Immigration Events
1. 5/7-10, Arlington, VA - Certificate program course on international migration
2. 5/8, Washington, DC - Senate hearing on the role of immigrants in the innovation economy
3. 5/9, Washington, DC - Discussion on the challenge posed by stranded migrants
4. 5/9, Toronto, Canada - Seminar on precarious legal status in Canada
5. 5/13, Washington, DC - Lecture on enforcing laws on human trafficking in Russia
6. 5/13-14, Trier, Germany - Annual conference on EU migration law
7. 5/15-17, Toronto, Canada - Conference on immigration and settlement
8. 5/17, Toronto, Canada - Lecture on threats to refugee rights
9. 5/20, Bangkok, Thailand - Global forum on remittances
10. 5/22, San Diego, CA - Lecture on immigration and the Republican model in France
11. 6/5-7, Arlington, VA - Certificate program course on human trafficking
12. 6/26-29, San Francisco, CA - AILA annual conference on immigration law
1.
Certificate Course in International Migration Studies
XCPD-700 - Global Trends in International Migration
Course Description: Worldwide international migration is a large and growing phenomenon, with more than 200 million people now living outside of their home countries for extended periods. Understanding the complex dynamics behind international migration is essential to improved policies and programs to address the multiple causes and consequences of these movements of people. This course provides an overview of international migration numbers and trends, causes of population movements, the impact of international migration on source and receiving countries, and policy responses to population movements. The course also provides an introduction to the major theories underpinning the study of international migration, including the new economics of labor migration, dual labour market theory, world systems theory, cumulative causation, and migration networks theory. The course focuses attention on domestic and international legal regimes regarding migration, examining laws, major legal cases and regulatory frameworks.
Course Objectives:
At the completion of the course, a successful student will be able to:
* Discuss domestic and international legal regimes regarding migration.
* Examine laws, major legal cases, and regulatory frameworks.
* Produce a policy-oriented research report or memo on a topic of interest using current migration data and sources of information.
Location:
Main Campus, Clarendon
3101 Wilson Boulevard, Arlington, VA
http://scs.georgetown.edu/departments/course_nc.cfm?ref=program&dId=5&cI...
Class Meets: Tuesday-Friday, May 7-10, 2013, 8:30 a.m.-5:00 p.m.
Tuition: $995.00, 3.20 CEUs
Instructors: Elzbieta Gozdziak, Lindsay Lowell, Susan Martin, Andrew Schoenholtz, Abbie Taylor
Register: https://portal.scs.georgetown.edu/coursebasket/publicCourseBasket.do?met...
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2.
The Role of Immigrants in America's Innovation Economy
Senate Committee on Commerce, Science, and Transportation
2:30 p.m., Wednesday, May 8, 2013
253 Russell Senate Office Building
http://www.commerce.senate.gov/public/index.cfm?p=Hearings&ContentRecord...
Description: The U.S. Senate Committee on Commerce, Science, and Transportation will hold a hearing on Wednesday, May 8, 2013 at 2:30 p.m. titled “The Role of Immigrants in America’s Innovation Economy.” The hearing will examine current U.S. immigration policies and their impact on economic growth. Immigration reforms proposed by a bipartisan group of Senators would have implications for the U.S. technology sector and universities offering science, technology, engineering, and math (STEM) degrees.
Witness list:
Ruchi Sanghvi
San Francisco, CA
Jeffrey J. Bussgang
General Partner, Flybridge Capital Partners
Senior Lecturer of Business Administration, Harvard Business School
Gwenne Hendricks
Chief Technology Officer and Vice President of Product Development and Global Technology
Caterpillar
Stuart Anderson
Executive Director
National Foundation for American Policy
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3.
Stranded Migrants: A New Challenge for the International Community
9:30-11:00 a.m., Thursday, May 9, 2013
Suite 300, Conference Room
1400 16th Street NW
Washington, DC 20036
http://my.migrationpolicy.org/p/salsa/event/common/public/?event_KEY=66854
Description:
Speaker:
William Lacy Swing
Director General
International Organization for Migration
Commentator:
Sam Worthington
President & CEO, InterAction
Moderator:
Kathleen Newland
MPI Director
Migration and Development Program
RSVP: http://my.migrationpolicy.org/p/salsa/event/common/public/?event_KEY=668...
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4.
Book Launch: Producing and Negotiating Non-Citizenship: Precarious Legal Status in Canada
4:00-6:00 p.m., Thursday, May 9, 2013
University of Toronto, OISE Nexus Lounge
252 Bloor Street West M5S1V6 Toronto,ON, Canada
http://www.ceris.metropolis.net/?tribe_events=book-launch-producing-and-...
Speakers:
Manavi Handa, Ryerson University
Audrey Macklin, University of Toronto
Leslie Seidle, Institute for Research on Public Policy
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5.
Enforcing Laws on Human Trafficking in Russia
12:00-1:00 p.m., Monday, May 13, 2013
Woodrow Wilson Center, 6th Floor
1300 Pennsylvania Ave., N.W.
Washington, D.C. 20004-3027
http://www.wilsoncenter.org/event/enforcing-laws-human-trafficking-russia
Description: Human trafficking is considered one of the worst and most widespread violations of human rights today, with the International Labor Organization estimating that as of 2012, 18.7 million people worldwide are being exploited in the private economy. This talk examines the trafficking phenomenon in Russia, discussing both sex and labor trafficking, focusing primarily on the response of law enforcement agencies in the ten years since trafficking was criminalized in Russia.
Speaker:
Lauren McCarthy
Assistant Professor of Legal Studies and Political Science
University of Massachusetts, Amherst
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6.
Annual Conference on EU Migration Law 2013
Monday-Tuesday, May 13-14, 2013
ERA Conference Centre
Metzer Allee 4, Trier, Germany
https://www.era.int/upload/dokumente/14629.pdf
Objective: This annual conference aims at keeping migration practitioners, judges and civil servants up-to-date by providing an overview of the latest policy developments, legislative initiatives and case law in this field. A particular focus will be placed on the implementation of the Returns Directive.
Key topics: This conference will look at the challenges posed by the implementation of the Returns Directive into national law including:
*Detention for the purpose of removal
*The practicalities of removal
*The effect of entry bans
*Procedural safeguards & human rights implications
The event will also provide participants with an update on recent European legislation as well as the jurisprudence from the European Court of Justice in Luxembourg and the European Court of Human Rights in Strasbourg in areas such as:
*Family reunification
*Long-term residents
*Seasonal workers
*Intra-corporate transfers
Speakers:
Pieter Boeles
Professor, Member of the Meijers Committee (Standing Committee of Experts on International Immigration, Refugee and Criminal Law), Leiden
Roland Brumberg
Legal Advisor, Immigration Law, Federal Ministry of the Interior, Berlin
Laura Gornicioiu
Policy Officer, Immigration and Integration, DG Home Affairs, European Commission, Brussels
Michael Hoppe
Judge, Higher Administrative Court of Baden-Württemberg, Mannheim Ana Cristina Jorge, Head of Joint Operations Unit, FRONTEX, Warsaw
Fabian Lutz
Principal Administrator, Border Management and Return Policy, DG Home Affairs, European Commission, Brussels
Violeta Moreno-Lax
Lecturer in Law, University of Liverpool, and EU Asylum Law Coordinator, Refugee Law Initiative, University of London
Cliodhna Murphy
Lecturer in Law, Dublin City University
Ann Charlotte Nygard
Programme Manager, Freedoms and Justice Department, EU Agency for Fundamental Rights, Vienna
Alexandra Rueth
Legal Secretary, Court of Justice of the European Union, Luxembourg Flip Schuller, Partner, Bohler Advocaten, Amsterdam
Tineke Strik
Member of the Dutch Senate; Member of the Committee on Migration, Refugees and Displaced Persons and Chair of the Sub-Committee on Refugees of PACE; Assistant Professor of Migration Law, Radboud University, Nijmege
Program:
Monday, May 13, 2013
9:00 a.m.
I. CATCH-UP SESSION: LATEST CASE LAW AND LEGISLATIVE DEVELOPMENTS
9:15 a.m.
Jurisprudence of the European Court of Human Rights on regular migration
10:15 a.m.
Recent jurisprudence of the Court of Justice of the European Union inmigration cases
Alexandra Rueth
11:45 a.m.
Latest legislative developments in the area of regular migration incl. seasonal employment and intra-corporate transfer proposals
Laura Gornicioiu
II. INTRODUCTORY SESSION ON DIRECTIVE 2008/115/EC (RETURNS DIRECTIVE)
2:00 p.m.
Overview of the Returns Directive: key features and key concerns
Violeta Moreno-Lax
3:15 p.m.
Between a rock and a hard place: effecting the transposition of the Returns Directive in national law
Tineke Strik
4:15 p.m.
Working groups
* Judges: Michael Hoppe
* Civil servants: Roland Brumberg
* Lawyers: Flip Schuller
In the working groups, the professions will have the opportunity to discuss with their peers the issues that are most relevant to them. To facilitate this, the group leader will give an introductory presentation designed to stimulate debate.
5:30 p.m.
Plenary discussion of working group results
Tuesday, May 14, 2013
III. COMPLETING THE PICTURE
9:15 a.m.
Detention for the purpose of removal: combating illegal migration or simply criminalisation?
Ann Charlotte Nygard
9:45 a.m.
Entry bans and SIS alerts: conflicting norms in regulating migration?
Pieter Boeles
10:45 a.m.
The removal procedure under the Returns Directive and the role of FRONTEX
Ana Cristina Jorge
12:00 p.m.
The ultimate balancing act: effective returns policy vs. respect for human rights
Cliodhna Murphy
12:30 p.m.
A lot done, more to do: challenges of enactment and practical application in national legislation
Fabian Lutz
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7.
Immigration and Settlement: Precarious Futures
Monday-Wednesday, May 15-17, 2013
Ryerson University, Toronto, Canada
http://www.ceris.metropolis.net/?tribe_events=immigration-and-settlement...
Description: The 2013 RCIS conference “Immigration and Settlement: Precarious Futures?” is dedicated to advancing innovative and interdisciplinary research from diverse critical and institutional perspectives in the areas of immigration and settlement, international migration, integration, and diaspora and refugee studies. It aims to integrate theory with practice on international migration issues based on values of inclusion and respect for cultural diversity.
The conference will connect international and national research networks with Ontario and especially Toronto, one of the world’s most diverse communities. Furthermore, it will bring together immigration and settlement scholars, graduate students, national, provincial and municipal policy makers, regional non-government agencies and community representatives.
Preliminary conference agenda:
Wednesday, May 15, 2013
2:20-3:45 p.m.
Opening Keynote Panel: "Refugee Settlement in Canada"
4:00-5:30 p.m.
Breakout Sessions I
PAPER SESSIONS
Migration & Identity I: Gender, Sexuality & Disability
Disabled State: Mapping Disability Across Migration, Status, and Sovereignty
Rachel Gorman, York University
Discriminatory Experiences of Landed Immigrants in Canada
Parveen Nangia, Laurentian University
Equal Rights Discourse: A Shifting Terrain for Sexual Minority Refugee Claimants
Dawn Onishenko, Ryerson University; Reda, Gino, Ryerson University
Migrant Labour I: Skills, Networks & Communications
Immigrant Networking Experiences by Gender in Peel Region
Mark Robert Holmes, Ryerson University; Samantha Jackson, Ryerson University; Erin Roach, Ryerson University; Wendy Cukier, Ryerson University
Immigrants Educational Credentialing: The Hidden Cost of the P.Eng. License
Oksana Ostapchenko, University of Toronto
Polish Graduates in Greater Toronto Area After 2004
Aga Szewczyk, Loughborough University (UK)
Securitization I
Outsourcing Detention: The Roles of Private Companies and the Military in Controlling Immigration
Stephanie J. Silverman, Osgoode Hall Law School
The Rights of Migrants under International Law
Mohd Iqbal AbdulWahab; Kafayat Quadri, International Islamic University (Malaysia)
Somali Families in Toronto: Preliminary Findings on Human Security
Marja Tiilikainen, University of Toronto
Migration, Settlement & the City
Immigrant Settlement in Municipalities: A Case Study of Niagara
Binish Ahmed, Brock University
Much Ado about Nothing or Nothing Ado about Something- Immigrant Perspectives on Housing Issues In Scarborough and Non-Linear Explorations of Solutions to Disseminate Information
S. Gopikrishna, Scarborough Housing Help Centre
Selling (off) Ethnic Market Places: Dealing with Ethnic Diversity in Different Urban Settings
Antonie Schmiz, Humboldt-Universität zu Berlin (Germany)
Making the (Municipal) Vote Fairer in Canada: Canadian Efforts to Extend the Municipal to Vote to Non- Citizen Residents
Graeme Cook, University of Ottawa; Patti Tamara Lenard, University of Ottawa
5:30-7:00 p.m.
Welcome Reception and Poster Session, Co-sponsored by RCIS and CERIS
Posters
Poster A:
Intimate Partner Violence: Are There Differences in the Experiences of Immigrant and Canadian-Born Women?
Janice Du Mont, University of Toronto, Tonia Forte, University of Toronto; Meghan White, University of Toronto
Poster B:
Ethnic Identity, Adult Attachment, and Drinking Among College Students in the U.S.
Jason Chiang, Syracuse University (USA)
Poster C:
Exploring the Horizontal Acquisition of Transnational Identity in Intercultural Relationships in Toronto
Emma Jankowski, Ryerson University
Poster D:
An Examination of Intimate Partner Violence by a Former Partner by Immigration Status and Length of Residence in Canada
Janice Du Mont, University of Toronto; Ilene Hyman, University of Toronto; Kristen O'Brien, University of Toronto; Meghan White, University of Toronto; Fran Odette, Springtide Resources; Vappu Tyyskä, Ryerson University
Poster E:
Settling the Unsettled: the Experience of Providing Immigrant Services to Non-Status Immigrants in Toronto
Monica Carreon-Diez, Ryerson University
Poster F:
Environmental Influences and International Migration: An Investigation
Bonnie Boyd, University of Ottawa
7:00-9:00 p.m.
Film Screening: “The End of Immigration”
Description: This one-hour TV documentary uncovers a trend which is having a major impact on the type of country in which we live, one that relies increasingly on "rent-a-workers" rather than immigrants, a process that could spell “the end of immigration” as we know it. Today, the number of temporary workers arriving each year in Canada far exceeds the number of immigrants. By comparing the situation of these temporary workers with that of their own parents who arrived in Canada as unskilled workers in the last century, the filmmakers uncover a hidden world that's as close as the MacDonald's on the corner. And they ask the crucial question: is this the kind of society we want to build?
