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South Florida AILA CLE

February 09, 2012 07:45 - February 10, 2012

Location: 1111 PARROT JUNGLE TRAIL, MIAMI BEACH, FL at Miami Beach, United States Jungle Island Treetop Ballroom

THURSDAY,  FEBRUARY 9,  2012

7:45 A.M. - 8:00 A.M.

Registration and continental breakfast

8:00 A.M. - 8:15 A.M.

Opening remarks

Kari Ann Fonte, Esq., President, South Florida AILA, Miami, FL

 

8:15 A.M. - 9:10 A.M.

When can your client use the B-1 visa?

-Is the B-1 visa in jeopardy?

-Increased scrutiny of B-1 entries

-Proper use of B-1 and suggested documentation to be carried by foreign nationals

-B-1 in lieu of H-1B and H-3, what visa is appropriate?

-B-1 for special purposes (boards, starting business, selecting a school, performing service)

-B-1 for start-up L companies

-Ethical considerations in using the B-1 visa

Maria Casablanca, Esq., Miami, FL (Moderator)

Denyse Sabagh, Esq., Washington, D.C., (AILA Past-President)

Tim Murphy, Esq., Miami, FL

H. Ronald Klasko, Esq., Philadelphia, PA (AILA Past-President)

9:10 A.M. - 10:00 A.M.

Strategies for choosing the L or E visa

-Is corporate ownership by the beneficiary a factor in L denials?

-Discussing business strategies for growth

-Is the beneficiary’s goal residence?

-Can an L be converted to an E or vice versa?

-Can an L-1A be converted to L-1B?

-Is it still possible to obtain an L-1B?

Jeff Bernstein, Esq., Miami, FL (Moderator)

Jeffrey A.  Devore, Esq., W. Palm Beach, FL (AILA BOG)

Chuck Kuck, Esq., Atlanta, GA (AILA Past-President)

Ed Beshara, Esq., Maitland, FL

10:00 A.M. - 10:15 A.M.

Coffee break

 

10:15 A.M. - 11:10 A.M.

Gems in the Adjudicator’s Field Manual

-How much does USCIS pay attention to the AFM?

-What are the benefits/detriments of citing the AFM?

-Where is the AFM most helpful?

-Where is the AFM most detrimental?

-Is the AFM binding on the adjudicators?

-Can the AFM be cited in litigation?

George Newman, Esq., St. Louis, MO (Moderator)

Suzanne Seltzer, Esq., New York,, NY

Jeanne Malitz, Esq., San Diego, CA

USCIS Representative (nvited)

11: 10 A.M. - 12:15 P.M. 

EB-5: Where are we now?

-Considerations for investing in a R.C.

-Importance of attorney review of the Business Plan and Economic Methodology
-Top reasons for denial of the petition to remove conditional residence

-Ethical considerations in representing individuals and R.C.

-Hot issues in the filing of the petition to remove conditions

Tammy Fox-Isicoff, Esq., Miami, FL (AILA BOG)

H. Ron Klasko, Esq. Philadelphia, PA (AILA Past-President)

Anthony Korda, Esq., Naples, FL


12:15 P.M. - 1:45 P.M 

Lunch  (included in registration fee)

Hot topics

Aaron Brickman , Deputy Executive Director, SelectUSA, Department of Commerce, Washington, D.C.

2:00 P.M. - 2:50 P.M.

EB1 and EB2: Is anyone Exceptional or Extraordinary?

-Determining your client is Extraordinary or Exceptional

-EB-1 after Kazarian: what has changed?

-Do reference letters really matter and, if so, how to use them

-Drafting labor certifications for EB-2 qualification

-Demonstrating national interest

Suzanne Seltzer, Esq., Philadelphia, PA (Moderator)

Michael Work, Esq, Miami, FL

Maite Hoyos, Esq., Miami, FL

George, Newman, Esq., St. Louis, MO

2:50 P.M - 3:45 P.M.

Developments in labor certification processing

-Dealing with alternative job requirements

-What happens when the alternative requirement has a higher prevailing wage? 

-Perm denials: now what do I do?

-Tips for drafting the labor certification

-Update on audits and supervised recruitment

-Processing times

Jeanne Malitz, Esq., San Diego, CA (Moderator)

Kari Ann Fonte, Esq., Miami, FL

Joel Stewart, Esq., Miami, FL

3:45 P.M. - 4:00 P.M.

