Critical Information and Concepts for Immigration, Corporate, Matrimonial and Criminal Defense Practitioners
17.0 Total Credits: 6.0 skills; 11.0 professional practice and/or practice management for all attorneys, including newly admitted.
Immigration and Nationality Committee of the International Section
Committee on Continuing Legal Education
Immigration law is a highly visible part of the daily national news. New laws, new regulations, new proposals abound practically on a day-to-day basis. Clients’ lives are substantially impacted and increasing numbers of practitioners in a variety of practice areas are confronted with issues that require a working knowledge of immigration law.
This comprehensive two-day program is designed to provide training in immigration law for practitioners who have recently entered the field as well as for those whose practice areas intertwine with immigration: family, employment, corporate, and criminal law. Experienced immigration lawyers will also benefit from this program as the faculty will examine, in practical terms designed to increase expertise, the interconnection of immigration law with other substantive areas.
The outstanding, well-rounded faculty, experienced in their respective fields of practice, will provide you with guidance and perspective in order to properly handle your cases under present immigration law and regulations as well as when your immigration cases involve other substantive areas of law.
The speakers will be prepared to address any late-breaking legislative developments in immigration law and practice.
Day One – May 6, 2014
REGISTRATION (outside meeting room)
INTRODUCTION AND OVERVIEW
Speaker: Margaret A. Catillaz, Esq.
* Non-Immigrants, Immigrants, Citizens and Others
* Statutes, Regulations, Policy Statements
* The Agencies: DHS, DOS, DOL
* Sources: Websites, Treatises and Kurzban
* Basic Documents – What Do They Look Like and What Do They Do
10:15-11:00 Speakers: Allan H. Wernick, Esq.; Leslie K. L. Thiele, Esq.
BEGINNING THE NONIMMIGRANT ALPHABET Bs, Fs AND Js
* B-1/B-2 – Uses and Abuses, Extensions and Change of Status
* SEVIS System; I-94 Automation
* F-1/J-1 Students, Entry, Maintenance of Status, Change of Status, Employment and Practical Training
* J-1 Exchange Visitors and the Two Year Foreign Residence Requirement
* Survey of other Non-Employment Non-Immigrant Visa Categories
THE REST OF THE NON-IMMIGRANT ALPHABET: NON-IMMIGRANT EMPLOYMENT VISAS: E, H, I, L, O, P, TN, AND R CATEGORIES
Speakers: Frank A. Novak, Esq.; Gayle S. Oshrin, Esq.
* H-1B: the Professional and his/her Credentials, LCA’s, Prevailing Wage, Quotas, Changing Employers and Employer Liabilities
* L-1: Intracompany Managers, Executives, Specialized Knowledge, Qualifying Organizations, Blanket Ls, Off-Site Employees* Requests for Evidence (“RFE”) and Denials* E-1/E-2 Treaty Traders/Investors; NAFTA TNs and O-1 Extraordinary Ability Status
* Survey of Other Non-immigrant Employment Categories
* Work Authorization for Spouses
LUNCH (on your own)
IMMIGRATING TO THE UNITED STATES: KEEPING THE FAMILY TOGETHER
Speakers: Claudia Slovinsky, Esq.; Diane R. Chappell-Daly, Esq.
* Immediate Relatives and Others* The Windsor Decision and Same-Sex Marriages, Marriage Fraud, Spousal Abuse
* Affidavits of Support, Waivers, Documentation Issues
* Children, Adoptee, Age-Out Issues
* Impact of Changes: Birth, Marriage, Divorce and Death
* Priority Dates, Quota Backlogs and How to Handle Them
* The DV Lottery
Coffee/Soft Drink Break
IMMIGRATING TO THE UNITED STATES: EMPLOYMENT-BASED
Speakers: Allen E. Kaye, Esq.; Deborah J. Notkin, Esq.
* Labor Certification: PERM; Audits; Supervised Recruitment; Backlogs, Key FAQs’s and BALCA Decisions* Non-Labor Certification Petitions, the EB1 Categories; National Interest Waivers; Schedule A* Processing Considerations: Concurrent Filing; Consular Processing; Portability
* Other Employment Categories: Religious Workers, Investors
* Managing Time Expectations of Clients
ASYLEES, REFUGEES, AND SPECIAL PROGRAM PARTICIPANTS
Speakers: Jeffrey A. Heller, Esq.; Walter H. Ruehle, Esq.
* Asylum and Refugee Claims, Timing and Deadline Issues, Bona Fide Applications, Benefits
* How a Case Moves Through the System
* Eligibility for Refugee/Asylee Status
* Special Programs: DACA, TPS, NACARA, etc.
Day Two - May 7, 2014
REGISTRATION (outside meeting room)
8:45-9:15 Speaker: Muzaffar Chishti, Esq.
9:15-10:15 Speakers: Michael E. Piston, Esq.; Joanne Macri, Esq.; Hon. Alice Segal
INADMISSIBILITY AND REMOVABILITY
* Substantive Grounds* Proceedings – An Overview: Notices to Appear, Burden of Proof and Evidentiary Rules and Fifth Amendment Concerns
* Inspection and Expedited Removal
* The Patriot Act, National Security and Related Issues
* Getting to Federal Court
CRIMES, THE IMMIGRATION PRACTITIONER AND THE CRIMINAL DEFENSE PRACTITIONER
Speakers: Kerry William Bretz, Esq.; Labe M. Richman, Esq.; Manuel D. Vargas, Esq.; Hon. Roger F. Sagerman
* Coordination between the Immigration Practitioner and the Criminal Defense Practitioner* Classifying the Crime: Moral Turpitude, Aggravated Felonies and Other Crimes
* DWI, Drugs, Domestic Violence, Theft
* Effect of Plea Bargains and Convictions
* Waivers and other Strategies, Detention Issues
* Previous Convictions, and the Criminal Defense Practitioner’s Role
* Post Conviction Relief
* What Makes a Good Padilla Motion
LUNCH (on your own)
1:10-2:15 Speakers: Robert N. Gottfried, Esq.; Noemi E. Masliah, Esq.