Thursday, May 16, 2013
9:30-11:00 a.m.
Breakout Sessions II
PAPER SESSIONS
State, Governance, Politics & Policy I: Women & Labour
An Intersectional View: The Labour Market Stratification of First-Generation Immigrant Women from African Source Countries
Aisha Omar, University of Western Ontario
The Effect of Children on the Labour Market Integration of Immigrant Women in Canada
Mai Phan, University of Toronto; Lisa Deacon, Ryerson University; Hila Taraky, Ryerson University; Rupa Banerjee, Ryerson University
An Urgency to Protect Migrant Rights: A Feminist Critique of the Live – In Caregiver Program
Gowsiga Thirunavukkarasu, Ryerson University
The Earning Gap and Discrimination Against Female Visible Minority Immigrants in Canada: Evidence From The 1996, 2001, 2006 Census
Kyung-Eun Yang, University of Toronto; Daniyal Zuberi, University of Toronto
Securitization II
Crimmigration in Canada – Recent Immigration Policy Changes and the Criminalization of Immigrants and Refugees
Wendy Chan, Simon Fraser University
The Securitization – Precarious Nexus within the Canadian Immigration Policy
Monica Carreon-Diez, Ryerson University
Understanding North American Perimeter Security
Karen Everett, Trent University
Beyond Burden-Sharing and Warehousing: Asylum Seekers in Immigration Detention
Stephanie J. Silverman, Osgoode Hall Law School
Health & Well-being
Migration, Gender and Health: South Asian Immigrant Women’s Access to Cancer Screening Services
Sanzida Habib, University of British Columbia
Mental Health of South Korean Transnational Mothers
Jaemin Kim, Centre for Addiction and Mental Health, Toronto
Status Inconsistency and Mental Health: Comparing Immigrants to Canadian-born
Farah N. Mawani, University of Toronto
Immigration, Health and Transnational Ties
Lu Wang, Ryerson University; Min-Jung Kwak, York University
Youth Negotiation of Culture
Mehrunnisa Ali
Gender Role Socialization in South Asian Immigrant Culture in Montreal
Mahsa Bakhshaei, University of Montreal
Settlement and Social Capital: Strengthening Futures for Newcomer Children and Society
Judith Colbert, Independent Consultant
The Experiences of Homelessness among First and Second Generation South Asian Youth: Does Culture Matter?
Saveena Saran, Ryerson University
Social and Economic Inclusion for All? Challenges for Racialized Second Generation Canadians
Alfia Sorokina, Social Planning Council of Ottawa
SPECIAL PANELS
Environmental Conditions and International Migration
Flooding Across Borders? A Review of Empirical Evidence of International Environmental Migration
Reiko Obokata, University of Ottawa
Environmental Change and Labour Migration
Robert McLeman, Wilfrid Laurier University
Environmental Conditions and International Migration to Canada: What Migrants, What Environmental Factors?
Luisa Veronis, University of Ottawa
Environmental Conditions and International Migration to Canada: the Case of Haitian Immigrants in Ottawa-Gatineau
Amina Mezdour, University of Ottawa
Innovation, Technology and the Human Touch – Pre-arrival Programs for Immigrants at ISIS
Kathy Burnett
Going the Distance
Kathy Burnett, Immigration Settlement and Integration Services (ISIS) (Nova Scotia)
Integrating Faster: Pre-employment Preparation
Mohja Alia, ISIS (Nova Scotia)
Building Communication Skills
Carol Derby, ISIS (Nova Scotia)
How Did We Get Here? Labels, Resettlement, and "Integration" of Refugees in Toronto
Jennifer Hyndman, York University
Assessing the Role of the Refugee “Process” and Label in the Labor Market: A Study on Highly Skilled Refugees' Perceptions of Workforce Experiences in Canada
Patricia Ward, York University
Refugees’ Perceived Mental Health Post-Migration to Canada: Afghans, Colombians and the Karen (Burmese)
Fatima Sidiqi, Ryerson University
Employment as a Practice of Citizenship: the Unique Experiences of Refugee Claimants in Toronto
Samantha Jackson, Ryerson University
Two Steps Forward, One Step Back: Progress, Successes and New and Persistent Challenges in Recognizing Foreign Qualifications in Canada
Nuzhat Jafri, Office of the Fairness Commissioner; Phil Schalm, University of Toronto School of Continuing Studies; Jan Robinson, The College of Veterinarians of Ontario; and Olga Ziman Sabbagh, Interac Association, Acxsys Corporation
11:15 a.m.-12:15 p.m.
Keynote: “Hardworking Immigrants and Lazy Benefit Scroungers? The National Labour Market, Welfare Benefits, and Immigration Controls”
Bridget Anderson, Oxford University, COMPAS
Details: Bridget Anderson is Deputy Director and senior research fellow at the Centre on Migration, Policy and Society (COMPAS) at the University of Oxford, UK. She has a particular interest in immigration and low waged labour markets (particularly domestic workers and au pairs), trafficking, immigration enforcement, citizenship and the politics of immigration controls. She learns from and works with many individuals and groups including migrants’ and workers’ organisations and no borders activists. Her most recent book is Us and Them? The Dangerous Politics of Immigration Control
1:30-3:00 p.m.
Breakout Sessions III
PAPER SESSIONS
Governance, Politics & Policy II: Regional Policies
When Discrimination Comes From Above: Local Policies of Immigrants’ Exclusion in Northern Italy
Maurizio Ambrosini, University of Milan (Italy)
Research for Policy & Practice: A Partnership Model
Stephen Cohen, Ryerson University
A Cross-Provincial/Territorial Comparison of Canada's Provincial Nominee Programs: Objectives, Evolution, and Future Research Needs
Rebecca Hii, Ryerson University; Shuguang Wang, Ryerson University
Performance, Arts & Culture
Refugee Presentations In Institutional Settings: How Good Intentions Marginalize and Dis-Empower People from Refugee Backgrounds
Otieno Kisiara, New York State (USA)
Beyond Deference: Disturbing How Public Politics is Performed in Bunkhouses and Work-Sites with Migrant Farm Workers
Adam Perry, University of Toronto
Mentoring Immigrants in Canada: Preliminary Findings
Hewton Tavares, University of Toronto
Migrant Labour II: Precarity
Jane-Finch as a Temp Agency Drag Net: How a Racialized Space Produces a Contingent Workforce
Patricia Landolt, University of Toronto Scarborough
Temporary Migration as Distribution Basis for World Caring Labour –Precarious Presents and Futures Passed
Salimah Valiani, Ontario Nurses’ Association
Racing Three Clocks: A Temporal Analysis of how Precariously Employed Immigrant Workers and their Families Juggle Work, Family and the Settlement Process
Ruth Marie Wilson, University of Toronto
Immigrants in British Columbia: Dimensions of Precariousness in Labour Market
Habiba Zaman, Simon Fraser University
Gendered Challenges & Resiliences
Challenges and Opportunities for Community Engagement among New Immigrant Women in Toronto
Fatma Abuareaf, Ryerson University
Assessing Impact Of Participation In Community Education Programs On Immigrant Women’s Resilience And Wellbeing
Julia Fursova, St. Francis Xavier University
‘“What’s Up with All These Walls?” Racialized Lesbian/Queer Women Immigrants and Belonging in Toronto’
Sheila Pardoe, Ryerson University
The role of Multicultural Media in the Immigration Process
Multicultural Media Use among Chinese Immigrants in Ottawa
Rukhsana Ahmed, University of Ottawa; Peruvemba Jaya, University of Ottawa; Shuai Su, Independent Researcher
The Ethnic Media and the 2011 Federal Election
April Lindgren, Ryerson University
The Impact of Length of Residence in Canada on the Use of Multicultural Media
April Carriere, University of Ottawa; Caroline Andrew, University of Ottawa
Analyzing Karen Refugee Settlement in Canada and Australia
Introducing Karen Settlement in Toronto
Mie Tha Lah; Sheila Htoo, Karen Community of Toronto
Karen Settlement in BC: A Twist on Service Provision
Jen Marchbank, Simon Fraser University; Kathy Sherrel, Chris Friesen, (ISSBC); Jennifer Hyndman, CRS-York University
The Karen Settlement Experience In Australia
Susan McGrath, York University; Ei Ph yu Han, York University; Sheila Htoo, Karen Community of Toronto; Michaela Hynie, York University; Duncan MacLaren, Australian Catholic University
3:15-4:45 p.m.
Breakout Sessions IV
PAPER SESSIONS
State, Governance, Politics & Policy III: Supranational Policy
Turning a Blind Eye: Lessons from Egypt on the Formation and Execution of Refugee Policy
Kelsey Norman, University of California Irvine (USA)
The Universal Periodic Review and Canada's Human Rights Record
Graeme Cook, University of Ottawa
Exodus, Encounter: Politics of Migration
Joshua J. Kurz, Ohio State University (USA)
Migrant Labour III: Rights, Policy & Social Justice
Reena Tandon
Organizing Across Racial Divides: Union Responses to Employment Precarity and Social Injustice in Vancouver's Low-Paid Health Care Sector
Jennifer Chun, University of Toronto Scarborough
National Sovereignty and Transnational Labour: The Case of Mexican Seasonal Agricultural Workers in British Columbia, Canada
Leah Vosko, York University
Social Policy and the Working Poor: Racialized Immigrant Experiences in Vancouver, Canada
Daniyal Zuberi, University of Toronto
Transnationalism and Sense of Belonging
Becoming Australian, British or Canadian Citizens: A Comparison of Citizenship Guides
Gerard Boucher, University of the West of Scotland
Mexican Transnational Citizenship: Implementing Mexican Emigration Policies in a Canadian Context
Omar Lujan, Ryerson University
Constructing Cosmopolitan and Essentilaized Socialites: Analyzing Highly Skilled Chinese-Singaporean Transnational Migrants’ Access to Resources and Social Integration in Multi-Context and Pluri-local Transnational Spaces
Caroline Pluss, Nanyang Technological University (Singapore)
Rethinking the African Immigrant Experience in North America: Some Theoretical and Empirical Insights
Thomas Owusu, William Patterson University (USA)
Immigrant Youth in Schools
Francis Hare
Transforming Applied into Basic Research: Intercultural Social Life among Youth in Atlantic Canada
Benjamin Amaya, Mount Saint Vincent University
Internally Displaced Youth Still at Risk: A Comparison of Two Cities, Izmir And Diyarbakir
Esra Ari, University of Western Ontario
“Where Do You Come From?” Identity Formation, Belonging and School Support for Visible-Minority Youths
Frances Kalu, University of Calgary
What do Chinese Immigrant Parents Concern with their Children’s Education: Teachers’ Perspective
George Zhou, University of Windsor
Friday, May 17, 2013
9:30-11:00 a.m.
Breakout Sessions V
PAPER SESSIONS
Migrant Labour IV: Professionalism & Bridging
The Challenges and Strategies of Professional Immigrants in their Search for Entry into the Professional Labour Market in St. John’s, Newfoundland
Somayeh Ghobadi Astanjin, Memorial University; Lisa Kaida, Memorial University
University Bridging Programs for Internationally Educated Professionals
Victorina Baxan, University of Toronto; Phil Schalm, University of Toronto
Tracking Immigrant Professionals in Manitoba's Labour Market
Stephanie Stobbe, University of Winnipeg; Judith Harris; Mussie Tesfagiorgis, University of Winnipeg
Adaptation in the Work & Housing I: Settings
Residential Overcrowding among Sri Lankan Tamils in Toronto: A Comparative Analysis of Refugee Claimants and Family Class Migrants
Sutama Ghosh, Ryerson University
Ties to the Homeland: How Transnational Organizations Shape Identity and Belonging
Mabel Ho, University of Western Ontario
Tracing the links between Transnational Migration and Household Food and Nutrition Security
Mohammad Moniruzzaman, Wilfrid Laurier University; Margaret Walton Roberts, Wilfrid Laurier University
Settlement Services I
Balancing the Budget but Who’s Left to Budget the Balance: A Visual Representation of Professional Networks within Toronto East Local Immigration Partnership
Raluca Bejan, University of Toronto
Does Lack Of Social Support Services Effect Immigrants’ Settlement And Health In Greater Toronto Area (GTA)?
Tariqul Islam, Laurentian University
Newcomer Experiences of Settlement Programming in London, Ontario
Jennifer Long, University of Western Ontario; Victoria Esses, University of Western Ontario; Andrea Brown, United Way London and Middlesex
Integration of Immigrants: The Role of Jamaica Chinese Christian Church
Wing Tsang, University of the West Indies
State, Governance, Politics & Policy IV: National Policies Leading to Precarious Status
Social Rights of Migrant Workers in the EU: From Fragmented Unity to Unified Fragmentation
Ana Beduschi, University of Exeter (UK)
Ministerial Immigration: The Long-Term Impacts for Canada
Jared Cummer, University of Delaware (USA)
Australia’s International Student Program: Regulatory Change, Legitimate Expectations and the Twilight Zone
Sudrishti Reich, Australian National University
SPECIAL PANELS
This Way to the Nation: Enactments Of Nationalism in and Through Labour Migration And Integration Policies in Settler Nations
‘Exploring the Role of Neoliberal “Training Culture” In the Production of the Normative White Enterprising Citizen-Subjects in Canada’
Srabani Maitra, York University
“I Want to Build Myself”: Iraqi Refugee Women Caught in the Nexus of Shattered Hopes and “Eviction from Civil Society”
Sajedeh Zahraei, University of Toronto
The Mental Health of Immigrant Children and Youth: Deriving Meaning From Statistical Associations
What Do We Know So Far?
Morton Beiser
Parental Language Fluency and Children's Mental Health
Caitlin Davey, Ryerson University.
Self-Esteem in Resettlement Countries and At Home
Meredith Landy, Ryerson University
Unpacking the Reasons for Ethnic Differences in Mental Health
Matilda Nowakowski, Ryerson University.
11:30 a.m.-1:00 p.m.
