DAY ONE: July 21, 2022 | 11:45am - 3:15pm ET
11:45am to 12:45pm
Consular Processing Update: Visa processing, including immigrant and non-immigrant, is facing delays in scheduling. Some offices are not processing the vitally important E-1 and E-2 applications at all. The National Visa Center is not taking our calls! This panel will provide an up to date overview of visa processing in a post-pandemic world, move on to best practices for working with the NVC, and then move to a discussion of the TN category and the E-Safe procedure for nonimmigrant waivers at the Canadian border.
- Overview of embassies consulate reopening, scheduling, backlogs
- Who is processing E's? Where can my client go?
- National Visa Center Updates, backlogs, effective communication
- TNs: what you need to know to qualify & processing
- E-Safe for nonimmigrant 212(d)(3) waiver, qualifications, processing
Speakers:
Leslie Holman, Former AILA National President (Vermont)
BIO
Sandra Grossman, Department of State Committee, Edith Lowenstein Award Winner (Maryland)
BIO
Heather Prendergast, AILA Board of Governors, Department of State Committee (Ohio)
BIO
12:45pm to 01:00pm (15 minute break)
01:00pm to 02:00pm
Employment Based Stateside Strategies: Post-pandemic delays and backlogs have immigration practitioners and clients alike reconsidering the viability of remaining in the United States to change NIV status and / or adjust. This panel will address substantive legal criteria and move on to a lively discussion of positive and negative factors in making the strategic decision of where to process, in light of the current challenges.
- Change of Status to E's, a new approach, with nuances
- Adjusting Status under EB-1 after E visa admission
- E status versus L: realistically, what is the easier route?
- H-1Bs-- the cap, an extra year of studies? ways to improve the client's chances
- National Interest Waivers
Speakers:
Christine Alden, former S. Fla Chapter Chair (Miami, FL)
BIO
Kari Fonte, Former chair, AILA National USCIS Field Ops Committee, former AILA Chapter Chair (Miami, FL)
BIO
Daphne M. Query, AILA Member (Miami, FL)
BIO
02:00pm to 02:15pm (15 minute break)
02:15pm to 03:15pm
Everything Medical and J Waivers: A new theme for the Lazy Days of Summer series! Represent physicians, nurses, and occupational therapists? This panel will go over some basic substantive criteria for medical professions and the J visa category’s waiver of the 2-year foreign residence requirement. Once we are all on the same page, our expert panelists will quickly segue into an advance discussion. Medical positions are in great demand and genuinely needed in our country, so what is taking so long? In light of the labor shortages in these critical fields, are there any shortcuts for visa processing? Best practices for a successful waiver application.
- J status for medical professionals
- Issues in representing physicians
- Issues in representing nurses and therapists
- Distinguishing other J waivers: classifications, how to prepare
Speakers:
Sandra Reguerin, former Chair, AILA Nat’l Dept of State Committee (Phoenix, AZ)
BIO
Bushra Malik, AILA Dept. of State Committee (Chicago, IL)
BIO
Carmen Arce, AILA Member (Miami, FL)
BIO
DAY TWO: July 22, 2022 | 9:00am - 12:30pm ET
09:00am to 10:00am
Advanced Crim-immigration Issues: This panel will discuss and explain the most important precedent cases of the last year, with a focus on drugs, violence, and firearms.
- Defining Cocaine, Marijuana, and the Realistic Probability Analysis
- One year after Borden: defining crimes of violence with a focus on recklessness
- Crimes against Property: § 16(a) and Robbery
- Terms: "defined by," "involving," and "conspiracy"
- Firearms: Florida’s Possession of a Firearm, Felon in Possession statutes
Speakers:
Mary Kramer, Author, Immigration Consequences of Criminal Activity, A Guide to Representing Foreign-Born Defendants (AILA.agora 9
th edition 2021) (Miami, FL)
BIO
Cory Forman, AILA Nat’l Board of Governors (New York, NY)
BIO
Michael Vastine, Professor and Clinic Director, St. Thomas University (Miami, FL)
BIO
10:00am to 10:15am (15 minute break)
10:15am - 11:15am
Judicial Review after Patel v. Garland: This panel will provide an overview of the SCOTUS decision and address how far the decision goes in each area of federal litigation (non-removal cases). Does it affect jurisdiction over non-discretionary determinations? How to discern discretion from findings of fact.
