The O and P visa categories are a great addition to any new immigration attorney’s arsenal. This session will provide nuts and bolts guidance on how to argue—and win—cases filed for individuals of extraordinary ability in the arts, sciences, business, and athletics. It will feature a fast-paced, lively, and comprehensive format to provide practical down-to-earth advice and to prep newer attorneys for the in-depth conference sessions.

• Assessing the Potential Case: O, P, or Other Category? Is B-1 Appropriate?
• O-1 Extraordinary Ability: Criteria and Kazarian 
• The Athlete-Client: O or P?
• Understanding P-2 and P-3
• O and P Essential Support and Family Members: Who Qualifies? 
• FAQs: Itineraries, Deal Memos, Current State of Advisory Opinions in Various Fields, Current State of USCIS Processing/RFE Trends

Faculty:

Richard Yemm (DL), Santa Monica, CA

Zoe Kevork, Tarzana, CA 

William Spitz, Brooklyn, NY 

Jacqueline Villalba, Miami, FL  

From attorney involvement in developing evidence to support the client’s case to assessing viability of the petitioner and “freelancing” work in the U.S., over the course of an ACES case many ethics questions arise.  This panel will explore a variety of common ethical issues attorneys encounter during practice in this arena and will provide guidance on how to ethically navigate these muddy waters. 

• Degree of Attorney Involvement in Developing the Petition—Where Is the Line?:
  • Who Drafts Reference Letters? 
  • Use of PR Firms for Press/Media Articles
• Ethical Issues Related to Evidence:
  • Accolades Earned While in the U.S. as a Visitor
  • Itineraries & Deal Memos Covering Three Years 
  • Certified English Translations 

• Ethics Pitfalls Surrounding Changes in Employment and Determining When an Amended Petition Is Necessary
• How to Ethically Explain Gaps in Employment & Other Status Issues

Faculty:

Kenneth Craig Dobson (DL), New York, NY

Ann Cun, San Leandro, CA 

Dora M. Komura, Pasadena, CA  

This fast-moving session will provide advocates with the tools they need to assist clients when potential inadmissibility issues arise either before or during the O and P visa consular interview. Fortunately, options are available to address most transgressions but knowing how to recognize these issues early is often the key to successfully managing these pressure-packed situations. Experts on this panel will prepare practitioners and will delve into how to assist clients that find themselves on the wrong side of a DUI, drug, shoplifting, fraud, or other charge; how to address the resulting issues, and how to know when a formal waiver is required.  They will share their insights on 212(d)(3) waivers and Matter of Hranka, and also distinguish the expansive NIV waiver options from the more limited IV waivers.

• What Offenses Qualify for an NIV Waiver?  When Is a Waiver Not Required?
• Preparing the Waiver Application and Addressing the Hranka 212(d)(3) Factors
• Engaging the Consulate to Support the Waiver Application
• Expediting Waiver Applications at the ARO—Can It Be Done?
• Practice Pointers From the Pros

Faculty:

Zachary Robert Dussault (DL), Charlotte, NC 

Leslie Holman, AILA Past President, Burlington, VT

Camiel Becker, Oakland, CA 

Steven D. Heller, Lewes, UK/New York, NY