hemisphere, and INA §212(c)
• Deportation Proceedings? Suspension!
• Combining Multiple Forms of Relief: Stacking INA §237(a)(1)(H) and EOIR Form 42A; Waiving Fraud, Prior Removal Orders, and Crimes; INA §212(c) and §212(h) (for Clients Who Can’t Stay Out of Trouble)

Arturo R. Rios (DL), St. Petersburg, FL
Vikram K. Badrinath, Tucson, AZ
Amy Bittner, Columbus, OH
Christina H. Lee, Oakland, CA

#BreakTheBacklog: Litigation for Business Immigration Lawyers (Ethics)

Overview

USCIS is constantly looking for new reasons to deny cases, whether it be slowing down the pace of adjudications to making up “new and improved” reasons of ineligibility. Going to federal court may be the best response to this. Business practitioners already have the subject matter expertise to successfully litigate these cases; now it’s time to learn the procedures for a federal court action by attending this intermediate panel!

Taking Care of Yourself While Taking Care of Others (Competence Issues)

Overview

One of the greatest challenges immigration attorneys face is caring for themselves when working under pressure from clients, colleagues, and the government. Panelists will discuss best practices to avoid secondary trauma and how to manage a healthy work-life balance.

Agenda and Speakers

• How Client Relationships and Case Overload Can Mirror Abusive Relationships
• Setting Expectations from the First Consultation and Beyond
• Strategies to Disengage Clients
• Self-Care Techniques Beyond Mindfulness
• Leaving Guilt Behind: How to Set Boundaries and Enjoy Life Outside of the Office

Hardeep Sull (DL), Las Vegas, NV
Irene Mugambi, Dallas, TX
Diana Santos, Fairfax, VA
Danielle Polen, AILA Director of Publications and Online Resources, and Registered Yoga Teacher (E-RYT500) and Mindfulness Instructor, Washington, DC

Marketing Essentials: Every Immigration Attorney Is Also an (Ethical) Salesperson (Ethics) [Fundamentals]

Overview

Marketing in the 21st century involves targeted messaging to niche audiences. Thus, in the current era of technology and social media, having a website and an online presence are essential to having a successful law practice. Panelists on this fundamentals session will discuss ethical marketing practices for articulating your true value proposition, how to sell (and soft-sell) your firm’s services, and what you can and cannot do.

Agenda and Speakers

• Tips for Marketing Your Firm to the Right Client
• Social Media and Online Marketing
• Reviews and Third-Party Advertisers
• Ethics Rules About Advertising and Website Content
• Avoiding an Inadvertent Attorney-Client Relationship

Sandra A. Grossman (DL), Bethesda, MD
Douglas R. Penn, 2020 AILA Annual Conference Fundamentals/Special Sessions Chair,
Stamford, CT
Matthew J. Maiona, Boston, MA
Carl M. Shusterman, Los Angeles, CA