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Immigration 101: A Comprehensive Immigration Practice Program
Audio program! (check our CLE Programs page for live versions)
Geared towards the new/newer Immigration attorney, this program is packed full of information to help your immigration practice.
You will learn the terms of Art, legal meanings vs. common meanings including practical examples of standard phrases and terms you must understand to practice competently. You will learn about the four broad bases of legal immigration: a) Family-based; b) Employment-based; c) Humanitarian and d) Other.
You will understand immigration status, such as temporary, permanent, quasi-permanent and what it means to your client. You will learn how to obtain a visa and status for your client.
You will also learn about the three broad categories of illegal immigration, as well as detention and removal issues.
Our speakers will discuss the consequences of criminal convictions for the noncitizen client. Other topics to be covered include: waivers for grounds of inadmissibility and naturalization.
Additional issues will be discussed that are relevant to your immigration practice.
This program was recorded in 2016.
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What You Will Learn
Broad Introduction (CFR & INA), Road Map and Terms of Art
- Road Maps
- The history and authority to regulate U.S. immigration
- Department of Homeland Security
- US Department of Justice – Immigration Court
- US Department of State -Embassies
- US Department of Labor
- Governing Law: The interplay between immigration laws and policy
- Terms of Art
- Immigrant vs. Non-Immigrant
- Visa vs. Status
- Inadmissibility vs. Deportability
- Who is illegal in the U.S.?
- Unlawfully Present, Out of Status or both?
How to Set Up and Manage an Immigration Practice
- What to do when someone walks in the door
- Where to go for more information, what are your resources as a practitioner?
- Resources, books, forms programs, etc.
- Best Practices on handling your immigration cases
Permanent (immigrant) Visas – Family Based
- Immediate relatives
- Family petitions
Permanent (immigrant) Visas
- Employment Based
- Labor Certification
- EB-2 / NIW
- Quotas and monthly visa bulletin
- Adjustment of Status v processing abroad at a US Embassy or Consulate (known as Consular Processing)
Inadmissibility and Removability
- Criteria & eligibility
- How to conduct the initial consult with the client who is seeking to naturalize
- Was the client “lawfully admitted for permanent residence”
- How to properly screen the case before filing and the importance of evaluating the case history
- What is the statutory period
- General rule on physical presence
- General rule on continuous residence
- How to establish good moral character
- Preparer’s signature warnings/Attorney declaration
- Supporting documents to submit with the application
- The naturalization interview
- When is the applicant actually considered a US citizen
- Child support
Consequences of Criminal Convictions for the Non-Citizen
- General waiver for non-immigrants
- Immigrant waivers and eligibility
- Fraud and material misrepresentation
- Unlawful presence
- Who are the qualifying relatives?
- How best to demonstrate extreme hardship
- Provisional waivers and criteria
- What happens if a client is denied a provisional waiver?
- Risks associated with sending the client abroad to interview after the waiver is recommended for approval
- Waivers after prior removal or deportation, permission to reapply for admission to the US;
- Cancellation of Removal for Permanent Residents and Non-Permanent Residents
- 212c waivers
- Waivers for Asylees
- INA 245k certain employment based applicants
- 237(a)(1)(H) waivers for those who were inadmissible at the time of admission to the US
- Hot topics in waivers
- Upward tick of allegations of alien smuggling
- Drug possession, drug trafficking and/or the dreaded “reason to believe” label
- Waiver for entry on a photo switched passport
- Matter of Arrabelly case
Refugee & Asylum
- Bars to asylum
- Eligibility to asylum
- Hot issues: Particular Social Groups
- Withholding (compared to asylum, similar/different)
- Convention Against Torture
“It was great and I learned a lot. It was an awesome experience, thank you!” Ismael Rosas, Esq.
“As a new attorney to immigration law I was satisfied with the program because it provided a great overview of immigration laws. I chose this particular seminar because of the comprehensive nature of the agenda and I appreciated that so many topics within immigration were covered.”
” It was an incredibly helpful overview of immigration! Thank you!” Yana Loboda, Esq.
“Very good speakers, well organized.”
“Excellent experience, good job!” Gulomjon Azimov, Esq.
“Overall I thought that the seminar was helpful and informative.” April Perez, Esq.
