38TH ANNUAL AILA SOUTH FLORIDA IMMIGRATION LAW UPDATE - FEB 2-3, 2017
$100 – $595
38TH ANNUAL AILA SOUTH FLORIDA IMMIGRATION LAW UPDATE - FEB 2-3, 2017

38TH ANNUAL AILA SOUTH FLORIDA IMMIGRATION LAW UPDATE - FEB 2-3, 2017

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Jungle Island "Treetop Ballroom"

1111 Parrot Jungle Trail

Miami, FL 33132

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2017 AILA SOUTH FLORIDA

CLE CONFERENCE PROGRAM


WEDNESDAY, FEBRUARY 1, 2017

6:00 P.M. - 8:00 P.M.

Cocktail reception open to S. Fla. AILA members, speakers, conference attendees, and vendors. Location TBD.

THURSDAY, FEBRUARY 2, 2017

7:30 A.M. - 8:00 A.M.

Instructional AILA Link Tutorial

7:30 A.M. - 8:00 A.M.

Registration and Continental Breakfast

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

Opening Remarks

Rebecca Sharpless, Esq., Miami, Fl., President, AILA South Florida

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

Plenary Session: Overview of Recent Developments in Immigration Law

-Election Fallout: Where Are We Now and Possibilities for Future Legislation

-The Future of Obama’s Executive Action

-Recent Judicial Decisions of National Significance

-Adjudicatory Trends (USCIS/DOL/DOS)

-Miami Field Office Update

William Stock, Esq., Philadelphia, Pa., AILA President (moderator)

Charles Kuck, Esq., Atlanta, Ga., AILA Past-President

Diane Butler, Esq., Seattle, Wa., AILA BOG

Rebecca Sharpless, Esq., Miami, Fl.

Ira Kurzban, Esq., Miami, Fl., AILA Past-President

9:15 A.M. - 10:05 A.M.

Tax Issues Every Immigration Lawyer Needs to Know

-What Makes a Foreign National Responsible for Filing U.S. Taxes?

-Reasons Why U.S. Citizens and LPRs Are Relinquishing Citizenship and Residence

-The Heart Act and Implications for Those Voluntarily and Involuntarily Losing Residence Through Abandonment or Removal

-Retroactive Tax Implications in Determinations That Client Acquired or Derived U.S. Citizenship

-Tax Planning for Wealthy Foreign Nationals Prior to Obtaining LPR Status

-What Immigration Lawyers Need to Advise Their Clients

Jeffrey A. Devore, Esq., Palm Beach Gardens, Fl. (moderator)

Arturo Aballi, Esq., Miami, Fl.

Jack Finkelman, Esq., Miami, Fl.

10:05 A.M. - 10:20 A.M.

Coffee Break

10:20 A.M. - 11:20 A.M.

E Visa Processing: Treading Water

-NIV Processing vs. Extension/COS and the Benefits/Detriments of Each

-Sticky Issues: Process of Investing; Low Investment Amounts; Gifted Investment Funds; Investments Conditioned upon E Issuance

-How Much Trade Is Substantial?

-Proving Your Case with Documentation Page Limits

-Dealing with Renewals When Trade Has Fallen Off or the Business Is Faltering

-Knowing Your Consulate and Third Country Processing

-Exploring Nationality Alternatives and Buying Citizenship

-The Nightmare Consular Officer: What Are Your Remedies?

Ramon Curiel, Esq., San Antonio, Tx. (moderator)

Christine Alden, Esq., Miami, Fl.

Enrique Gonzalez, Esq., Miami, Fl.

Kathleen Walker, Esq, El Paso, Tx., AILA Past-President

11:20 A.M. - 12:20 P.M.