Breakout Sessions VI
PAPER SESSIONS
Settlement Services II: Governance
Building Capacity: Recognizing Settlement and Integration as a Profession
Rennais Gayle, Alberta Association of Immigrant Serving Agencies; Sarah Amies, Lethbridge Family Services & Immigrant Services
Best Practices for Establishing a Labour Center: Lessons from the El Sol Jupiter’s Neighborhood Resource Center
Sandra Lazo de la Vega, University of Florida (USA); Timothy Steigenga, Wilkes Honors College of Florida Atlantic University (USA)
Settlement Services and Nonprofit Organizations: Finding a Policy Voice Presenter
John Shields, Ryerson University
Local Immigration Partnerships: A Case Study of Innovation in Regional Governance from Durham Region, Ontario
Blair Cullen, Trent University
Migration & Identity II
Emotions and Identity in Language Use Among Multilingual Migrants In Canada: A Social Approach
Grit Liebscher, University of Waterloo; Tetyana Reichert,University of Waterloo
Goan, Canadian, Indian or Portuguese?: Youth Identity in a Postcolonial Diaspora
Roland Masarenhass, Harvard University (USA)
The Construction of National Identity in Germany: “Migration Background” as a Political and Scientific Category Presenter
Albert Scherr, University of Education Freiburg (Germany)
Adaptation in Work & Housing II
Migration as a Positive Agent of Change: A Transnational Geographer’s Approach
Sheri Adekola, Wilfrid Laurier University
Religion And Spirituality Among A Diasporic Community: The Case Of Israelis In Greater Vancouver
Yuval Maduel, Simon Fraser University
Virtual Migration: Challenging and Entrenching Gendered Norms
Mirchandani Kiran, University of Toronto
The Precarity of Migrant Legal Status
The Effects of Undocumented Migrants on the Labour Force: A Review of the Literature
Charity Hannan, Ryerson University
Emerging Logics of Citizenship: Efforts to Address Violence Against Non-Status Women in Toronto, Canada
Salina Abji, University of Toronto
Who Are These Scoundrels??? Questioning Legality, Precarity And Inclusion
Sutapa Chattopadhyay, Maastricht University (Netherlands)
The Precarity of Citizenship and Membership
Luin Goldring, York University
Precarious Work and Im/Migrant Labour in the Agri-Food System
Invisible Workers’ Invisible
Mustafa Koc, Ryerson University
Repetitive Emotional Injury: The Seasonal Agricultural Workers Program and Its Impacts on Family Cohesion
Andre Lyn, Carleton University; Janet McLaughlin, Wilfrid Laurier University; Don Wells, McMaster University
Permanently Temporary, Perpetually Precarious: Migrant Workers in Canada’s Food Industry
Kerry Preibisch, Guelph University; Luann Good Gingrich, York University
Protecting the Hands that Feed Us: Improving Migrant Farmworker Health in Ontario
Panelists: Janet McLaughlin, Wilfrid Laurier University; Jenna Hennebry, Wilfrid Laurier University ROUNDT
2:15-3:45 p.m.
Keynote: “Global Governance of International Migration: Mapping, Measuring & Modeling in the Interest of Migrants”
Irudaya Rajan, Centre for Development Studies, India, followed by an expert panel
Details: S. Irudaya Rajan is Chair Professor, Ministry of Overseas Indian Affairs (MOIA) Research Unit on International Migration at the Centre for Development Studies, Thiruvananthapuram, Kerala, India. He has twenty five years of research experience in Kerala; has coordinated several major migration surveys in Kerala (with Professor K C Zachariah) and Goa, and published extensively on social, economic and demographic implications on international migration. He currently holds projects on international migration with the European Commission, the International Labour Organization, the World Bank, the International Organization of Migration, the International Development Research Centre, the Canadian Institute of Health Research and the Rockefeller Foundation, and works closely with the MOIA; the Department of Non-Resident Keralite Affairs in Kerala; the Gujarat State Non-Resident Gujaratis’ Foundation; and the Department of Non-Resident Indian Affairs in Goa. He is the editor of the annual India Migration Report and editor in chief of the international journal Migration and Development.
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8.
Refugee Rights Under Siege
3:00-5:30 p.m., Friday, May 17, 2013
Centre for Refugee Studies
York Hall A100, Glendon Campus, York University
2275 Bayview Avenue
Toronto, Ontario, M4N 3M6, Canada
http://www.ceris.metropolis.net/?tribe_events=public-lecture-by-alex-nev...
Speaker:
Alex Neve
Secretary General
Amnesty International Canada
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9.
Global Forum on Remittances 2013
Monday-Thursday, May 20-23, 2013
United Nations Conference Centre
Bangkok, Thailand
http://www.ifad.org/remittances/agenda.pdf
Conference agenda:
May 20, 2013 - Day One: Remittances and Development
9:00–9:45 a.m.
Plenary Session I: Opening Global Forum on Remittances Asia 2013
Importance of Remittances in Thailand and Asia
Remittances and Development: Global Phenomenon and Regional Opportunities
Addressing Challenges to Maximize the Development Impact of Remittances
Plenary Session II: Remittances and Development
9:45–10:45 a.m.
High Level Forum: G20 Process and Reducing the Cost of Remittances
The G8 and the G20 have played leading roles in addressing key global challenges in international remittance flows. The G8 put remittances on the global policy agendafor the first time during the 2004 Sea Island Summit. In Seoul in 2010, and again in Cannes in 2011, the G20 Leaders endorsed a comm itment to reduce global average cost of sending remittance by 5 percentage points by 2014, the „5x5? objective. This high-level forum will bring together key G20 stakeholders to share their achievements and lessons
Plenary Session III: Setting the Stage: “Sending Money Home to Asia”
11:15 a.m.–12:30 p.m.
Setting the Stage: Sending Money Home to Asia
In the context of the GFR 2013, IFAD will release its latest regional study, “Sending Money Home To Asia”. Based on joint research between IFAD and the World Bank group, the study highlights the trends and opportunities in today?s Asian remittance market. During this panel, both IFAD and the World Bank will present the main findings of their joint research and set the stage for the following plenary and breakout sessions throughout the Forum.
Plenary Session IV: Enabling Remittance Markets: Standards, Regulatory Reforms, and Best Practices
While regulatory frameworks are aimed at balancing the need for a secure, level-playing field, and allowing for competition and innovation, this outcome is not always achieved. Exclusivity, inadequate access to payments systems, AML/CFT compliance and currency controls are among the key issues the regulatory framework needs to address. As new players and technologies populate the Asian remittance market, regulators face the challenge of addressing the risks and opportunities, if any, that are brought with appropriate measures. This session will highlight the recent reforms in legislative and regulatory frameworks that govern money transfers and the remittance market in general, and foster discussions from both public and priv ate sector perspectives on enabling remittance markets in Asia.
1:45–2:30 p.m.
Panel I: Creating and Enabling Remittance Markets: Experiences and Lessons–Policy and Regulatory Reforms
2:30–4:15 p.m.
Panel II: Private Sector Initiatives in Creating Enabling Remittance Markets
Representatives from the private sector will discuss experiences and lessons on creating enabling remittance markets and how to address remaining challenges
4:15–5:30 p.m.
Remittances Marketplace
Running parallel to the Forum, the Remittances Marketplace will take place to allow private-sector entities and other stakeholders to exhibit their products and services. The Marketplace will serve as a platform to interact with other key players in the remittance market, involving the public, private, and civil society sectors. The Marketplace will also serve as a networking exercise in order to promote partnerships and worldwide cross-learning experiences in the field of remittances, and will provide an opportunity for participants to become aware of business-technology approaches that can best reduce transaction costs, create profitable business models, and deliver additional value to users
May 21, 2013 - Day Two: Remittance Markets and Innovations
Plenary Session V: Asia-Pacific Remittance Marketplace
9:00–10:30 a.m.
Panel I: Market Trends, Innovations, and Opportunities
Market competition is key to reducing the cost of international money transfers. With the emergence of new technologies and the entry of non-traditional service providers, balanced and effective regulatory frameworks are more vital than ever to foster innovation and competition as well as to protect the interests of remittance senders and receivers. The Asia-Pacific region is renowned for its diversity in market opportunities and challenges. This session will address the latest trends in the Asia-Pacific remittance markets from the perspective of remittance service providers.
10:45 a.m.-12:00 p.m.
Panel II: Remittances and Cross-selling of Financial Products: Meeting the Specific Needs of Remittance Senders and Recipients
Over the past decade, key players in the remittance market introduced innovative mechanisms to cross-sell other financial products to remittance customers. This panel will explore the lessons accumulated over the past decade on cross-selling products ranging from savings, credit, insurance, to investment advisory services. This interactive panel will consider the sustainability of the cross-selling initiatives, as well as the opportunities for, and challenges of, replicating and scaling-up these efforts.
12:00-1:00 p.m.
Panel III: New Market Opportunities
This panel will provide the context for the following parallel sessions that will cover focused topics on challenges and solutions in rural areas, and innovations in financial infrastructure and payment instruments.
Innovation in Financial Infrastructure and Retail Payments for Remittances
Networks and innovative banking products: Overcoming the rural/urban financial service divide
Remittance markets in rural areas: Experiences and opportunities in developing pro-poor and sustainable models
Parallel Sessions VI Networks: Reaching the Customer
2:15–3:45 p.m.
Panel I: Financial Infrastructure, Innovation and New Models being developed for Cross-border Remittance Services
Many developments and innovations are taking place “behind the scenes”, in areas that most remittance senders and recipients often do not see.
Financial infrastructures that support the processing of remittances are critical for innovation and new product developments in remittances. This session will discuss recent innovations and developments and their implications on remittance markets in terms of competition, technological innovation, and costs.
Panel II: Rural Access and Financial Services: Expanding the Market
The path to financial democracy presents both great challenges and historic opportunities. This is particularly true in rural areas where the scale and scope of remittances coupled with banking, microfinance services, and postal financial services can be a powerful lever to open up financial systems.
This panel will present and discuss the possibilities of expanding and deepening the remittance market in rural areas while promoting financial inclusion as well as its limitations.
Parallel Sessions VII Financial Services: Models and Best Practices
4:00-5:30 p.m.
Panel I: International Mobile Remittances and Financial Services: Opportunities and Limitations
Over recent years, mobile phone domestic payment services have been launched in numerous markets, as in the Philippines. However, few, if any, of these services offer customers the option of sending cross-border remittances. This panel of practitioners and experts will discuss the current impediments and opportunities to the launch of international mobile remittance services.
Panel II: Reaching the Last Mile: Success Stories and Challenges
Non-bank financial institutions such as MFIs play a significant role in expanding financial services in rural areas and to the t raditionally underserved. The growth of remittance flows to MFIs? target groups presents tremendous opportunities to such financial institutions to cross-sell their financial services, and thus, deepen their impact on local economies. This panel will offer insights on the opportunities and challenges associated with non-traditional service providers in the remittance market, including services in rural areas
May 22, 2013 - Day Three: From Financial Literacy to Investments Models
Plenary Session VIII: Remittances and Financial Inclusion: From Financial Literacy to Investments Models
8:30-9:45 a.m.
Role of Financial Inclusion Policies for Remittances
Remittances can introduce migrants and their families to a broader range of financial services and/or financial service providers. Migrants and their families may have little access to, or be at ease with financial services other than remittances. Effective access to a broader range of financial services may enable migrants and their families to more effectively manage their financial resources to meet their immediate and longer term needs, and thus provide the tools they need to leverage their limited resources to enhance their economic well-being. Building on discussions of the panel of "Remittances and cross-selling of financial products", this panel will focus on how public policies can support the initiatives of leveraging remittance services to provide effective access to a broader range of financial services.
9:45-11:00 a.m.
Financial Literacy and Consumer Protection
The realities of transnational migration and transnational families are often more complex than expected. Financial literacy can play an important role in formulating clear financial goals, defining the pathway to achieve them, identifying risk-mitigation strategies and providing entrepreneurship and investment training. This panel will address various methods of providing financial education and highlight how different kinds of insti tutions can help migrant workers and their families make the most of their hard-earned money.
11:15 a.m.-12:45 p.m.
Diaspora capital: Entrepreneurship, Investment and Financial Intermediation
With more than 215 million people–3 per cent of the world?s population–now living outside their home countries, diaspora communities play a vital role in the economies of many nations. While the remittances that migrant workers send back home secures short-term needs, providing them with opportunities for investing these funds and their savings for longer-term sustainable development remains a challenge. This panel will discuss and present best practices and models aimed at supporting migrant communities to leverage their hard-earned funds and their dedication to their home communities to increase the impact on local economic development.
Plenary Session IX: Innovation Awards Ceremony
2:00-3:15 p.m.
“Migration and Development in the Remittance Marketplace: Innovation and Impact”
In the context of the Global Forum on Remittances 2013, IFAD?s Financing Facility for Remittances (FFR) will conduct an awards ceremony highlighting the most innovative and successful projects financed since the Facility?s inception in 2006.
With over 50 projects financed in more than 40 countries, the FFR will select the three best projects in the following categories, each reflecting one of the Facility's core objectives. Project representatives will be given the opportunity to present the results of their initiatives.
* Expanding financial services to rural areas
* Enhancing impact through cross sector partnerships
* Diasporas investment models Award sceremony and presentations Closing Remarks
Plenary Session X: Conclusion and Recommendations: Role for stakeholders
3:30–4:30 p.m.
Sum-up by Panel Chairs
Day I: Remittances and Development
Day II: Remittance Markets and Innovations
Day III: From Financial Literacy Investments Models
4:30–5:15 p.m.
Road ahead and Conclusions
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10.
Immigration and the Republican Model in France
12:00 p.m., Wednesday, May 22, 2013
Eleanor Roosevelt College Administration Building, Room 115
University of California, San Diego
9500 Gilman Drive, Mail Code 0548
La Jolla, CA 92093-0548
http://ccis.ucsd.edu/2013/05/james-f-hollifield-immigration-and-the-repu...
Description: To what extent is the French republican model still viable in debates over immigration and integration in France today? Viewed from the perspective of the last thirty years, which saw the rise of a powerful anti-immigrant political movement, the Front National, one might conclude that immigration in postwar France has been raging out of control. Yet despite the remarkable showing of the Front National in recent presidential elections, France has remained a relatively open immigration country, a tradition which dates from the middle of the nineteenth century. Annual levels of immigration have not fallen much below 100,000 since the early 1950s, the right to asylum has been respected by every postwar government, and France has maintained what is arguably the most liberal naturalization policy in Western Europe. How can we explain this continuity in the midst of crisis? I argue that the continuity in the principles and outcomes of French immigration policy is closely linked to the power of the republican model and to the limits of control that are a function of rights-based politics.
Speaker:
James F. Hollifield
Ora Nixon Arnold Professor of International Political Economy
Department of Political Science and
Director of the Tower Center for Political Studies
Southern Methodist University
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11.
