Immigration CLE

In this seminar, forensic expert Mark Silver provides the immigration lawyer with a detailed analysis of criteria considered by clinical experts when undertaking a psychosocial evaluation in extreme hardship cases for waivers and cancellation of removal cases. Here, Mr. Silver integrates important legal considerations with the psychosocial criteria offering new and different insights to better advocate for the clients and their family members. He also reviews the different challenges that have an impact on extreme hardship considerations. Additionally, he addresses how to best present these issues to help your client.

Among the most important topics in immigration defense today is CRIMMIGRATION, that is, the consideration of how to contend with and explain criminal issues, including fraud, misrepresentation, illegal activity and crimes involving moral turpitude, for immigration clients. This seminar will consider how to tackle this extremely important issue separate and apart from proving hardship issues in 601-waiver petitions by using MITIGATION, just as criminal defense lawyers use mitigation to defend and explain their client’s criminal behavior with prosecutors or in court.

On July 27, 2006 President George W. Bush enacted the Adam Walsh Child Protection and Safety Act. This law was meant to protect children from sexual exploitation in violent crimes, prevent child abuse and child pornography, and to promote Internet safety. However, the act also amended INA Section 204 and effectively prohibited US citizens and lawful permanent resident aliens who have been convicted of any “specific crime against a minor” from filing any family-based immigrant petition on behalf of any beneficiary. In this program, forensic expert Mark Silver presents an overview of the Adam Walsh Act as it pertains to immigration defense lawyers who assist clients with family-based immigration petitions. Mr. Silver will also address how clinical evaluations help advocate for the family members.

This course is designed to provide a basic understanding of juvenile immigration law. It will provide an overview of the population of unaccompanied minor children, the immigration court system in the United States, and the forms of immigration relief that unaccompanied children are eligible for. Attendees will gain a comprehension of the different legal applications for unaccompanied children and what is required to complete such applications. This course will also provide insight into the challenges of working with immigrant youth who have experienced trauma and upheaval in their lives.

Immigration attorneys often struggle with the demands of practicing in a highly complex area of law in which the stakes are extremely high for their clients. Many different agencies are involved, and attorneys must be fluent with the grounds of inadmissibility and removability, their related waivers, potential eligibility for benefits, potential penalties and forms of relief, and countless regulations, statutes, agency manuals, memoranda, and abstract legal concepts and principles that govern every aspect of immigration practice. In this context, attorneys must advocate for clients whose ability to live, work, remain with their families, or to avoid persecution or harm may lie in the hands of the attorney. 

This program is designed to provide a basic understanding of how to interview children, specifically children who have experienced trauma and may also be refugees. Attendees will gain a comprehension of the different developmental ages of children and learn techniques to effectively interview children to gather information for legal proceedings. The training will include sample questions and hypotheticals to practice these techniques.

While attorneys play a limited role in assisting foreign nationals in obtaining visas to study in the U.S., it is never too early to advise an international student about the manner in which they might pursue employment following the conclusion of their studies. The processes are not intuitive, and developing a strategy in a timely manner can be essential to the student’s ability to remain in the U.S. This course will provide strategies for transitioning international students to temporary and/or permanent employment-based visas, and assist counsel in providing answers to the questions that international students typically present. What is the legal framework for seeking employment-based visas in the U.S.? How do the processes differ in pursuing temporary (nonimmigrant) and permanent (immigrant) visas? What are the most suitable categories within each? What if the client is from a country for which there are no immigrant visas available? What strategies are available for moving from a nonimmigrant to an immigrant visa? What considerations should a foreign national be considering while pursuing their studies in the U.S.? In the course of addressing these issues, we will survey the most common immigrant- and non-immigrant visas, discuss how to evaluate your client’s suitability for particular pathways, and identify special issues that should be addressed from the outset to provide your client the best chance of success.