- Petition for Writ of Mandamus: resolving processing delays
- Declaratory Judgment: legal error, abuse of discretion
- Naturalization Actions: appeals
Speakers:
David Stoller, former I.N.S. prosecutor, former AILA ERO Committee Chair (Orlando, FL)
BIO
Amanda Waterhouse, State Bar of Texas
Immigration Bulletin author (Texas)
BIO
Mark Prada, S. Florida Litigation Committee Chair, Vice-Chair, S. Fla AILA (Miami, FL)
BIO
11:15am-11:30am (15 minute break)
11:30am - 12:30pm
TPS / Parole /Adjustment and Cubans: Where Are We Today: Understanding how to properly advise your TPS clients who traveled and re-”entered” on advance parole requires an understanding of an intersection of issues: jurisdiction, Arabelly, 245(a), “status” and the TPS regulations. This panel discusses whether your TPS clients are eligible to adjust, and whether or not to sue in a post-Patel world. This panel will further discuss how to address Cubans that were not paroled into the U.S. or may have been subject to MPP.
- AAO and BIA decisions: will they be vacated?
- Updates on USCIS policy
- Motions to Reopen post-travel, and in a Prosecutorial Environment
- Litigation after Patel
Speakers:
Randolph McGrorty, Catholic Legal Services Executive Director (Miami, FL)
BIO
Tony Drago, former Co-chair AILA Nat’l ICE Committee, former AILA Nat’l Board of Governors (Boston, MA)
BIO
Cheryl David, Former Chair, AILA Nat’l ICE Committee, Former Chair, Removal Defense Committee, former AILA Nat’l Board of Governors, (NYC, New York)
BIO
Mark Prada, S. Fla AILA Litigation Committee Chair, S. Fla AILA Bd of Directors (Miami, FL)
BIO
DAY THREE: August 26, 2022 | 9:00am - 12:30pm ET
09:00am to 10:00am
Asylum Updates: This panel will cover law, policy, and procedure. From social group membership to domestic violence, illegal armed groups, framing political opinion, translators, evidence, backlogs and expediting.
- AG vacaturs, new decisions, what issues are on the horizon?
- Federal court asylum updates
- Processing tips with the Asylum Office
- New regulations
Speakers:
Randolph McGrorty, Catholic Legal Services Executive Director (Miami, FL)
BIO
Miriam Acosta-Castriz, Secretary, AILA S. Florida Chapter (West Palm Beach, FL) DL
BIO
Victoria Neilson, National Immigration Project of the National Lawyers Guild Supervising Attorney (New York, NY)
BIO
10:00am to 10:15am (15 minute break)
10:15am - 11:15am
Everything Waivers!: This panel will provide an overview of waivers for adjustment of status and in the immigration court, and focus on new case law and important procedures.
- I-601A, the provisional waiver for immigrant processing: proper timing for filing after the approval, and while at the NVC; combining with the I-212; best policies & winning arguments
- INA § 212(h), with adjustment of status at USCIS; winning arguments, how to prepare a successful evidentiary package and memo
- INA § 212(h), in immigration court; stand alone waivers, with adjustment, best practices, LPR bars to re-adjustment
- Cancellation of Removal for LPRs under INA § 240A(a): who is eligible? The bars. How to prepare a winning package.
Speakers:
Alexandra Friz-Garcia, AILA ICE-Enforcement Removal Operations Committee (Miami, FL) DL
BIO
Sui Chung, AILA National/ICE Joint Liaison Committee Chair (Miami, FL)
BIO
Rebeca Sanchez-Roig, Former Deputy Chief Counsel (Miami, FL)
BIO
Bridgette Bennett, Vice Chair, AILA Central Florida Chapter, Vice Chair, AILA National’s Innovation & Tech Committee (Groveland, FL)
BIO
11:15am-11:30am (15 minute break)
11:30am - 12:30pm
Crimmigration! Drafting Successful Motions to Dismiss: This panel will discuss the categorical approach and other important analyses, including divisible statutes, the modified categorical approach, a circumstance specific approach, and realistic probability test. This panel will seek to highlight examples of the above and illustrate how to draft a successful motion to dismiss the charge in immigration court based on actual Florida criminal statutes and real-life convictions.
- Burdens of Proof, Arriving aliens
- Categorical Analysis begins with divisibility: Florida’s Theft statute
- Least Culpable Conduct: Florida’s Trafficking statute
- Limiting Modified Categorical Approach to record of conviction: Poss. w/ intent to s/m/d
- Circumstance Specific Approach and Non-elemental facts: domestic violence, child abuse
- Realistic Probability Test: Cocaine and the circuit split
- Updates on USCIS policy
- Motions to Reopen post-travel, and in a Prosecutorial Environment
- Litigation after Patel
Speakers:
John Gihon, former Chapter Chair for the AILA Central Florida Chapter (Orlando, FL)
BIO
Michael Vastine, Professor and Clinic Director, St. Thomas University (Miami, FL)
BIO
Linda Osberg-Braun, former federal PD and Deputy Chief Counsel ICE (Miami, FL)
BIO