Certificate in International Migration Studies
XCPD-702 - Human Trafficking
Course Details: The subject of human trafficking, or the use of force, fraud or coercion to transport persons across international borders or within countries to exploit them for labor or sex, has received renewed attention within the last two decades. In the United States, human trafficking became a focus of activities in the late 1990s and culminated in the passage of the Trafficking Victims Protection Act (TVPA) signed into law on October 16, 2000. With the enactment of the TVPA, the United States took a lead in combating human trafficking, prosecuting traffickers, and protecting victims. In this course students will assess the different legal frameworks used to combat human trafficking around the world and analyze the different discourses used to discuss the trafficking phenomena. Students will also explore the characteristics and special needs of victims (adult and child victims, girls and boys, women and men), their life experiences, and their trafficking trajectories; discuss the modus operandi of traffickers and their networks; debate the effectiveness of governmental anti-trafficking policies and the efficacy of rescue and restore programs; and identify research gaps. The course places special emphasis on evidence-based research and strategies.
Course Objectives:
The subject of human trafficking, or the use of force, fraud or coercion to transport persons across international borders or within countries to exploit them for labor or sex, has received renewed attention within the last two decades. In the United States, human trafficking became a focus of activities in the late 1990s and culminated in the passage of the Trafficking Victims Protection Act (TVPA) signed into law on October 16, 2000. With the enactment of the TVPA, the United States took a lead in combating human trafficking, prosecuting traffickers, and protecting victims. In this course students will assess the different legal frameworks used to combat human trafficking around the world and analyze the different discourses used to discuss the trafficking phenomena. Students will also explore the characteristics and special needs of victims (adult and child victims, girls and boys, women and men), their life experiences, and their trafficking trajectories; discuss the modus operi and of traffickers and their networks; debate the effectiveness of governmental anti-trafficking policies and the efficacy of rescue and restore programs; and identify research gaps. The course places special emphasis on evidence-based research and strategies.
At the completion of the course, a successful student will be able to:
* Assess legal frameworks used to combat human trafficking around the world.
* Analyze the different discourses used to discuss the trafficking phenomena.
* Analyze the characteristics and special needs of victims.
* Discuss the modus operandi of traffickers and their networks.
* Debate the effectiveness of governmental anti-trafficking policies and the efficacy of rescue and restore programs.
* Identify research gaps.
Location:
Main Campus, Clarendon
3101 Wilson Boulevard, Arlington, VA
http://scs.georgetown.edu/departments/course_nc.cfm?ref=program&dId=5&cI...
Class Meets: Wednesday-Friday, June 5-7, 2013, 8:30 a.m.-5:00 p.m.
Tuition: $895.00, 24 contact hours
Instructors: Elzbieta Gozdziak, Lindsay Lowell, Susan Martin, and Andrew Schoenholtz
Register at link
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12.
AILA Annual Conference on Immigration Law
Wednesday-Saturday, June 26-29, 2013
San Francisco, CA
http://www.ailadownloads.org/agora/inpersonconfprog/2013/AILA-AC2013-Pro...
Conference agenda:
WEDNESDAY, JUNE 26, 2013
FUNDAMENTALS BOOTCAMP
5:00-6:00 p.m.
Who’s Doing What to Whom? An Agency Overview
This panel is designed to give the practitioner who is new to immigration law an overview of the government departments involved in the administration of immigration laws.
*U.S. Department of Homeland Security: USCIS, ICE and CBP
*U.S. Department of State: NVC, Consular Posts, and VO
*U.S. Department of Justice: EOIR: OIJ, BIA, and OCAHO
*U.S. Department of Labor: Office of Foreign Labor Certification and BALCA
*Peripheral Agencies and Issues: SSA; DMV, etc.
6:00-7:00 p.m.
Nonimmigrant Visa Basics
The foundation of an effective knowledge of nonimmigrant visas starts with the Immigration and Nationality Act and the Code of Federal Regulations. This panel provides that foundation. It is an excellent orientation for lawyers who are new to the subject.
*Definition of Key Terms
*What Is a Nonimmigrant?
*Admission, Extension, Change, and Maintenance of Status
*Visa and Admissibility Issues
7:00-8:00 p.m.
Overview of Family-Based Immigration
This panel will provide practitioners with a basic overview of family-based immigration concepts, including adjustment of status, consular processing, conditional residence, and documentation used in establishing the bona fides of a relationship.
*Preference Categories
*Consular Processing and Adjustment of Status
*Priority Date Issues: Visa Bulletin and Backlogs
*INA §204(l) and Widows/Widowers
*Affidavits of Support: Income, Assets & Joint Sponsors
*Bona Fide Marriage: Evidence and Bona Fide Marriage Exemption
*I-751/Conditional Residence: Joint Filing vs. Waivers, Divorced/Abused, etc.
8:00-9:00 p.m.
Removal, Inadmissibility & Deportation Grounds
This session will provide an overview of removal procedures and a discussion of the grounds of inadmissibility and deportability.
*Introduction to Removal Proceedings
*Grounds of Inadmissibility
*Grounds of Removability
*Waivers
7:00-8:00 p.m.
Challenging Form I-213: What to Do When DHS Alleges Your Client Is a Bad Actor
A Form I-213 can contain damaging information about your client that can have far-reaching effects, even when DHS does not have substantial evidence to support its claims. Panelists will address creative ways to fight I-213 allegations in immigration proceedings and before the federal courts. Specifically, panelists will address allegations relating to gang membership, reason to believe the noncitizen is a drug trafficker, role as a past persecutor, and material support to a terrorist organization.
*Is Form I-213 Admissible in Removal Proceedings?
*Deference and Corroborating Evidence
*Challenging the I-213 in Bond and Removal Hearings
Clinical J-1 Waivers for Physicians
This panel will explore clinical J-1 waivers filed on behalf of physicians who are subject to the two-year home residency requirement under INA §212(e). This session will discuss the different interested government agencies that sponsor these waivers and the various steps involved in the multi-agency waiver process. The panel will also provide practice tips on how to address common issues that arise during the waiver process.
*Filing the Clinical J-1 Waiver Application with Various Interested Government Agencies
*Maintaining Your Client’s Status Throughout the Process
*Travel During the Waiver Process
*The “90 Day” Rule
*“Extenuating Circumstances” Transfers
*“One Waiver Per Customer” and Other DOS Oddities
Current Trends and Advanced Practice Strategies in VAWA Cases
Attend and learn strategies from the experts to help the most vulnerable clients. This panel will focus on current trends and advanced practice strategies that are successful in today’s filings.
*VAWA Reauthorization Issues
*Adjudication Trends and Strategies to Build a Winning VAWA Case
*VAWA Waivers and Statutory Exceptions to Inadmissibility and Deportability
*Derivative Beneficiaries
Masters Business: Hot Topics with EB-5 Regional Centers
This masters panel will discuss topical issues with representing regional centers. Topics will include, but are not limited to:
*Recent RFE Trends in Regional Center Projects
*Job Creation and Impacts Analysis
*Regional Center Amendments: When, What, How
*Material Change Issues Related to Modification of Project
*Advanced Professional Responsibility Issues
Visa Waiver Issues
This panel focuses on eligibility for visa waiver admission, adjustment of status filing issues, and the rights that are given up and retained by Visa Waiver entrants.
*Rights and Remedies at the Port of Entry
*30/60 Day “Rule”
*Removal Without a Hearing Under INA §217
*Eligibility for Adjustment of Status After Entry of an INA §217 Removal Order and Other Ways to Challenge the Order
*Eligibility for Adjustment of Status During/After Asylum-Only Proceedings
8:00-9:00 p.m.
Masters Business: Effects of Corporate Restructuring on Nonimmigrant and Immigrant Visas
This panel will examine the different types of company reorganizations in an increasingly more global and complex marketplace. The speakers will discuss the effects on nonimmigrant and immigrant visas when a company undergoes restructuring, such as a merger, acquisition, spin-off, or bankruptcy.
*Different Types of Reorganizations and What to Look For
*When Amendment or New Nonimmigrant Petition Is Required
*What Qualifies as a “Successor-in-Interest” in the Context of Immigrant Visa Processes?
*Working with Employers to Reduce the Disruption to Their Workforce During Reorganization
8:00-9:00 p.m.
Motions to Suppress & Immigration Court Challenges to Illegal Government Action
This panel will focus on motions to suppress and related immigration court strategies challenging illegal government action, including advocating termination of proceedings based on government violations of statutes, regulations, and policies. Panelists will discuss the latest develop.m. ent in the law, including the impact of the U.S. Supreme Court’s decision in Arizona v. U.S. on claims involving illegal local law enforcement action. Practice tips will be provided about how to present a motion to suppress and/or terminate in immigration court.
*Update on Legal Landscape, Including Arizona v. U.S.
*Winning Grounds for Suppression of Evidence
*Termination of Proceedings as a Separate Basis
*Tips for Presenting Your Motion in Court
T and U Advanced Practice
Noncitizens who have been victims of certain crimes or international trafficking may be eligible to apply for T or U visas. This panel will focus on advanced practice strategies and advocacy.
*Adjudication Trends and Strategies to Build a Winning T and U Case
*Practice Tips for Dealing with Local Law Enforcement and Obtaining Certification
*Complex Inadmissibility and Related Waiver Issues, Including Permanent Bar, Reinstatement, Alleged Gang Affiliation, and Marriage Fraud
*Derivative Beneficiaries
*Issues for Adjustment of Status
Visa Strategies for Foreign Entrepreneurs and Start-Up Companies
Visa strategies for foreign entrepreneurs and start-up technology companies are of increasing importance if the United States is to stay competitive in a global economy. This panel will explore options, obstacles, and challenges inherent in attracting and keeping talented entrepreneurs in the United States.
*Legislative Initiatives: Has Startup America Had a Positive Impact on Global Entrepreneurs?
*Is the H-1B Option Available to Sole Employee Entrepreneurs?
*Can Venture Capital Funding Qualify as an Investment for E-2 Purposes?
*Could a Young, College-Dropout, Start-Up Entrepreneur Be an O-1 Candidate?
*Silicon Valley “Budding Entrepreneurs” Programs: When Is a Visa Required?
*Options Available to STEM graduates
What Do I Do If?
This roundtable will cover issues related to adjustment of status cases that can cause practitioners to lose sleep, and maybe question their choice of profession. For example:
*Couple Splits Up Before the Adjustment Interview or During the Period of Conditional Residence
*Traveling with a Pending Application for Adjustment of Status
*Client Plans to Lie
*Criminal Offenses After the Application for Adjustment Has Been Filed
THURSDAY, JUNE 27, 2013
10:00-10:30 a.m.
Keynote Address: Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services, DHS, Washington, DC
10:30 a.m.-12:00 p.m.
Hot Topics Strategy Session with the AILA National Officers
11:00 a.m.-12:00 p.m.
IPC Immigration Policy Panel: Immigration Crystal Ball: What Do We Foresee in Immigration Reform
This panel, sponsored by the Immigration Policy Center, will provide an update on the status of immigration reform and provide an analysis of prospects for the future.
*What Is the Current State of Play for Immigration Legislation?
*How Are Issues Such as Family and Employment-Based Immigration, Legalization, and Due Process Being Addressed?
*What Is the Community Response and How Will That Affect the Future of a Bill?
FUNDAMENTALS
11:00 a.m.-12:00 p.m.
NIVs: Part I
This panel will introduce some of the nonimmigrant options available to non-citizens who wish to come to the United States temporarily.
*Just Visiting/Passing Through: B Visitors, C/D, Visa Waiver
*Studying/Training: F, J, M
*Family NIV: K, V
*Law Enforcement Assistance: S, T, U
*Cultural Exchange: Q
*Ones You'll Rarely See: I, A, G, NATO
11:00 a.m.-12:00 p.m.
NIVs: Part II
This panel will introduce and discuss the most widely used nonimmigrant options for the non-citizen wishing to come temporarily to the United States for employment.
*Temporary Workers & Trainees: H-1B, H-2A, H-2B, TN, E-3, H-3
*Treaty Investor/Trader Visa: E
*Intracompany Transfers: L
*Artists/Entertainers/Extraordinary Individuals and Groups: O, P
*Religious Workers: R
1:35-2:35 p.m.
Employment-Based Immigration: The Preference Categories
This session will provide a basic overview of the immigrant visa preference system; criteria for the different preference categories; numerical limitations; the Visa Bulletin; and other key concepts, rules, and procedures relating to the employment-based immigration process.
*What Is Employment-Based Immigration?
*What Are the Preference Categories and Requirements?
*Which Categories Require a Job Offer?
*Which Categories Do Not Require Labor Certification?
*How to Read the Visa Bulletin, How Are Visa Numbers Calculated, and Numerical Limitations
2:40-3:40 p.m.
Labor Certification 101 (PERM): Foundation/Drafting the Job Description
This panel is intended for practitioners who are new to the Labor Certification process. Panelists will introduce the PERM process, and then will describe how to work with employers to present a PERM-friendly job description that accurately reflects the duties and minimum requirements of the job. Panelists will also discuss obtaining evidence to establish that the beneficiary is qualified to perform the job.
*Introduction/Concepts in Labor Certification (PERM)
*Job Descriptions and Minimum Requirements
*Obtaining Experience Letters
*The Basics of Degree Equivalencies
*Alternative Requirements
4:00-5:00 p.m.
Labor Certification 102: Recruitment
This panel will describe the recruitment requirements for labor certification applications. Panelists will explain how practitioners can legally and ethically work with employers to successfully complete the recruitment process.
*Key Time Frames/Deadlines for Conducting Recruitment and Filing the Labor Certification Application
*How to Place the Job Order, and For How Long
*Advertising Requirements
*Screening Applicants
*How to Complete the Recruitment Summary
*Common Pitfalls
12:30-1:30 p.m.
Common Staffing Nightmares: What Keeps You Up at Night?
You may have IT people to care for your computers, but how do you know they are doing it right? Are you sure you completely trust your bookkeeper? Your paralegals? If they lie, cheat, steal, or are incompetent, it’s your license and reputation. Learn what you can do to oversee their work even if you don’t watch them every minute of the day.
*Keys to Choosing Your Teammates
*Corporate Culture: What Would You Like Yours to Be?
*Successful Systems of Cross-Checks and Cross-Reliance
*Make Them Happy!
Family Practice Ethics
Family-based immigration practice requires a practitioner to be well-versed in ethical responsibilities regarding: dual representation; immigration and criminal history; and marital fraud. This panel will discuss how to maintain an ethical practice.