L and EB1-3: Deep Sea Diving Without an Oxygen Tank

-Advantages and Disadvantages of the Blanket and Non-Blanket L

-Problems with L Blanket Admissions

-Tips for Filing Ls for Start-ups, and Options When the Company Does Not Grow

-Suggested Documents to Prove Foreign National Is an Executive/Manager/Functional Manager

-Confusion Between Visa Validity, Petition Validity, and Admission

-Third Party Placement and Ethical Issues

-EB1-3 Options for Those in H, F or E Status

-Is Every L an EB1-3?

Kathleen Walker, Esq., El Paso, Tx. (moderator)

Diane Butler, Esq., Seattle, Wa.

Josie Gonzalez, Esq., Los Angeles, Ca.

Jeff Bernstein, Esq., Miami, Fl.

12:20 P.M. - 2:00 P.M.

Lunch (included in registration fee)

Litigation Update

Supreme Court, Circuit Court, Federal District Court and AAO Cases of Significance

Isaac Wheeler, Esq., New York, N.Y. (moderator)

Jeff Joseph, Esq., Denver, Co.

Mary Kenney, Esq., Washington, D.C.

Ira Kurzban, Esq., Miami, Fl., AILA Past-President

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

Illegal/Unlawful/Violation of Status: Distinctions with a Difference

-Distinction Between Unlawful Presence and Illegal Presence, and Examples

-What Is a “Stay Authorized by the Attorney General”? (Pending COS/Extension, Adjustment,

Asylum, DACA, TPS)

-Canadian Entrants and Students: When and If They Are Unlawfully Present

-Documenting Periods of Unlawful Presence for the Consulate

-Violations That Do and Do Not Constitute Unlawful Presence: Their Significance and Triggers

-When Do Foreign Nationals in Removal Proceedings Accumulate Unlawful Presence?

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

Charles Kuck, Esq., Atlanta, Ga.

Cyrus Mehta, Esq., New York, N.Y.

Tammy Fox-Isicoff, Esq., Miami, Fl., AILA BOG

2:50 P.M. - 6:00 P.M. Dual Track

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

Labor Certification - Sailing Calm Seas

-Revamping of Labor Certification Process: Where Are We?

-Tips for Drafting Job Descriptions that Capture the Essence of the Job Duties

-How to Deal with Home Offices, Travel Requirements, and Roving Employees

-What Is "Normal"…and Does It Matter?

-Dealing with Special Requirements

-Can an Application Be Successful Where There Is Family Ownership, and Who Is Family?

-Successfully Drafting Alternative Experience/Education Requirements

-Is Kellogg Language Ever Required?

-Licensure, and How to Reflect It on the ETA Form

-Audits, and Documenting the Audit File

Josie Gonzalez, Esq., Los Angeles, Ca. (moderator)

William Stock, Esq., Philadelphia, Pa.

Cyrus Mehta, Esq., New York, N.Y.

Elaine Weiss, Esq., Coral Gables, Fl.

Breakout Room

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

Detention/Detainers and Stays

-Arguing for Bond Before ICE and Before the IJ

-Poor Detention Conditions: What Can We Do?

-Best Practices in Indefinite Detention Cases

-Challenging Prolonged Detention: Sopo and Jennings

-How to Request a Stay and from Whom to Request It

-Update on Detainer Practice

Sui Chung, Esq., Miami, Fl. (moderator)

Andrea Montavon-McKillip, Esq., Davie, Fl.

Rick Hujber, Esq., Boynton Beach, Fl.

3:50 P.M. - 4:05 P.M.

Coffee Break

4:05 P.M. - 5:00 P.M.

EB-5 at a Crossroads

*This Panel Will Discuss Any New/Pending Legislation

-Quota Retrogression and the Impact on USCIS Legal Positions

-The Fallout of Fraud and SEC Violations in the EB-5 Program

-TEA: What Is It Now, and Does It Matter?

-Is There Any Hope for Investors in Failed Projects?

-Can Minors Invest?