MATRIMONIAL AND IMMIGRATION PRACTITIONERS WORKING TOGETHER
* Coordination between Matrimonial Practitioner and Immigration Practitioner* The Fall of DOMA and Opportunities for Same-Sex Couples
* Marriage, Divorce, and Annulment Issues
* Battered Spouses and the Violence Against Women Act
* Impact of Failure to Pay Child Support on Naturalization
* Does the Immigration Affidavit of Support Survive the Divorce?
IMMIGRATION IN THE WORKPLACE - EMPLOYMENT AND IMMIGRATION LAWYERS WORKING TOGETHER
Speakers: David Grunblatt, Esq.; Mareza I. Estevez, Esq.
* Hiring Issues: Pre-Screening and “Sponsorship” Policies
* Employment Visa Petitions and Contracts Of Employment
* Via Status Issues and Employee Rights; Sure Tan and its Progeny* Termination: Bona Fide Termination; Recouping Visa Costs; Layoffs and Reductions in Force
Coffee/Soft Drink Break
KEY IMMIGRATION ISSUES AND CONCEPTS FOR THE CORPORATE PRACTITIONER
Speakers: Neil S. Dornbaum, Esq.; Ted J. Chiappari, Esq.
* Infosys* Corporate Changes and Due Diligence: Mergers, Acquisitions, Restructuring* Dealing with the Foreign National Employee: Policies on Visa Sponsorship* Corporate Compliance: Record Keeping Issues – I-9s, H-1Bs, Social Security Numbers* Corporate Compliance: Discrimination Issues – Hiring, Firing, Visa Status, Knowledge and Constructive Knowledge
Planning Chairs and Coordinators (in alphabetical order)
Margaret A. Catillaz, Esq. Harter Secrest & Emery LLP
David Grunblatt, Esq.
Allen E. Kaye, Esq.
Law Offices of Allen E. Kaye, P.C.
New York City
Speakers (in alphabetical order)
Kerry William Bretz, Esq., Bretz & Coven, LLP, New York City * Jan H. Brown, Esq., Law Offices of Jan H. Brown, P.C., New York City * Margaret A. Catillaz, Esq., Harter Secrest & Emery LLP, Rochester * Diane R. Chappell-Daly, Esq., The Law Office of Diane R. Chappell-Daly, Esq., Syracuse * Ted J. Chiappari, Esq., Satterlee Stephens Burke & Burke LLP, New York City * Muzaffar Chishti, Esq., Director of Migration Policy Institute’s Office at New York University School of Law, New York City * Neil S. Dornbaum, Esq., Dornbaum & Peregoy LLC, Newark, NJ * Mareza I. Estevez, Esq., Senior Director - Immigration Attorney, Cognizant Technology Solutions Corporation, Teaneck, NJ * Robert N. Gottfried, Esq., Gottfried & Gottfried, LLP, New York City * David Grunblatt, Esq., Proskauer Rose, Newark, NJ * Jeffrey A. Heller, Esq., Attorney at Law, New York City * Allen E. Kaye, Esq., Law Offices of Allen E. Kaye, P.C., New York City* Joanne Macri, Esq., Director of Regional Initiatives, New York State Office of Indigent Legal Services, Albany * Noemi E. Masliah, Esq., Masliah & Soloway, PC, New York City * Deborah J. Notkin, Esq., Barst Mukamal & Kleiner LLP, New York City * Frank A. Novak, Esq., Harter Secrest & Emery LLP, Rochester * Gayle S. Oshrin, Esq., Wormser, Kiely, Galef & Jacobs LLP, New York City * Michael E. Piston, Esq., Of Counsel, Law Offies of Allen P. Kaye, P.C., New York City; Piston & Carpenter, PC, Troy, MI * Labe M. Richman, Esq., Attorney at Law, New York City * Walter H. Ruehle, Esq., Legal Aid Society of Rochester, Rochester * Hon. Roger F. Sagerman, U.S. Immigration Judge, Executive Office for Immigration Review, U.S. Department of Justice, Fishkill and Napanoch * Hon. Alice Segal, U.S. Immigration Judge, Executive Office for Immigration Review, U.S. Department of Justice, New York City * Claudia Slovinsky, Esq., Claudia Slovinsky & Associates, PLLC, New York City * Leslie K. L. Thiele, Esq., Whiteman Osterman & Hanna LLP, Albany * Manuel D. Vargas, Esq., Senior Counsel, Immigrant Defense Project, New York City * Allan H. Wernick, Esq., Professor, Baruch College, City University New York (CUNY), Director of CUNY Citizenship Now!, New York City.
ELECTRONIC COURSE MATERIALS (ECM)
COURSE MATERIALS FOR NYSBA CLE PROGRAMS ARE NOW DISTRIBUTED ELECTRONICALLY!
All program materials are distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.
Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.
Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.