“Incredible rooster of speakers.” Serrano Margaret, Esq.
“Green, Damast, and Piibe were fabulous. Lots of energy, extremely knowledgeable, and their material was informative.” David A. Torres, Esq.
“Everything was well explained.” Aaron Caspar, Esq.
“It’s a good seminar. Thank you all! Loved Susan, James and Alary!!” Jenny (Paralegal)
“I needed a systematic overview of the major immigration case types and got it.”
“Truly enjoyed all the speakers and topics.”
“Well organized, breaks at perfect times, panel was perfect, great speakers. Well done!”
“It’s a good seminar, thank you all!”
“Comprehensive covers all major bases.”
“Speakers were very good obviously know their stuff.”
These testimonials are from previous immigration programs with similar topics and many of the same speakers.
“Fantastic! Really enjoyed the very clear discussion of issues relevant to day-to-day practice. Thank you!”
“[Judge Einhorn] is amazing and inspirational! He’s a wealth of knowledge & a very effective instructor!”
“Lots of new info!”
“Excellent!” D. Garrard, Esq.
“Good energy & display of expertise.”
“A lot of practical knowlege!”
In a message written to Judge Bruce Einhorn (ret.), an attendee expressed,
“As an attendee of the ‘Introduction to Immigration Practice’ I wanted to thank you for your insightful and obviously dedicated presentation this afternoon.
The content and the analysis of what an attorney must know and be able to present on behalf of her client was both a challenge intellectually but more importantly a call for good work to be done.
I was especially moved by your last statement that ‘if you decide to pursue this field of law…you might actually save a life.’ There could be no better motivation.
I enjoyed the afternoon both the material presented and the obvious dedication with which it was presented.
Thank you for your time and your energy.” G. Gottlieb, Esq.
Andrea Bird, Esq.
Andrea Ruth Bird is the founding attorney at the Bird Law Group in Irvine, California. She provides outside counsel advice and advocacy to small-to-medium sized businesses, emerging companies, startups, and entrepreneurs in highly regulated industries. Andrea assists clients with contracts, business formation, negotiations, intellectual property enforcement, regulatory compliance, and litigation.
Before founding the Bird Law Group, Andrea worked at “Big Law” firms in securities litigation, advertising law, white collar criminal defense and corporate investigations, complex business litigation, and appeals. Andrea also served as a law clerk for the Honorable Andrew J. Guilford in the U.S. District Court, C.D. Cal.
Andrea graduated from the University of California, Los Angeles School of Law, where she was the chief managing editor of the Journal of International Law and Foreign Affairs. In 2016, Andrea received the California Lawyer Attorneys of the Year Award for her work on transgender rights in the immigration context, which resulted in a published Ninth Circuit opinion.
Other representative matters include securing a declination from the U.S. DoJ in False Claims Act investigation on behalf of global medical device manufacturer; advising clients on copyright enforcement; and advising collectives, cannabis companies, and other entities on cannabis regulations and compliance.
Andrea resides in California, where she enjoys mentoring young women, training for half-marathons, and spending quality time with her family.
Sabrina Damast, Esq.
Sabrina Damast practices exclusively in the area of immigration and nationality law. Before opening her own law practice, Sabrina served as a judicial law clerk in the Los Angeles Immigration Court and worked as an immigration attorney in private practice. As a law clerk, she conducted research and wrote more than two hundred decisions for dozens of Immigration Judges. She developed an expertise in all forms of deportation defense, including applications for asylum, permanent residence, NACARA, fraud waivers, and criminal waivers. As an attorney in private practice, she solidified these skills by representing clients threatened with deportation.
Sabrina Damast is the principal attorney at the Law Office of Sabrina Damast in Los Angeles, California. She represents clients in all forms of immigration cases, with a particular focus on appeals, asylum, waivers, and "crimmigration" issues. She is an active member of the Southern California Chapter of the American Immigration Lawyers Association, the American Bar Association, and the Los Angeles County Bar Association.
Sabrina is a member of the New York and California Bars and is admitted to the Ninth Circuit Court of Appeals and the United States Supreme Court. She frequently publishes articles, teaches CLEs, and gives presentations on immigration law.