*Dual Representation Issues: Who Is the Client?
*How Does Separation or Divorce Affect Representation?
*Dealing with Affidavit of Support Co-sponsors
*When and How to Terminate the Attorney-Client Relationship
*Addressing Negative Information or Ineligibility Factors Before a Tribunal
Wonders of Your Website Revealed in One Hour
Do you wonder if the claims of search engine marketing consultants are true? Can you effectively do this yourself or should you hire a consultant? This panel will feature a few easy-to-learn web-based tools that anyone can use.
*Search Engine Marketing and Optimization
*Beyond Marketing: Using the Internet to Leverage Your Practice
*Extreme Makeover: Lawyer Website Edition and Social Media
ASYLUM
1:35-2:35 p.m.
Particular Social Groups
Panelists will discuss how best to present an asylum claim based on a particular social group. They will share their experiences and provide examples for which particular social groups may prove viable based on the latest in BIA and circuit law.
*How to Frame a Particular Social Group Claim
*Strategies Regarding BIA’s “Social Visibility” and “Particularity” Requirements
*Claims of Persecution by Gangs or Law Enforcement
*Updates on Particular Social Group Recognitions
*Lessons Learned
2:40-3:40 p.m.
Hot Topics: Statutory Bars to Asylum and Withholding of Removal
Panelists will define and present some emerging exceptions to the one-year, material support, persecutor, and terrorism bars. They will also discuss how relief under the Convention Against Torture (CAT) may be a welcome alternative to removal.
*One-year Filing Deadline and Emerging Exceptions
*What Constitutes Material Support?
*Who Are Persecutors and Terrorists?
*CAT as an Alternative Claim
4:00 p.m.-5:00 p.m.
Developing and Preserving Issues in Convention Against Torture Claims
This panel will address emerging issues in claims for protection under Article 3 of the Convention Against Torture (CAT). Panelists will review develop.m. ents in case law relating to the definition of torture and how to effectively use international law standards interpreting CAT.
*Definition of Torture and Government Acquiescence: Level of Harm & Specific Intent
*Using International Law Standards
*Getting Your Client Released from DHS Custody
*Judicial Review
BUSINESS
1:35-2:35 p.m.
NIV RFEs: Understanding the Adjudicator’s Perspective & Strategies For Success
Perhaps RFEs are unavoidable. But, that does not mean that we cannot understand what triggers them, and what drives adjudicators to go from RFE to denial. Focusing on nonimmigrant petitions, this panel will discuss how to identify adjudicators’ concerns and how to successfully address them.
*NIV RFE and Denial Templates: What Do They Teach Us?
*Trends in H-1B and L-1 RFEs
*Convincing the Adjudicator: Strategies
*The Client’s Role: Developing the Theory of the Case
2:40-3:40 p.m.
IV RFEs: Understanding The Adjudicator’s Perspective & Strategies For Success
Perhaps RFEs are unavoidable, but that does not mean we can't understand what triggers them, and what drives adjudicators to go from RFE to denial. Focusing on immigrant petitions, this panel will discuss how to identify the concerns of adjudicators and address them successfully.
*IV RFE and Denial Templates: What Do They Teach Us?
*Multi-national Managers: New Tactics for Function Managers
*Issues in PERM-based Cases
*Convincing the Adjudicator: Strategies
*The Client’s Role: Developing the Theory of the Case
4:00-5:00 p.m.
The Visa Bulletin: A View from Charlie Oppenheim’s Desk
The movement of the numbers on the Visa Bulletin, forward and back, is one of the most poorly understood areas of immigration practice. Primary sources from the U.S. Department of State (DOS) will provide insight into the following:
*Interaction Between Family– and Employment-Based Preferences
*Interaction Between USCIS and DOS on Visa Numbers
*Charting the Interaction
*FY 2014 Projections and Beyond
Michael P. Nowlan (DL), AILA Business Immigration Committee Chair, Detroit, MI
Christopher A. Teras, Annandale, VA
CRIMMIGRATION
1:35-2:35 p.m.
The Latest on the Categorical Approach: Not Dead Yet!
Panelists will bring you up to speed on the latest develop.m. ents in the categorical approach at the BIA, the circuit courts, and the U.S. Supreme Court.
*Current Status of the Categorical Approach
*Modified Categorical Analysis following Matter of Lanferman
*Nijhawan, Kawashima, and Circumstance-specific Approaches
*Silva-Trevino and Moncrieffe: Proving a Negative by Examining Facts to Determine Removal Consequences
2:40-3:40 p.m.
Padilla Retroactivity: What's the Deal?
In 2010, the U.S. Supreme Court issued its decision in Padilla v. Kentucky, holding that failure to advise criminal aliens of the potential deportation consequences resulting from guilty pleas constituted ineffective assistance of counsel. Panelists will assess the state of the law on whether the Supreme Court's decision in Padilla applies retroactively, and discuss the interplay with statutes that limit the period of time to seek post-conviction relief.
*Overview of Vacaturs of Conviction and their Impact on Immigration Status
*Chaidez v. U.S.: Is Padilla Retroactive or Not?
*Strickland Standards
*Lawyer's Duty versus the Court's Duty
*Statutes Imposing Time Limits on Seeking Post-conviction Relief and Teague Applicability
4:00-5:00 p.m.
Immigration Defense in Illegal Reentry and Other Federal Criminal Cases
Illegal reentry prosecutions represent the fastest-growing type of criminal case in federal courts today. This panel will be a primer for the experienced immigration law practitioner, and provide the tools necessary to fill an area of systemic need: quality, effective representation to defendants who often have never had a lawyer recognize their unique situations.
*Elements of an Illegal Reentry Case
*Defense to Illegal Reentry: Collateral Attacks and Post-departure Motions to Reopen of Unlawful Removal Orders
*Entering or Getting Appointed as CJA Counsel on Illegal Reentry Cases, Getting Clients, and Obtaining Funding to Defend
*Impact of Padilla v. Kentucky on Immigration Counsel Appointments in Federal Criminal Cases
FAMILY
1:35-2:35 p.m.
“Ain’t Too Proud To Beg”: USCIS District Office Practice
This panel will review some of the many issues involved with local USCIS district office practice, including preparing for and attending adjustment and naturalization interviews, obtaining emergency travel authorization, following up on long pending applications, performing case inquiries, and how to best liaise with local USCIS officers. It also will highlight regional differences in practice and provide tips for working within the specific culture of various local offices.
*Preparing for Local Adjustment and Naturalization Interviews
*When and How to Reschedule Appointments and Oath Ceremonies
*Obtaining I-551 ADIT Stamps and Emergency Advance Parole Travel Authorization
*Following-up on Long-Pending Cases
*It Doesn’t Always Have to Be Adversarial: Finding Common Ground with Local USCIS Officers
2:40-3:40 p.m.
NOIDs and RFEs in Family Cases
The practitioner faced with a Request for Additional Evidence (RFE), and especially with a Notice of Intent to Deny (NOID), has limited time to react. This session will discuss how to respond to RFEs and how best to deal with NOIDs.
*Respond, Request Additional Time, or Evidence Requested Is Not Available
*Common Reasons for NOIDs & RFEs
*Decoding Confusing NOIDs & RFEs
*Denials: Motions to Reopen and/or Administrative Review
*Addressing Government Error: Working with Field Offices/Service Centers
*Refuting Incorrect or Inconsistent Information in Databases (Accurint/Choicepoint)
4:00-5:00 p.m.
Dreaming About Deferred Action, Deferred Action for Childhood Arrivals (DACA)
From June 2012 to June 2013, what has happened with President Obama’s plan for deferred action for qualified young immigrants, DACA? Learn about the top issues in deferred action requests.
*Interpreting the Requirements and Understanding the Risks
*Criminal Issues: Significant Misdemeanors, Multiple Convictions, Juvenile Offenses, and Other Offenses
*To Travel or Not to Travel, and How Foreign Travel Will Affect Future Case Options
*Removal Proceedings, Final Orders of Removal, and Stays of Removal
*Other Available Forms of Prosecutorial Discretion
FRIDAY, JUNE 28, 2013
7:30-8:30 a.m.
Challenging Business Denials in Federal Court
An adverse agency decision may not need to go to BALCA or AAO for resolution before suing in federal district court. This panel will explore situations in which it may make sense to bypass BALCA or the AAO and will provide instruction on the mechanics of litigating a business immigration case in federal district court.
*Who Needs BALCA and the AAO?: Advantages and Disadvantages of Administrative Appellate Review
*APA Review of Final Agency Action
*Mandamus and Declaratory Actions
*Practical Considerations
Effective Strategies for Dealing with ICE Detainers
Your client has been arrested and now has an ICE detainer—an increasingly common scenario in light of the Secure Communities Initiative. Panelists will discuss how the immigrant detention system operates and courses of action available.
*Understanding the Immigrant Detention System and ICE Detainers
*Legal Challenges to ICE Detainers
*Federal and State Habeas Jurisdictional Issues
*Effective Organizing Around Detainers
Fundamentals: Labor Certification 103: The Basics of Audits, Supervised Recruitment & Denials
Panelists will discuss how the U.S. Department of Labor uses audits and supervised recruitment in the Labor Certification process. Practitioners will learn how to work with employers to properly respond to these actions.
*What Is an Audit?
*What Are Some Typical Audits and Trends?
*What Is Business Necessity? How Do I Show It?
*What Is Supervised Recruitment? How Does It Work?
*What to Do if Case Is Denied
Immigration and the LGBT Client
How do we best represent and advocate for our LGBT clients? This panel will provide an in-depth review of the cutting edge issues in LGBT cases, from visitor visas to immigrant visas.
*What Are the Nonimmigrant Options for LGBT Clients and Same Sex Couples?
*To File or Not to File: What Happens with Concurrently Filed I-130/I-485s?
*Status of Partners/Same Sex Spouses, and Qualifying Relatives for Waiver Applications; Matter of Dorman
*Review of Prosecutorial Discretion in Same Sex Marriage Cases; Current Patterns in Remands, Terminations, and Administrative Closing of Proceedings; and Deferred Action Adjudications
Oops! The Top 10 Mistakes Made by Business Immigration Practitioners and How To Deal With Them
It’s easy to make mistakes, when preparing and filing employment-based petitions and applications, but it’s hard to know what to do about them. Don’t let your blunders result in a lost client or worse. With this panel, you’ll learn tips and tactics to help you anticipate the most common mistakes so that they don’t happen, and clean up afterwards if they do.
*Sins of Omission
*Sins of Commission
*Smoothing Clients’ Ruffled Feathers
*Taking Ethical Considerations into Account
The Ins and Outs of Visa Fraud
Representing clients at U.S. consular posts can be an exercise in frustration. One of the principal reasons for this is the concern about visa fraud at a given consular post. In this panel, practitioners will learn how DOS Diplomatic Security investigates suspected visa fraud, and what they can do for their clients in posts with a high rate of fraud.
*What Is Visa Fraud?
*Who Investigates Cases of Suspected Visa Fraud?
*How Do Consular Officers Detect Visa Fraud?
*Best Practices for Attorneys Who Represent Visa Applicants at High Fraud Posts
BUSINESS
8:35-9:35 a.m.
Sudden Impact: The Effect of DOL FAQs and BALCA Decisions on the PERM Process
You've read the PERM regulations from start to finish. Think you know everything you need to know in order to prepare and file a successful PERM application? Not so fast! DOL FAQs and BALCA decisions can significantly impact the PERM process. This session will address pertinent information not in the regulations that practitioners need to know. Panelists will identify recent FAQs and BALCA decisions and provide advice on what to do when they impact a case midstream.
*Recent FAQs Practitioners Should Be Aware Of
*Legal Weight of FAQs
*Recent Game-Changing BALCA Decisions
*How to Proceed When a FAQ or BALCA Decision Is Issued Post Recruitment or Filing
9:40-10:40 a.m.
DOL Is Watching: Supervised Recruitment Cases
Although the regulations for supervised recruitment have been on the books for years, they were rarely used by the U.S. Department of Labor. More recently, however, DOL is requiring supervised recruitment in more and more cases, even though the detailed procedures are still a work in progress. This session will help attorneys who handle PERM cases understand when supervised recruitment is likely to occur and how to prepare for it.
*Supervised Recruitment Triggers: Planning Ahead
*DOL Procedures in a Supervised Recruitment Case
*Effects of Withdrawing a Case After Supervised Recruitment Has Been Ordered
*The Ultimate Punishment: Debarment
11:00 a.m.-12:00 p.m.
Things I Hate About PERM
All too often, DOL will deny PERM applications based upon “gotcha” procedural errors, even though no clear instruction about the “correct procedure” appears in either the PERM regulations or the PERM FAQs. This advanced level panel will address practical problems that often occur in day-to-day PERM practice, to help counsel avoid stepping on hidden legal landmines. Panelists will address headaches that can arise anywhere during the lifecycle of the PERM application.
*Issues in Preparing the Case (Job Description, Working the Employer, etc.)
*Issues in Recruitment
*Timing and Timelines
*Hypersensitive Document Preparation
1:35-2:35 p.m.
L-1 for the Experienced Practitioner: Part I (Service Center Based Filings)
This two-part session will review the more nuanced issues that arise in the L-1 practice of the seasoned practitioner. Part I will address Service Center-based filings, while Part II will address Blanket Ls. Issues to be covered in Part I will include:
*Offensive Drafting Tips
*CSC vs. VSC and L-1A vs. L-1B
*Ah Yes, and Those RFEs: Review of Recent Trends
*Anticipating Offsite Employee Issues
2:40-3:40 p.m.
L-1 for the Experienced Practitioner: Part II (Blanket Ls)
Part II of this two-part session will address Blanket Ls. Issues to be covered in Part 2 will include:
*The Practical Application of the Five-Year L Visa
o What Documents Are Shown at the Border?
o How to Get a Newly-Endorsed I-129S from a Consular Post After Three Years
*The Blanket L
o Advantages to Consular Processing
o The First Extension
o Amendments
*Blanket L Applications at a Canadian POE or PFI
o Processing from CBP to USCIS
o “Individual” Approval Notices
4:00-5:00 p.m.
EB-5: The Essentials of Investment
No matter how much immigration experience you might have, EB-5s might still be a mystery. This panel addresses the basics of the EB-5 petition, focusing on fundamental issues to consider before getting started. Topics include:
*Individual vs. Regional Center Petitions
*Choosing a Regional Center
*Documenting the Requirements: Funding Issues, Employment Creation, and Securities Issues
*Drafting Form I-526
*Removal of Conditions: Preparing at the Outset
*Ethical Considerations
NATURALIZATION/FAMILY
8:35-9:35 a.m.