-Indebtedness As Source of Funds

-I-829 Issues (Job Shortages, Delays and Sustainment of Investment)

-The Impact of Material Changes, and the Significance of When It Occurs

-Remedies for Long Delayed Adjudications

H. Ronald Klasko, Esq., Philadelphia, Pa (moderator)

Jeff Campion, Esq., Weston, Fl.

Edward Beshara, Esq., Orlando, Fl.

Breakout Room

4:05 P.M. - 5:00 P.M.

Asylum, CAT and Withholding: Preparing a Winning Case

-Determining Eligibility, What is a "Particularly Serious Crime"?

-Particular Social Group Issues

-Preparing Your Case: Witnesses, Experts and Documents

-Avoiding Negative Credibility Determinations

-When Is Corroboration Required?

-Ethical Issues in Representation of the Asylum Applicant

Rebecca Sharpless, Esq., Miami, Fl. (moderator)

David Berger, Esq., Miami, Fl.

Romy Lerner, Esq., Miami, Fl.

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

Building Your Practice and Earning More in an Ethical Environment

-Converting the Consultation into a Fee

-The Plus and Minus of Charging for Consultations

-Does Advertising Pay?

-Recognition: Its Importance, and How to Get It

-Is Paying Referral Fees Allowed, and, If So, to Whom?

-How to Build a Local, Regional and National Reputation

-The Value of Speaking, Writing Articles and Blogs, and Joining Networking Groups

-Online Lawyer Reviews: Do Clients Read Them, and Can You Ethically Boost Them?

-How to Continue to Maintain Client Contact After You Secure a Visa for a Client

-Questions and Answers

Maite Hoyos, Esq., Miami, Fl. (moderator)

H. Ronald Klasko, Esq., Philadelphia, Pa.

Jeffrey Devore, Esq., Palm Beach Gardens, Fl.

Antonio Revilla, Esq., Miami, Fl.

Reid Trautz, Esq., Washington, D.C., Director of Practice and Professionalism, AILA National

Breakout Room

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

Litigation Roundtable

Mary Kenney, Esq., Washington, D.C.

Trina Realmuto, Esq., Boston, Ma.

Michael Vastine, Esq., Miami, Fl.


6:00 P.M. - 7:00 P.M.

Cocktail Reception - Talk to the Experts

FRIDAY, FEBRUARY 3, 2017

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

Emerging Issues in Family Based Visa Processing

-Does an I-751 Denial or Failure to File Doom a Subsequent Marriage Petition?

-Issues Endemic to Filing a New Adjustment Application for a Conditional Resident

-The Impact of the December 11, 2009 Neufeld Memo Allowing I-829 Conditional Residents to Re-Adjust

-Advantages to Using the K-1 and K-3

-Ethical Considerations in Marriage Cases

-Proving Your Client Was Admitted, Inspected or Paroled When There Is No Stamp

-The Client Failed the Marriage Interview: Now What?

-The Beneficiary Died: Can the Beneficiary’s Family Still Adjust Status?

-Challenges in VAWA Self-Petition Cases

Jacqueline Villalba, Esq., Miami, Fl. (moderator)

Andrea Martini, Esq., Miami, Fl.

William Cavanaugh, Esq., West Palm Beach, Fl.

Bruce Marmar, Senior Adjudication’s Officer, USCIS, Miami, Fl.*

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

Naturalization, Citizenship and Renunciation

-The Imperfect Client: Should You Risk Filing for Citizenship?

-The Importance of Reviewing How Your Client Obtained Residence

-Denaturalization: Is Your Client at Risk?

-I-751 Is Still Pending: Can You File?

-Remedies When the N-400 Is Pending Too Long

-Continuous vs. Physical Presence Requirements and Exceptions

-Crimes Outside the Statutory Period: Should You File?

-How to Renounce Citizenship, and What Are the Ramifications?

-Limitations of Reentry Permits

Elina Magaly Santana, Esq., Miami, Fl. (moderator)

Kari Ann Fonte, Esq., Coral Gables, Fl.