Coffee break

4:00 P.M. - 5:00 P.M.

Government investigatory tools: What do they use?

-Accurint/VIBE/FCIC/NCIC/TECS/Interpol

-How can you find out what the government knows?

-How can you respond to inaccurate information?

-Can you correct erroneous entries in government databases?

Chuck Kuck, Esq., Atlanta, GA (Moderator) (AILA Past-President)

Denyse Sabagh, Esq., Washington, D.C. (AILA Past-President)

Michelle Estlund, Esq., Miami, FL

ICE Counsel (invited)

USCIS Representative (invited)

5:00 P.M.- 6:00 P.M

Burden of proof and persuasion: Who has them and when do they shift?

-Removability and relief

-Before USCIS  and AAO

-Before the BIA

-Before the Federal Courts

-How to argue that you have met your burden

Jeff Joseph, Esq., Denver, CO (Moderator) (AILA BOG)

Mary Kramer, Esq., Miami, FL

Anis Saleh, Esq., Miami, FL

ICE Counsel (invited)

6:00 P.M. – 7:00 P.M.

Cocktail Reception: Talk to the experts.

FRIDAY,  FEBRUARY 10, 2012

 

8:30 A.M. - 10:00 A.M.

Criminal Removal Grounds

-Working with defense counsel in structuring a plea

-Is your client subject to mandatory detention?

-Strategies for expediting removal proceedings for clients in detention

-When can DHS look behind the record of conviction?

-What can be considered after Silva Trevino?

-When should you advise your client to travel?

Mary Kramer, Esq. Miami, FL (Moderator)

Antonio, Revilla, Esq., Miami, FL

Sui Chung, Esq., Miami, FL

Michael Vastine, Esq., Miami, FL

ICE Counsel (invited)

The Honorable Kevin Mart, Immigration Judge, Miami, FL (invited)

10:00 A.M. - 10:15 A.M.

Coffee break

10:15 A.M. - 11:45 A.M.

Determining relief eligibility, filing motions to reopen, and bootstrapping applications

-Is your client eligible and if not should you apply anyhow?

-Managing judge nuances

-Packaging your client and presenting evidence

-Building a strong record

Anis Saleh, Esq., Miami, FL (Moderator)

Julie Ferguson, Esq., Miami, FL

ICE Counsel (invited)

The Honorable Lopez-Enriquez, Immigration Judge, Miami, FL (invited)

11:45 A.M. - 12:45 P.M.

Marriage fraud: What is it and how to fight it?

-What is marriage fraud?

-Combating USCIS pressure to declare marriage fraud

-What to do when your client “fails” a marriage interview?

-Does it make a difference at what juncture the fraud is alleged (prior to adjustment/after conditional residence)?

-Dealing with past allegations of marriage fraud in a subsequent petition

-Can marriage fraud be waived?

Xiomara Hernandez, Esq., Miami, FL (Moderator)

Matthew Weber, Esq, Miami, FL

Michael Shane, Esq., Miami, FL

Bruce Marmar, Senior Adjudications Office, USCIS, Miami, FL (invited)

12:45 P.M. – 2:15 P.M.

Lunch  (included in registration fee)

Alejandro Mayorkas, Esq., Director USCIS (invited)

2:30 P.M. - 3:30 P.M.

Understanding the CSPA

-Tips for freezing a child’s age under the CSPA

-Do you want to receive an RFE?

-Unique issues involving VAWA

-CSPA litigation

-Advanced CSPA family issues

Carl Shusterman, Esq., Los Angeles, CA

Jeff Joseph, Esq., Denver, CO

Bruce Marmar, Senior Adjudications Officer, USCIS, Miami, FL (invited)

 

 

3:30 P.M. - 4:30 P.M.

Complicated asylum issues

-Gender based claims

-Special social group issues

-Considerations when representing prior member of questionable group

-Past persecution but no likely future persecution

Deborah Anker, Esq., Cambridge, MA (moderator)

David Berger, Esq., Miami, FL

Yasmin Jacobs, Esq., Miami, FL

Erin Fatica, Director of Miami Asylum Office, USCIS, Miami, FL (invited)

Speakers: see details

Cost: $425-$525

Web Site: soflaila.org


Added by

Ed Beshara
Attorney

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