Panning for Gold: Affidavit of Support Issues
The affidavit of support often is the target of RFEs that can delay issuance of an EADs, travel documents, or adjustment interviews. This advanced panel will discuss how to make your client’s affidavit of support survive initial and final USCIS review.
*Methods of Meeting the Poverty Guidelines and Alternate Sources of Income
*Waivers of the Affidavit Requirement
*Ethical Issues
*Death of the Sponsor
*Enforcement Issues and Recent Case Law
9:40- 10:40 a.m.
The Top Five Inadmissibility Issues
Immigration law has a seemingly endless number of inadmissibility grounds, but practitioners regularly encounter the same issues. Learn strategies, tactics, and trends for handling the most common inadmissibility issues.
*Preconceived Intent: When Is It Fraud and When Is It Benign?
*Navigate Possible Criminal Issues
*Phony Social Security Cards, Fake Green Cards, and False Claims to Citizenship
*The Ins and Outs of the Three– and Ten-Year Bars
*Unlawful Presence and Permanent Bar Issues
11:00 a.m.-12:00 p.m.
Unlawful Presence
Unlawful presence exemplifies many of the problems with immigration law and advising noncitizens. Years after this concept was introduced into immigration law, we have a statute but no regulations. Instead, we have to rely on nonbinding and contradictory sub-regulatory guidance, anecdotes, and assumptions, with potentially disastrous consequences for our clients. This panel will help practitioners identify some of the uncertainties in this area of law and develop tools to better advise clients.
*BIA Case Law and Circuit Splits
*Conflicting Agency Interpretations
*Unresolved Issues with Minors, Visa Exempt Visitors, and Pre-IIRAIRA Unlawful Presence
*Eligibility for Waivers
1:35-2:35 p.m.
Provisional Waivers
When USCIS announced its intention to develop a stateside provisional waiver process, it was viewed with excitement. The expectation was that for those granted a provisional waiver, the consular interview would be a mostly routine process. This panel discusses the facts versus the fiction of the new provisional waiver process.
*Should I File a Waiver?
*Who Qualifies and What Does It Waive?
*Preparing the Documentation
*Process and Procedure for the I-130/601 Waiver
*Preparing Your Client for a Consular Interview When a Provisional Waiver Has Been Granted Stateside
*Options If the Waiver Is Denied?
2:40-3:40 p.m.
I-601 and I-212 Waivers: Tips for Proving Extreme Hardship
What is “extreme hardship?” This panel will provide tips on how to prepare a waiver application that will satisfy the “extreme hardship” standard and will discuss current case law, agency policy, and a review of current trends in adjudicating hardship waivers.
*Tips, Strategies & Procedures for Presenting an I-601 or I-212 Waiver
*Current Definition of Extreme: Obtaining a Favorable Exercise of Discretion
*Providing Supporting Documentation to Meet the Evidentiary Standard
*Other Factors: Hardship from Non-qualifying Relatives, Humanitarian Factors, and Government Errors
*Options After Denial
4:00-5:00 p.m.
Guide Me Through the Fog: Options After Denial of a Family Petition
USCIS may deny a family petition based on insufficient proof, adverse information, or other unexpected reasons. This panel will discuss your client’s options if a denial is received, and best practices for the practitioner who must respond.
*Challenging Boilerplate Decisions by USCIS
*Notice and Opportunity to Rebut Adverse Information
*Motions to Reopen, Reconsider, Refile, Appeal, or Other Options Before USCIS
*Changing Agencies: Appeals to the BIA
*Is Judicial Review Possible?
*Ethical Considerations
FEDERAL LITIGATION/BOND/DETENTION
8:35-9:35 a.m.
Discovery Practice Before Immigration Court
Requesting records from the different agencies within DHS under the Freedom of Information Act (FOIA) is only the first step of discovery practice to prepare a case before the immigration court. Independent background checks on clients and witnesses have become critical components of the practice. Panelists will provide a step-by-step guide about FOIA requests, independent investigations, when to request subpoenas and depositions, how to get your requests granted by the immigration court, and what to do once your requests are granted.
*FOIA: USCIS, CBP, ICE, EOIR
*State Background Checks and Use of Public Records
*Subpoenas: Regulatory and Immigration Court Practice Manual
*Depositions: Regulatory and Immigration Court Practice Manual
9:40-10:40 a.m.
Challenging Retroactivity of BIA Decisions
This advanced session is for experienced practitioners who focus on federal litigation. The panel will discuss different legal frameworks for limiting the scope of negative precedent decisions and develop.m. ents which open up or limit opportunities for relief.
*SEC v. Chenery and Balancing Interests
*Where the Agency Changes Its Position
*Brand X and Retroactivity of Contrary Board Interpretation
*Chevron Oil Test
11:00 a.m.-12:00 p.m.
Bars and Standards in Federal Appellate Jurisdiction
The standards governing federal appellate jurisdiction and the scope of review are complex and perplexing even for the most experienced practitioner. This panel of experts will delve into the most common bars to jurisdiction and standards of review, focusing on practical advice about effective framing of appellate claims. Special focus will be on briefing before the Board of Immigration Appeals to maximize the likelihood of jurisdiction in the U.S. courts of appeals.
*Common Bars, the REAL ID Savings Clause, and the Law/Fact Distinction
*How to Frame Claims and Common Appellate Litigation Mistakes
*Dealing with Chevron Deference
*Smart BIA Briefing as a Precursor to Appellate Review
1:35-2:35 p.m.
Getting Your Client Back to the U.S. After a Federal Court Win
Obtaining the return of your client to the United States after winning your appeal in a circuit court of appeals or U.S. Supreme Court can often be more difficult than the appellate litigation leading to the victory. Panelists will discuss the implementation of and updates to the April 2012 DHS Nken memo.
*Implementation of the DHS Nken Policy Memo
*Additional Litigation Challenges Regarding the Nken Policy Memo
*Custody Upon Return
2:40-3:40 p.m.
Federal Court and BIA Update
Panelists will discuss recent federal court and Board of Immigration Appeals decisions. They will identify areas for future litigation.
*Recent Decisions and Circuit Court Splits
*Impact of Recent Decisions on Pending and Emerging Issues in Litigation
4:00-5:00 p.m.
I Need to Get Out of Jail: Challenges to Mandatory and Indefinite Detention
Seventeen years after the enactment of IIRAIRA, determining whether a client is subject to mandatory detention without the possibility of release can still baffle even the most experienced practitioners. Panelists will discuss issues relating to mandatory and indefinite detentions and strategies for challenging DHS and immigration court decisions. They will also make distinctions between the different sections of the INA mandating such detentions.
*Mandatory Detention Under INA §235 and INA §236(c)
*Challenges to Matter of Rojas and “When Released”
*Challenges to Indefinite Detention
*Shifting Lines of Detention: Does INA §236(c) or INA §241 Apply?
FUNDAMENTALS
8:35-9:35 a.m.
Prevailing Wage Determinations for H-1B Visas and Labor Certifications
This panel will introduce the concept of the “prevailing wage,” as defined by the U.S. Department of Labor. Practitioners will learn the key concepts and methodologies used to obtain a prevailing wage.
*Do I Need a Prevailing Wage Determination from DOL?
*What the Heck Is an SVP?
*What Is O*NET?
*What Is a Job Zone?
*How Do I File a Prevailing Wage Request? How Long Will It Take?
*What Do I Do When DOL Issues the Wrong Prevailing Wage?
9:40-10:40 a.m.
My Labor Certification Was Approved, Now What? Nuts & Bolts of an I-140 Petition
There is life beyond labor certification for the employment-based immigrant visa practitioner. This panel will discuss the second step of a PERM-based immigrant petition—Filing of Form I-140 with USCIS.
*What Is an I-140 Petition? What Are the Requirements?
*Proving the Ability to Pay
*Documenting the Noncitizen’s Qualifications for the Position
*How to Complete the I-140 Form
11:00 a.m.-12:00 p.m.
One-Step Marriage Walk Through
This panel will take you through the nuts and bolts of an entire marriage case, from initial consultation to form filing, preparation of documents and clients, and finally, attending the interview. This may be one of the most standard processes in the field of immigration law, but it is still full of potential pitfalls for your clients.
*Consultation/Intake Issues: Get the Facts, Deal with Tricky Issues Up Front
*Preparing Forms & Filing: I-130, I-485, I-864, and G-325
*Supporting Documentation: What to File, What to Bring to the Interview
*Preparing for Interview: Review Forms for Updates, What Types of Questions Will Be Asked
*Interview: Role of the Attorney
1:35-2:35 p.m.
I-751 Petitions to Remove Conditions from Residency
This panel will discuss joint petitions and explore circumstances when a waiver of the joint filing requirement is needed. The panel also will discuss the impact of removal proceedings on the adjudication of the application and what can be done if there is divorce, abuse, or death after filing.
*The Basis for I-751 Waivers
*Status while Pending and Availability of Late Filing
*I-751 and Removal Proceedings: Matter of Stowers
*What Exactly Is Good Faith?
*Can You File Under Different/Multiple Categories If Circumstances Change?
*Overview of Cases Where There Is Divorce, Abuse, or Death
2:40-3:40 p.m.
Adjustment of Status Issues
This panel will provide an overview of the requirements and issues that arise in adjustment of status cases.
*Basic Requirements and Documentation
*Visa Bulletin and Backlogs
*Including Family Members and Derivatives
*Work Authorization and Travel Permission
4:00-5:00 p.m.
Basics of Consular Processing in Family Cases
Consular processing of family-based cases can be complicated by many things, including: years of waiting; problems establishing relationships when separated by thousands of miles; marriages; divorces; naturalizations; and criminal/immigration history.
*Fiancé(e) & Marriage Petitions: Basics and Tricky Situations
*Marriage to LPR & Other Categories: Visa Bulletin and Documentation
*Children Who Age Out or Marry
*Waivers Overview
GOVERNMENT OPEN FORUMS
8:35-9:35 a.m.
Executive Office for Immigration Review (EOIR) Open Forum
Anthony Drago Jr., (DL), AILA EOIR Liaison Committee Vice-Chair/AILA Board of Governors, Boston, MA
Douglas S. Weigle, AILA EOIR Liaison Committee Member, Cincinnati, OH
* Juan P. Osuna, Director, EOIR, Falls Church, VA
* David L. Neal, Chairman, BIA, EOIR, Falls Church, VA
* Brian M. O’Leary, Chief Immigration Judge, EOIR, Falls Church, VA
* Robin M. Stutman, Chief Administrative Hearing Officer, OCAHO, EOIR, Falls Church, VA
* Jeff Rosenlum, General Counsel, EOIR, Falls Church, VA
9:40-10:40 a.m.
U.S. Citizenship and Immigration Services (USCIS) Open Forum
Ian David Wagreich (DL), AILA USCIS Liaison Committee Chair, Chicago, IL
Jeff Joseph, AILA USCIS Liaison Committee Member/AILA Board of Governors, Aurora, CO
*Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services, DHS, Washington, DC
*Stephen Legomsky, Chief Counsel, USCIS, DHS, Washington, DC
*Denise Vanison, Chief, Office of Policy and Strategy, USCIS, DHS, Washington, DC
* Donald Neufeld, Associate Director, Service Center Operations Directorate, USCIS, Washington, DC
*Donald Monica, Acting Associate Director, Field Operations Directorate, USCIS, Washington, DC
11:00 a.m.-12:00 p.m.
U.S. Immigration and Customs Enforcement (ICE) Open Forum
Anna Marie Gallagher (DL), AILA ICE Liaison Committee Vice-Chair Washington, DC
Kelli Jo Stump, ICE Liaison Committee Member, Oklahoma City, OK
*Peter S. Vincent, Acting Assistant Director, International Affairs, U.S. Immigration and Customs Enforcement, Washington, DC
*Gary Mead, Executive Associate Director, ERO, U.S. Immigration and Customs Enforcement,
Washington, DC
*Andrew Lorenzen-Strait, ERO Senior Advisor, U.S. Immigration and Customs Enforcement, Washington, DC
1:35-2:35 p.m.
U.S. Department of State (DOS) Open Forum
Anastasia Tonello (DL), AILA Department of State Liaison Committee Chair, London, Great Britain
Maria Isabel Casablanca, AILA Board of Governors/AILA Department of State Liaison Committee Vice-Chair, Miami, FL
Jeffrey Gorsky, Chief, Advisory Opinions Division, Visa Office, DOS, Washington, DC
Edward Ramotowski, Managing Director, Visa Services, DOS, Visa Office, Washington, DC
Donald L. Heflin, Managing Director, Visa Office, DOS, Washington, DC
David S. Newman, Director, Office of Legal Affairs, Visa Services, DOS, Washington, DC
2:40-3:40 p.m.
U.S. Department of Labor (DOL) Open Forum
Grace Hoppin (DL), AILA Department of Labor Liaison Chair, San Francisco, CA
Kevin W. Miner, AILA Department of Labor Liaison Vice-Chair, Atlanta, GA
William Carlson, Administrator, Office of Foreign Labor Certification, ETA, DOL,
Washington, DC
Elissa M. McGovern, Chief of the Policy Division, Office of Foreign Labor Certification, DOL,
Washington, DC
Brian Pasternak, Deputy Administrator, Division of Program Operations, DOL,
Washington, DC
4:00-5:00 p.m.
CIS Ombudsman Open Forum
James W. Austin, AILA CIS Ombudsman Liaison Committee Chair, Kansas City, MO
Barbara Bower, AILA CIS Ombudsman Liaison Committee Member, Pittsburgh, PA
Maria Odom, CIS Ombudsman, Office of the CIS Ombudsman, DHS, Washington, DC
Ellen M. Gallagher, Senior Ombudsman, Office of the CIS Ombudsman, DHS, Washington, DC
Frederick R. Troncone, Acting Chief, Employment Section, Office of the CIS Ombudsman, DHS, Washington, DC
4:00-5:00 p.m.
U.S. Customs and Border Protection (CBP) Open Forum
Kenneth J. Harder (DL), AILA CBP Liaison Committee Chair, Houston, TX
Andrew Stevenson, AILA CBP Liaison Committee Vice-Chair, Seattle, WA
John P. Wagner, Executive Director, Admissibility and Passenger Programs, U.S. CBP, Washington, DC
Beverly Good, Admissibility and Passenger Programs U.S. CBP, Washington, DC
Rafael Henry, Program Manager, Admissibility and Passenger Programs, U.S. CBP, Washington, DC
Xavier Rios (Border Patrol), U.S. CBP, Washington, DC
LAW PRACTICE LUNCH SESSIONS
12:30-1:30 p.m.