Jacob Ratzan, Esq., Miami, Fl.

Monica Roisman, Esq., Miami, Fl.

10:15 A.M. - 10:30 A.M.

Coffee Break

10:30 A.M. - 11:40 A.M.

Strategies in Removal Cases

-The Categorical and Modified Categorical Approach: Where Are We Now Post-Mathis?

-Crimes Involving "Moral Turpitude": Void for Vagueness and the Demise of Silva-Trevino

-"Crimes of Violence": Void for Vagueness

-Challenges to Removability for Florida Drug Offenses

Mary Kramer, Esq., Miami, Fl. (moderator)

Michael Vastine, Esq., Miami, Fl.

Isaac Wheeler, Esq., New York, N.Y.

Maggie Arias, Esq., Miami, Fl.

11:40 A.M. - 12:30 P.M.

The Shifting Tides: Burdens of Proof

-Preponderance of the Evidence Standard: What Is It, and When Does It Apply?

-Clear, Convincing and Unequivocal Standard: How Strong Is It?

-The Judge Found That Your Client Is Not an Aggravated Felon: Is He/She Eligible for Relief?

-Arguing Around Almanza

-What to Do When a Judge Erroneously Shifts the Burden?

-Exclusion, Admissibility and Reasonable, Substantial and Probative Evidence

-Burden of Proof in Marriage Cases to Overcome Earlier Possible Fraudulent Marriage Finding

Jeff Joseph, Denver, Co. (moderator)

Anis Saleh, Esq., Miami, Fl.

Rebecca Sanchez Roig, Esq., Miami, Fl.

12:30 P.M. - 2:00 P.M.

Lunch (included in registration fee)

Immigrants’ List Presentation, Ira Kurzban, Esq., AILA Past-President

Lunch speaker to be announced

2:00 P.M. -3:10 P.M.

Picking and Choosing and Mixing and Matching: Immigration Waivers

-Using 237(a)(1)(H) After Agour?

-Processing of Affirmative 212(c): What’s Left?

-Bootstrapping Waivers and Examples (237(a)(1)(H), Cancellation, 212(h), I-212)

-Who Is Eligible for Cancellation

-Making Your Client Eligible for 212(h): Is It Worth It, and Heightened Standards for Violent Crimes

-Do You File for All Relief Available, or Pick and Choose?

-Re-Adjusting the Client

-Will DHS Put Your Client in Proceedings, and Ethical Implications?

-Preparing a Winning Case

-Importance of Filing FOIA, and Background Checks

Thomas Ragland, Esq., Washington, D.C. (moderator)

Linda Osberg, Esq., Miami, Fl.

John Pratt, Esq., Miami, Fl.

Antonio Revilla, Esq., Miami, Fl.

3:10 P.M. - 4:00 P.M.

Tips from the Experts on Trial Tactics

-Dealing with Difficult Judges, and Documenting Inappropriate Judicial Behavior

-Protecting and Building a Good Record

-Getting the Most from Video Hearings

-How to Prepare Witnesses

-Impeachment of Government Witnesses

-When to File a Brief or Memorandum

-When and How to Use Experts

Anis Saleh, Esq., Miami, Fl. (moderator)

Thomas Ragland, Esq., Washington, D.C.

Bruce Solow, Esq., Miami, Fl., Former Immigration Judge

*Speaker not confirmed

All panels will also address ethical issues and considerations affecting their respective topics.

CLE COMMITTEE: Elina Santana (Co-Chair), Andrea Montavon-McKillip (Co-Chair), Michael Harris, Wendy Jerkins, Mike LaFrance, Norma Lorenzo, Elba Lumbi, Alicia Morgan, and Michelle Perez.

ELECTRONIC REGISTRATION for the “38th Annual Immigration Law Update - South Beach” available at: http://www.eventbrite.com/e/38th-annual-aila-south-florida-immigration-law-update-feb-2-3-2017-tickets-27178820584

EARLY BIRD REGISTRATION DISCOUNT FOR AILA MEMBERS WHO REGISTER ON LINE BEFORE JANUARY 6, 2017 AT 5 P.M.