This program, taught by Board Certified in Immigration and Nationality Law attorney Ruby Powers, is designed to familiarize immigration attorneys with the successful tips and guidance in seeking relief under the Violence Against Women Act (VAWA). This course will cover how to effectively work with clients in preparing and filing the VAWA application and tips on special considerations and complications that could arise. Learn the differences between VAWA and VAWA Cancellation of Removal in immigration court proceedings. Attorney Powers will share her years of examples in representing VAWA applicants throughout the program to help clarify the elements and ensure a successful process.

In this beginning to intermediate course, learn from an expert with more than 14 years of asylum experience on the best practices and tips on how to prepare the asylum application and additional supplemental materials to put your client’s best case forward. Whether it's your first time, or you have experience, compare notes and learn suggestions from a diversified successful asylum practice by immigration attorney Ruby L. Powers. Learn asylum office specific advice on preferences for filing deadlines and specific details of various asylum offices. In addition to the application and supplemental materials, learn how to prepare your client for the best asylum interview or immigration court hearing experience. This course will cover the three sections of the affirmative asylum interview and best practices to prepare your client for a smooth experience in an already stressful process. Assimilate the best practices on how to prepare your client for the immigration court hearing and being cross examined by the trial attorney and the immigration judge. Study how to formulate and anticipate questions so your client will be prepared for the interview or hearing.

No visa attracts more interest, frustration, and questions than the H-1B, which is subject to a strict numerical cap and much scrutiny. Immigration attorneys must be able to present clients with alternative options, while addressing a range of questions. Which nonimmigrant (temporary) visas most closely resemble the H-1B in terms of eligibility requirements, as well as benefits and restrictions? What other options might facilitate obtaining an immigrant visa (green card)? This course will provide a survey of nonimmigrant visa categories that typically apply to these circumstances, while considering issues such as timeframes, eligibility requirements, and how different categories might fit or conflict with each other––with the goal of providing the view with as much information as they need to help a client feel informed about and comfortable with the options presented.

This program will review your clients’ path to citizenship and how to overcome the obstacles of the naturalization process. The course will discuss how naturalization is considered “complex” while going over the basics of eligibility requirements and identifying underlying obstacles such as continuous residence, travel history, tax concerns, and false claims to the U.S. Office of Citizenship. By the end of the course, attorneys will be able to understand and potentially overcome these obstacles to achieve the best possible outcome for their clients.

Representing clients in immigration court requires skill, innovation, and perseverance. In this program, immigration attorney Ruby L. Powers will lay the groundwork for understanding the elements of the removal hearing process, considerations during each stage, and best practices for success as an effective litigator in immigration court. Powers will share from her 14 years in practice, having represented clients in more than eight states in this Federal area of practice, in the detained and non-detained setting.

In this program, Immigration Attorney Ruby Powers will break down the decade-old program, Deferred Action for Childhood Arrivals (DACA). Powers will discuss the history of DACA and its current state. With recent updates, Powers will explain options for those who have not yet applied but could be eligible including the requirements and supporting documents necessary for successful results. She will explain advanced parole, options after DACA and the alternatives to DACA, if not eligible.

Very few, if any, areas of law possess the high levels of complexity and consequences as the analysis of, and response to, the collateral immigration consequences of criminal activity. When counseling non-citizens who have interacted with law enforcement, attorneys must consider a wide range of potential effects. What pleadings or sentences put their client on the radar of U.S. Immigration and Customs Enforcement (“ICE”)? What will be the likelihood of ICE detention? Will the client become inadmissible to or deportable from the U.S? How will the potential immigration claims be affected—both affirmative and/or defensive? What about the ability to safely travel? Similarly, attorneys must know how to apply the appropriate analysis to outline all of the potential scenarios before the U.S. Department of Homeland Security or the Immigration Courts, and the risks and benefits attendant to each. This course will provide an overview of the main immigration consequences of criminal activity, including what you should look for and how to proceed from the initial consultation.

This course will discuss the various green card options available to artists, entertainers, and athletes. We will provide a broad overview of business immigration and take a deep dive into sports and entertainment immigration options, including visa options and paths to permanent residency. This course will also discuss strategies for how to choose the right path to a green card for your client.