“Pay Attention to that [Lawyer] Behind the Curtain”: The Role of In-House Counsel
In-house counsel wear two hats, they are counsel to their client, the corporation, and are clients to immigration lawyers. This session will provide outside counsel with insight into the world of the in-house counsel. In addition to discussing the role of the in-house counsel, the session will cover how outside counsel is selected and what is expected of them once selected.
*The Role of In-House Counsel
*Biggest Issues Encountered by In-House Counsel
*Negotiating the Differing Bureaucracies between the Structures of Internal vs. Outside Counsel
*Importance of the Capacity to Provide Global Migration Capabilities to the Organization
*Criteria for Choosing Outside Legal Counsel and Expectations
12:30-1:30 p.m.
Apps to Make Your Practice a Living Bliss
With over a million mobile apps available through various vendors, who has time to find the best ones for immigration lawyers? What tools should you be using to improve your practice and your productivity? This session covers what you need to know to make the decision and get started.
*45 Apps to Keep You Busy, Productive, and Happy
*How to Create a Mobile App for Your Law Firm
*Essential Tech Tools for Every Immigration Lawyer
12:30-1:30 p.m.
The Fine Art of Getting Paid
There's no doubt about it; collecting unpaid bills must be the most demeaning, depressing thing a lawyer has to do. Many hard-working, honest lawyers find that their expectations about getting paid aren’t shared by their clients. How does this happen? And how can they stop it from happening? Join us for an uplifting hour of how to improve your bottom line!
*Letters of Engagements and Fee Agreements: Setting Expectations
*Practical Strategies to Assure Your Service Is Compensated
*Role of Initial Consultations in the Art of Getting Paid
*Forming the Attorney/Client Relationship and Setting a Platform for Mutual Satisfaction
12:30-1:30 p.m.
When Is the Music Over? Closing the Case
There is a great need among immigration practitioners to know the ethical, legal, and business issues related to closing an immigration case. This panel will cover issues of malpractice, file retention, and the creation of goodwill.
*Ethical Issues When Closing an Immigration Case
*Legal Issues When Closing an Immigration Case
*Business-Related Issues When Closing an Immigration Case
*Cost-Savvy Recommendations When Closing an Immigration Case
SATURDAY, JUNE 29, 2013
7:30-8:30 a.m.
Eureka! There’s Gold in That Field (Manual)
The Adjudicator’s Field Manual is defined as the “comprehensive ‘how to’ manual detailing policies and procedures for all aspects” of USCIS adjudications. While it is “intended only for training and guidance of USCIS adjudications, and does not create substantive or procedural rights or benefits,” it is considered ‘policy’ and, as such, is binding on all USCIS personnel. This panel will highlight:
*Using the AFM to Make Your Case
*Where the AFM Is Most Helpful and Most Detrimental
*Shiniest Nuggets
*Weight of the AFM, in General, and in Litigation
Evidentiary Issues in Asylum Cases
Credibility can make or break asylum cases. Panelists will address credibility determinations, the necessity of corroborating evidence under the REAL ID Act, and the effective use of expert witnesses. Lastly, the panelists will discuss the steps regarding independent forensic testing to rebut DHS’s findings of document fraud.
*Credibility: Discrepancies and Mental Health Issues
*REAL ID Act and Corroborating Evidence
*Expert Witnesses
*Original Documents and Forensics Testing
Fundamentals of Employer Sanctions: I-9s for Beginners
The USCIS Form I-9 is a deceptively short and simple form. Yet, unsuspecting employers have been fined thousands of dollars for not properly completing and maintain their I-9 forms. This panel will introduce the Form I-9 and will discuss the basic issues that practitioners need to know in dealing with employers.
*What Is an I-9? When and Why Is It Required?
*Basic Requirements of Completing an I-9
*Document Retention Requirements
*Common Pitfalls When Completing the I-9
*Helping Employers with I-9s
*I-9 Audit Basics
It’s Academic: Working with Institutions of Higher Education
Universities and other institutions of higher education are not only exempt from the H-1B cap, but in many cases they are also exempt from the normal strictures of the PERM labor certification process. However, these institutions are also very careful about how they use these advantages. Learn from representatives of international offices about:
*The Role of Outside Counsel
*Who Decides If the Institution Will Sponsor?
*The Confines of Institutional Policies
*PERM Recruitment Standards
*Who Qualifies for Special Handling PERM? Outstanding Researcher/Professor?
Use of False Documents: How It Can Complicate a Case
Use of false documents by noncitizens can create a number of legal issues, from forming the basis of removal proceedings, to questions about whether and when to disclose them during applications for immigration benefits. This panel will explore removal grounds associated with use of false documents; possible criminal charges and tax issues; and whether the use of false documents should be disclosed to the government.
*Relevant INA Provisions: §§212(a)(6)(C)(i), (ii), and 237(a)(3)
*Possible Criminal Charges Under Federal and State Law
*Disclosure Regarding Use of False Documents
*Tax Issues Associated with False Documents
*Ethical Issues for Immigration Attorneys
What Do I Do If? Removal Roundtable
A panel of seasoned experts will share tips for overcoming the unexpected in removal cases. For example:
*Client Has Been the Victim of a Crime
*Client Has Been Arrested
*Client Has Failed to Appear
*Client Plans to Lie in Court
*Inaccurate Government Documents
WORKSITE ENFORCEMENT/BUSINESS HOT TOPICS
8:35-9:35 a.m.
Dotting the I's and Crossing the T's of I-9 Compliance
Form I-9 is surprisingly complex, and despite almost 30 years of employment verification requirements, novel questions constantly arise. This advanced panel will give attorneys practical suggestions for advising clients on how to create and maintain these records, things that are more important than ever in an age of increased worksite enforcement.
*Determining the Best Time to Verify New Employees
*Centralizing or Decentralizing: Which Is Better?
*Dealing with Remote Employees
*Nuances of Lists A, B, and C
*Discovering and Correcting Errors: The I-9 Self-Audit
*Outsourcing the I-9 Process?
9:40-10:40 a.m.
How to Handle DOL and USCIS Investigations
In this era of enhanced workplace enforcement, it is more important than ever for practitioners to anticipate that inevitable day when DOL or USCIS comes knocking at the door. This panel will discuss the mission and investigative processes of Wage & Hour and FDNS investigations, and how to prepare for and react to them.
*Background: History, Mission, and Structure of Wage & Hour Division and FDNS
*Counseling Employers on Best Practices to Avoid Investigations and Preparing Them for Unannounced Visits
*Mechanics of Investigations: How and Why Investigations Begin, Operate and Conclude
*Reacting to Results of Investigations: Derogatory/Inaccurate Information, Notices of Intent Based on Site Visits, Filing Complaints, and Appealing Determinations
11:00 a.m.-12:00 p.m.
Worksite Enforcement in the Age of Prosecutorial Discretion and Deferred Action
Since 2009, when DHS issued new guidance on worksite enforcement, there has been an increase in ICE raids, I-9 audits, and both civil and criminal actions against employers. It is clear that increased efforts against employers will continue to be part of the landscape, regardless of any
other movement toward immigration reform. In this session, panelists will look at the current state of worksite enforcement and the challenges practitioners face in working with corporate clients on these issues.
*Advising a Business When It Receives a Social Security No-Match Letter
*Developing a Plan of Action for the Arrival of ICE
*Working with ICE After the Notice of Intent to Fine Is Issued
*When to Take a Case to OCAHO
1:35-2:35 p.m.
Globalization, Technology, and Telecommuting: Does Where You Are Mean Anything Anymore?
DHS, DOS, and DOL have yet to fully confront the new reality—geographical location may not mean that much anymore. Instead, it is where you are in cyber space that counts! Is telecommuting a benefit to an employee? If my employer is in Location A, and I can work on my computer from any location in the world, as long as I can logon anywhere, where am I working? What are the implications for adjudications that are location sensitive?
*Offices: Real, Virtual, and Home
*Defining Work in the Cyber Age
*Ramifications of Virtual Offices on PERM, Prevailing Wages, and LCAs
*Cross-Border Telecommuting Issues—Cyber Teams and the Business Visitor
*Ethical Considerations in Creating the Virtual Office
2:40-3:40 p.m.
O-1 Extraordinary Ability in the Arts: How to Create the Right Strategy
USCIS interpretation and application of the O-1 regulations regarding artists has fluctuated wildly over the past two decades. This panel will review most current interpretation by USCIS, and also highlight current consular-specific issues.
*Agents as Petitioners
*The “Traditionally Self-employed” Artist
o “Anchor” Employers
o How to Demonstrate a Long-Term Itinerary
*Evaluating whether to File a 3-Year Petition vs. a 1-Year Extension
*Material Changes; When an Amended or New Petition Is Required
*Consular Issues
3:45-4:45 p.m.
Prevailing Wage Dilemmas
We’ve all experienced the headaches and frustrations of inadequate prevailing wage data and inaccurate prevailing wage determinations. This advanced panel will tackle some of the most perplexing prevailing wage-related problems and offer advice from the experts on how to address them.
*What to Do When There Is No OES Data for Your Occupation
*Alternative Wage Surveys/Independent Wage Surveys: Meeting DOL’s Criteria
*When/How to Conduct a DOL-Compliant Independent Wage Survey
*Default $80/Hour Determinations for Higher-Wage Occupations
*Missing Wage Data for ACWIA Occupations and Resulting Inappropriate Prevailing Wage Determinations
*Unpacking DOL’s FAQ on Determining the Applicability of ACWIA Wages
*Request for Consideration/Appealing a Prevailing Wage Determination
BUSINESS/MASTERS BUSINESS
8:35-9:35 a.m.
Practicing in the World of Sub-Regulatory Law: Interpreting and Using AC21
For more than a decade, immigration lawyers have advised clients about changing jobs, retaining priority dates, extending H-1Bs for one or three years, and a number of other subjects, all based upon one memorandum, and without the benefit of detailed regulations. Much of what we 'know' beyond that has been gleaned from additional memoranda and practical experience. In this advanced-level session, the panelists will examine and discuss some of the more complex issues that they and others have encountered regarding AC21.
*How Can H-1B Portability Be Lost?
*Risks for an H-1B Beneficiary Who Changes Jobs Frequently
*Same or Similar Occupational Classification, including Self-employment Options
*Changes in Employment, Pre– and Post-180 Days
*Unemployment: Is All Hope Lost?
9:40-10:40 a.m.
“Location, Location, Location”: Tricky LCA and PERM Issues When the Employee Is on the Move
These days, employees are frequently on the move, changing work locations and often working remotely. This can present a challenge when preparing and filing LCAs and PERM applications. Where to obtain a prevailing wage, posting, and identifying the location of employment becomes increasingly complex when the employee roves, works from home, or is placed at a client site. This session will focus on how to handle the grey areas not addressed in the regulations or on the forms:
*Identifying the Type of Worker and Location of Employment
*Prevailing Wage Issues
*Posting Perplexities
*Challenges in Completing Form ETA 9089
*Public Access File Issues
11:00 a.m.-12:00 p.m.
Immigration Policies from the Employer’s Perspective
Whether a company is small or large, consistent immigration policies are critical. This session will highlight key issues that attorneys should focus on when representing employers to assist in establishing streamlined policies. Topics include:
*H-1B Housekeeping: Withdrawals, Portability Start Dates, and Tracking the Movement of Workers
*Costs: Who Is Responsible and Repayment Agreements
*Establishing Policies about Initiation of the Green Card Process
*Ensuring Consistency in PERM Cases: Requirements and Recruitment
*Maintaining NIV Status After the I-485 Is Filed
*Developing and Maintaining an I-9 Compliance Program
1:35-2:35 p.m.
Masters: EB-1 in the Age of Kazarian
This masters level panel will discuss what is state-of-the-art in petitions for foreign nationals of extraordinary ability and outstanding researchers and professors. It will include practical suggestions for framing the strongest case from the outset, and specifically will address:
*Recent Case Law and USCIS Guidance
*Using the RFE Template as a Guide to Preparing the Petition
*Developing the Final Merits Analysis
*Multiple Petition Filings and Alternatives
2:40-3:40 p.m.
Masters: Advanced E-1/E-2 Visa Issues
This panel will explore creative thinking in the E-1 and E-2 arena. In particular, it will investigate the mutability of the interpretation of “marginality” and “substantiality.” It will also recommend how to present tricky E cases to get an approval.
*Evolving Definition of “Marginal” in Light of the Current Economic Conditions in the United States
*Proving Complex Ownership Issues
*Evolving Definitions of “Substantial” and “Substantiality”
*Discussion of Truly Creative Approaches to E-1 and E-2 Visas
3:45-4:45 p.m.
Masters: Current Issues with B-1 Visas
Thousands of business travelers from across the globe come to the United States every year to attend conferences, visit business associates, and negotiate business deals, but in light of high profile allegations of misuse of the B-1 category, what are the precise boundaries and limitations of this visa category? This panel will explore the nuances of allowable B-1 activities and offer practical tips for employing the B-1 as an effective and useful strategy for your clients.
*Permissible B-1 Visa Activities Under 9 FAM 41.31
*B-1 in Lieu of H-1B: Viable H-1B Cap Alternative?
*Annotations: Are They Useful or Not?
*When Should an Applicant from a Visa Waiver Country Apply for a B-1 Visa?
*How to Present a Case to the U.S. Embassy and Avoid a §214(b) Determination
*B-1 Extension of Stay
FAMILY
8:35-9:35 a.m.
Advanced Adjustment of Status Issues
Although adjustment cases may appear simple, something always seems to come up unexpectedly. This discussion will focus on complicated cases requiring advanced skills from the practitioner.
*Entry Issues: No Entry Documents, Misrepresentations, and Other Irregularities
*Unpleasant Surprises: False Claims to U.S. Citizenship, Unlawful Presence, Prior Deportation, Prior Voluntary Departures, Prior Sham Marriages, Bankruptcies, and Social Media Revelations
*Timing and Preparing Your Waivers
*Options Following a Denial: Re-file, Appeal the I-130, AOS in Proceedings and NVC Options
9:40-10:40 a.m.