ONLINE REGISTRATION

__AILA member registering before 5:00 P.M., January 6, 2017 - $485

__AILA member registering after 5:00 P.M., January 6, 2017 - $555

__Non-AILA member - $595

__Persons attending under fee remission policy registering before 5:00 P.M. January 6, 2017 - $350

Only registrants who are listed on the AILA website as members or pending members at the time of registration may receive AILA member rates.

Fee remission is only available to attendees employed by a pro-bono organization. Limit of 2 admissions per pro bono agency. Proof of non-profit status must be emailed along with verification of full-time employment including a statement that the applicant earns under $60,000 to ML@CCLSMiami.org within 5 days of registration but not later than 5:00 P.M. on January 6, 2017.

ON SITE REGISTRATION

__Add $50

ELECTRONIC MATERIALS ONLY

__$100

REFUND POLICY

Registration fees are refundable only if your refund request is received in writing BY SURFACE MAIL on or before 5:00 p.m., JANUARY 27, 2017 at the law office of Jeff Bernstein, 100 N. Biscayne Boulevard, Suite 1602, Miami, Fl. 33132.

Fees are non-transferable. A $35 service fee applies to refund requests.

INCLUDED IN THE REGISTRATION FEE: Registration includes two continental breakfasts, two lunches, four coffee breaks, one cocktail reception, and conference materials.

If you are having technical difficulties with registering for the event, then please contact Elina Santana at (305) 916-4800 or Andrea Montavon-McKillip at (954) 507-7000 or cle@ailasouthflorida.org. If you miss the registration deadline due to technical difficulties, you will be required to register at the door on the day of the event and pay the on-site registration rate.


TRANSPORTATION AND PARKING: Taxis are accessible from all hotel venues to the conference location. The conference venue has excellent parking facilities and charges a modest conference parking fee.

HOTEL ACCOMMODATIONS: The following is a list of some hotels in the conference vicinity. We have found that discount hotel sites often provide better rates than the conference sponsor can obtain. But book early: Miami hotels can be busy in February. The conference venue is on the bridge that connects downtown Miami to South Beach (I-395).

STANDARD DOWNTOWN HOTELS NEAR THE CONFERENCE SITE

Doubletree Grand Hotel Biscayne Bay

http://doubletree3.hilton.com/en/hotels/florida/doubletree-by-hilton-grand-hotel-biscayne-bay-MIABSDT/index.html

Miami Marriott Biscayne Bay

http://www.marriott.com/hotels/travel/miabb-miami-marriott-biscayne-bay/

Hilton Miami Downtown

http://www.hiltonmiamidowntown.com/

HIGHER END HOTELS DOWNTOWN NEAR CONFERENCE SITE

Viceroy Hotel

http://www.viceroyhotelsandresorts.com/miami

J.W. Marriott Hotel Miami

http://www.marriott.com/hotels/travel/miajw-jw-marriott-hotel-miami/

Four Seasons Hotel

http://www.fourseasons.com/miami/

MIAMI BEACH HOTELS NEAR THE CONFERENCE SITE

South Beach Marriott

http://www.marriott.com/hotels/hotel-deals/miamb-south-beach-marriott/

W South Beach

http://deals.whotels.com/W-South-Beach-Miami-Hotel-1599/special-offers?IM=PP_LHN_SOP_US_WH_1599&PS=LGEN_AA_DNAD_CGGL_TPRP


SPONSORS AND EXHIBITORS: Interested sponsors and exhibitors, please contact Elina Santana at (305) 916-4800 or Elina@SRLawPA.com.

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Date and Time

Location

Jungle Island "Treetop Ballroom"

1111 Parrot Jungle Trail

Miami, FL 33132

View Map

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