Consular Processing/Immigrant Petitions: It’s as Straightforward as Skateboarding Lombard Street
This panel will discuss local practices at the U.S. consulates and DHS offices around the world, focusing in particular on busy consular posts. Also covered are best practices in handling important issues that may arise during immigrant visa processing, and potential recourse after an adverse decision at the consular level.
*Local Policies and Practices of U.S. Consulates and International USCIS Offices
*Waivers at the Consular Level
*INA §221(g) and What to Do After the Decision to Deny, Return, or Revoke the I-130 Petition
*Appeals and Motions to Reopen/Reconsider Incorrect Decisions at the Consular Level
11:00 a.m. - 12:00 p.m.
Advanced I-751 Petition to Remove Conditions on Residence
This advanced panel will address all aspects of Removal of Conditional Residence, including the different waivers of the joint petition requirement. The panel will also address best practices for filing successful I-751 Petitions for Petitioners who are no longer married, and identify strategies for challenging I-751s in removal proceedings.
*Atypical Joint Filings
*Waivers of the Joint Petition Requirement
*Filing I-751s After Conditional Residence Has Expired
*Conditional Resident Is Married to Different USC Than the One Who Filed the I-130—What Now?
*I-751s in Removal Proceedings
*Removal of the Condition for Derivative Beneficiaries
1:35-2:35 p.m.
Trouble Behind, Trouble Ahead: Clouds Over LPR Status
Sometimes lawful permanent residents have obtained their status through government error or their own misconduct, such as improper attainment of asylee or nonimmigrant status or marriage fraud. When this happens, it can cast a cloud over an individual's status for years to come. This panel will help you analyze your client's immigration history so you can try to anticipate when this problem might arise. It will also help you identify and develop defenses to the allegations and pursue relief.
*Analyzing Immigration History Before Applying for Another Benefit
*Impact on Eligibility for Immigration Benefits
*Challenging Allegations of Fraud
*Responding to Government Error
*Proactive and Defensive Strategies, including Relinquishing Status, §§237(a)(1)(H) and 212(k), and Nunc Pro Tunc Relief
*Issues During Naturalization Proceedings
2:40-3:40 p.m.
“I Left My Home in San Francisco”: Overseas LPR Issues
This panel will discuss the various practical issues faced by lawful permanent residents who have prolonged absences from the United States.
*Analyzing an Extended Period Abroad
*Maintaining LPR Status While Abroad and Staying Out for More Than One Year
*Employment Abroad
*Maintaining Continuity of Residence for Naturalization Purposes
*Filing Returns and Payment of U.S. Taxes and the Potential Effect on Naturalization (IRS Tax Forms 2555 and 1116)
3:45-4:45 p.m.
Advanced Issues in Naturalization
This panel will cover a variety of advanced issues and problems that may be associated with the filing of a naturalization application. Panelists will discuss how to address the issues and properly advise the client.
*The Impact of Arrests and Criminal Acts
*Other Good Moral Character Issues
*Lack of Ability to Read, Write, and Speak English; Disability Waivers
*Issues with the Underlying Permanent Residence
*Continuity of Residence Issues, §319(b), and the N-470
REMOVAL DEFENSE/WAIVERS
8:35-9:35 a.m.
Has My Client Been Admitted, Which Admission Matters, and Other Conundrums: Part I
Admission to the U.S. is required in order to receive certain immigration benefits, such as adjustment of status. It also determines whether someone is charged under INA §212 or §237 in removal proceedings. This panel will cover the definition of admission, various immigration benefits relating to admission, and differences in removal proceedings under §212 and §237. Panelists will discuss humanitarian parole, parole for the Cuban Adjustment Act, TPS, deferred action, and changes of status.
*INA §101(a)(13): What Is the Definition and When Does It Apply?
*Survival of the Fleuti Doctrine for Lawful Permanent Residents: Vartelas v. Holder
*Evolving Interpretations of the Application of “Admission” and Matter of Arrabally and Yerrabelly
*Inspection with Fraudulent Documents: Does It Count as an Admission?
9:40-10:40 a.m.
Has My Client Been Admitted, Which Admission Matters, and Other Conundrums: Part II
Even experienced practitioners may face moments of confusion about which admission date counts for their clients, and for what purpose. This panel will dissect the fine lines of admissions
regarding inadmissibility, deportability, and new applications for immigration benefits based on past and current immigration history.
*Which Admission Date Counts for Purposes of Removability and Inadmissibility?
*Does Current and Past Immigration Status of a Noncitizen Matter for INA §101(a)(13) and Immigration Benefits?
*Ports of Entry and Circuit Court Splits: Does It Matter Where Noncitizens Present Themselves for Inspection?
11:00 a.m.-12:00 p.m.
Shifting Waves in the Ocean: Burdens of Proof
Learn to distinguish which standards and regulations apply to burdens of proof and applications for immigration benefits. The latest developments about FOIA will be discussed as well as “how much” evidence is enough to meet the burden, and whether that burden must be met by the noncitizen or the agency.
*Preponderance of Evidence vs. Probability
*Right to Inspect Derogatory Information in USCIS Files/FOIA/Dent v. Holder
*Allegations of Fraud and Criminal Conduct, and Ability of Examiners to Go Behind a Record of Conviction
*REAL ID Act and Corroborating Evidence Requirement in Removal Proceedings
1:35-2:35 p.m.
Cutting Edge Issues in Waivers/Exceptions in Removal Proceedings
Certain waivers and exceptions provide less common defenses to removal. Panelists will address the latest case law develop.m. ents, emerging issues, and strategy tips for practitioners.
*INA §§237(a)(1)(H), 212(k), and 209(c)
*INA §212(h): Stand Alone and Readjustment with an Aggravated Felony Conviction
*Judulang and INA §212(c)
*Presidential and Gubernatorial Pardons
*VAWA Waivers
2:40-3:40 p.m.
Redefining the Standards of Hardship Waivers
Current standards for extreme hardship are based in the pre-IIRAIRA statutory structure. That structure did not include the severe consequences for unlawful presence and fraud contained in the current statute. This panel will present strategies and arguments supporting an appropriate and humane definition of extreme hardship based on the fundamental right to a unified family.
*Challenging Matter of Cervantes Concepts of Hardship
*Recognizing Familial Separation as Hardship
*Use of Government and NGO Reports and Statistics
*Cutting Edge Issues and Decisions in Waiver Cases
3:45-4:45 p.m.
Non-LPR and VAWA Cancellation of Removal Before the Immigration Court
With the influx of removal cases before EOIR, this important form of relief has become significantly more prevalent in recent years. This panel will discuss how to present a cancellation case before EOIR, even in situations where the level of hardship is relatively low.
*Statutory Bars to Cancellation, Stop-Time Rule, Crimes & Good Moral Character
*Witnesses: Whom to Call and How to Present Each Witness
*Winning the Case Without Medical Issues
*Case Law and Recent Trends, Including Cap Issues
TRIAL SKILLS PRACTICUM
8:35-9:35 a.m.
Become an Effective Litigator: Making the Most of Your Client’s “Day in Court”
Experienced attorneys will provide practical advice about how to be an effective litigator, from initially developing the case with your client, through presentation of the case and post-decision alternatives.
*Client Intake: Developing the Theory of the Case
*Preparing the Key Witness: Your Client
*Preparing Lay and Expert Witnesses
*Preparing Pre-hearing Document Submission
*Identifying Legal Issues, Briefing Them, and Preserving Them Properly
9:40-10:40 a.m.
Trial Skills in Immigration Court
Knowing how to present a case in court is crucial to winning a client's removal proceeding. This panel will discuss critical skills necessary to represent your client effectively.
*The Art of Direct Examination of Lay and Expert Witnesses
*Cross-Examination and Objections
*Making Your Record for Appeal: Exhaustion of Statutory, Regulatory, and Constitutional Claims
11:00 a.m.-12:00 p.m.
Motions in Immigration Court
This panel will introduce practitioners to common and not-so-common motions before the immigration court. The panel will focus on the creative use of motions to enhance a respondent’s chance of success before the immigration judge. Finally, the panel will discuss motions to consider after the entry of an order.
*What Can Be Requested in a Motion?
*Motions: Avetisyan, Dent, and Hashmi
*Time and Numerical Limitations on Motions to Reopen/Reconsider
*Dada Motions
1:35-2:35 p.m.
Effective Appellate Brief Writing
Effective and concise writing that conveys the important points in a case is critical at the appellate level, including AAO, BIA, and Federal Circuit Courts of Appeals. This panel of experts will offer advice on how to write a winning brief.
*Understanding Jurisdiction and Scope of Review
*Framing the Issues for Appeal
*Special Considerations for Rehearing Petitions
2:40-3:40 p.m.
Seeking the “Supreme” Remedy: Petitions for Writs of Certiorari
Recent decisions by the U.S. Supreme Court ensure that practitioners will continue to view the highest court as the place to obtain finality regarding interpretations of the INA and other statutes, and as the arbiter of the rights available to noncitizens under the U.S. Constitution. This panel will address the mechanics and theoretical considerations of practice before the Supreme Court, which require a different form of advocacy than before the BIA and circuit courts of appeals.
*Exhaustion Before the U.S. Circuit Court of Appeals
*Framing the Issue(s) for a Cert Petition
*Seeking Amicus Support
*Stays of Removal While Cert Petition Is Pending
*What to Do if the Cert Petition Is Granted: Full Briefing vs. Remand to Circuit Court of Appeals
3:45-4:45 p.m.
Human Rights Advocacy: How It Works & How It Helps
After a case has been lost at the court of appeals, the practitioner still has recourse to the international human rights tribunal. This panel is an introduction to the world of human rights advocacy. It will cover the basics of relevant international human rights standards and tribunals, including the Inter-American Commission on Human Rights. It will address the strategic value of combining advocacy based on domestic and international human rights standards, and how to work effectively with human rights lawyers.
*International Human Rights Standards and Tribunals
*Combining Domestic and International Law Advocacy
*Finding and Working Effectively with Human Rights Lawyers
*Real Life Advocacy and Case Examples
FUNDAMENTALS
8:35-9:35 a.m.
Citizenship
Sometimes even your client doesn’t know that he or she is legally a citizen of the United States. This panel covers attaining U.S. citizenship by birth, by acquisition, and by derivation.
*Citizenship by Acquisition at Birth
*Citizenship by Derivation Through the Naturalization or U.S. Birth of One Parent
*INA §322—Certificate of Citizenship
*Tips on Proving Citizenship by Acquisition or Derivation
9:40-10:40 a.m.
Naturalization
This panel will cover the basics of obtaining United States citizenship through naturalization.
*Requirements: Physical Presence; Good Moral Character; English Ability; Knowledge of Government
*Medical Waivers
*Military Service Naturalization
*Oath of Allegiance
*Application Procedure
*Preparing for the Naturalization Interview
11:00 a.m.-12:00 p.m.
Introduction to Removal: Initial Proceedings
This panel covers the initial phase of immigration court proceedings. Panelists will discuss bond hearings, master calendar hearings, pleadings, termination, change of venue, administrative closure and prosecutorial discretion.
*Introduction to the Practice Manual
*Master Calendar Hearing, Bond Hearing & Response to the Notice to Appear
*Changing Venue
*Motions: Requirements and Timelines
*Termination
*Prosecutorial Discretion/Deferred Action
1:35-2:35 p.m.
Introduction to Removal: Applying for Relief
This panel will provide an introduction to the common forms of relief from removal, as well as a “check list” of the basic requirements for each type of relief.
*Preparing and Presenting the Case
*Adjustment of Status in Proceedings
*Cancellation of Removal: Lawful Permanent Residents, Non-lawful Permanent Residents, and the Violence Against Women Act (VAWA)
*Waivers: Criminal, Drugs, Fraud, Marriage Fraud, Unlawful Presence, Health-related, etc.
*Prosecutorial Discretion
*Less Frequent Types of Relief: TPS, NACARA, Parole in Place, Deferred Action, U and T visas
*When All Else Fails: Voluntary Departure
2:40-3:40 p.m.
Analyzing the Immigration Consequences of Criminal Offenses
This panel will introduce practitioners to the definition of “conviction” for immigration purposes and equip practitioners with the necessary skills to analyze the immigration consequences of common criminal offenses.
*What Is a Conviction for Immigration Purposes? Non-conviction Issues
*Analyzing State Criminal Statutes
*What Is a Crime Involving Moral Turpitude (CIMT)?
*Common Court Documents
*Working with Criminal Defense Attorneys
3:45-4:45 p.m.
Asylum
This panel will provide an introduction to asylum law, withholding of removal, and the Convention Against Torture (CAT).
*What Are the Legal Requirements for Asylum?
*Affirmative vs. Defensive Asylum Cases: What Are the Procedural Differences? What About Family Members?
*How Do You File an Asylum Application & What Are the Processing Timeframes?
*Work Authorization and the Dreaded Asylum Clock
*What Is Withholding of Removal? Who Qualifies? What Are the Benefits/Detriments?
*What Is CAT? Who Qualifies? What Are the Benefits/Detriments?
12:30-1:30 p.m.
Ethical Issues for Immigration Lawyers
This session provides a basic overview of the ethical issues commonly faced by immigration lawyers, and provides best practices for avoiding ethical problems.
*When Is an Attorney-Client Relationship Formed?
*Communication: Model Rule 1.4
*Dual Representation Issues: Model Rule 1.7
*False Statements & Duty to the Tribunal: Rules 3.3 and 1.0
*Fees
*Competence
12:30-1:30 p.m.
Informational Marketing Techniques to Start and Grow Your Practice
Informational marketing provides information to potential clients to help them better understand their options and the value of hiring an immigration lawyer ... before they hire a lawyer, pay any fees, or complete any forms. This session will provide information on tips and practices for Internet and traditional media informational marketing.
*Internet Informational Marketing: Keeping Google Happy without Spending a lot of Money on AdWords
*Creating Effective Informational Marketing Materials Even if You're Not an Artist or a Computer Geek
*Using Informational Marketing Techniques Offline
*Informational Marketing Techniques on a Shoestring Budget
*Tracking Results
*Complying with Ethics Rules
12:30-1:30 p.m.
Smooth Operator: Tips & Tricks to Efficient Productive Practice
This panel will cover the nuts and bolts of how to develop an effective conflict check system for your immigration law practice, how to develop an office procedure handbook, and how to implement those procedures throughout your office.
*The “Checklist Manifesto” for Immigration Lawyers
*How to Develop and Implement a Conflicts Check System for an Immigration Law Practice
*How to Develop and Implement Effective Office Procedures for Your Busy Immigration Law Practice
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