When she isn’t keeping up with the newest appellate immigration law cases, she enjoys swing dancing with her husband and serves as the leader for a Girl Scout troop in her neighborhood.
David B. Gardner, Esq.
Certified Specialist in Immigration and Nationality Law, State Bar of California, Board of Legal Specialization
Law Offices of David B. Gardner, Inc.
David B. Gardner has more than 30 years professional legal experience advising clients on US Immigration, International Business and Taxation matters. Mr. Gardner was admitted as a Solicitor in England and Wales in 1974, and as a Solicitor in Hong Kong in 1984. He became a member of the California Bar in 1979 and is admitted to the U.S. District Court for the Central District of California and to the U.S. Court of Appeals for the Ninth Circuit. He graduated from the University of Sussex, in England with a Bachelors’ degree in Law, with honors in 1974. He completed graduate studies at Northrop University, California (now University of West Los Angeles), with a Masters degree in Taxation in 1980 and subsequently taught at Northrop University as an Adjunct Professor of International Taxation. He is the author of: "IRS, INS and Foreign Entertainers," Hastings Law Review, Summer, 1983 and has written numerous articles and spoken on immigration law and practice. He founded the Law Offices of David B. Gardner in 1985 as an international law practice and since 1996, following a law firm merger, has practiced exclusively in the areas of Immigration and Nationality Law.
Mr. Gardner is Certified by the State Bar of California as a specialist in Immigration and Nationality Law. He represents clients in all types of immigration cases before Agencies of the Department of Homeland Security, the Executive Office for Immigration Review and in the Federal District Courts and Circuit Courts of Appeal. He was lead counsel in Vukmirovic v. Ashcroft, 362 F. 3d 1247(9th Cir. 2004). and Vukimorivic v Holder (9th Cir Sept 2010).
Mr. Gardner was co-founder of several non for profit organizations including the Spirit of Youth foundation (an exchange program between under-privileged youth from Los Angeles and in the United Kingdom); the California Israel Chamber of Commerce and the Southern California Israel Chamber of Commerce. He was awarded the honor of Cavillieri by the Government of Italy for legal services on behalf of the Italian Consulate in Los Angeles. He is a past president of Bnai David Judea Congregation in Los Angeles and continues to be active in a variety of local and international community organizations.
Louis A. Gordon, Esq.
Law Offices of Louis A. Gordon
Louis Gordon (admitted in the District of Columbia, New Jersey and Pennsylvania only, practice limited to Immigration & Nationality Law) has argued numerous cases before the Immigration Courts, Board of Immigration Appeals and U.S. Court of Appeals for the Ninth Circuit. He has a J.D.from the Benjamin Cardozo School of Law and a Ph.D. in Political Science from the University of Southern California. He is an adjunct lecturer in the Department of Political Science, at Calfornia State University at San Bernardino and in the Department of Legal Studies at American Public University, where he teaches Immigration Law.
Richard M. Green, Esq.
Partner, Certified Specialist in Immigration & Nationality Law, State Bar of California, Board of Legal Specialization
Carothers DiSante & Freudenberger, LLP
Rick Green is a CA Certified Legal Specialist in Immigration & Nationality Law.
He understands the importance of work and family, and places special emphasis on helping employers obtain immigration status and employment authorization in the United States for their employees and their family members. A highly experienced and skilled immigration lawyer, Green is a proud member of the American Immigration Lawyers Association and has been helping clients with their immigration issues for close to 15 years.
Whether you are an employer or employee seeking an employment based visa for a highly skilled employee, need to establish citizenship, want to bring a family member to the States under a family based visa, or need information regarding immigration opportunities for religious workers, Green puts his years of experience into play to assist his clients in an efficient and timely manner so they get what they need, when they need it.
Susan S. Han, Esq.
Founder/Certified Legal Specialist in Immigration & Nationality Law
Han Law Group
Ms. Susan S. Han is the founder and owner of Han Law Group, Immigration Attorneys. She has been practicing immigration law since 1998 and has vast experience in handling all aspects of immigration law including family-based petitions, business immigration, deportation and removal, asylum, U-visas, TPS, citizenship and naturalization, and appeals at all levels.
In addition to her practice, Ms. Han has been an adjunct professor at California State University, Los Angeles, and is a frequent guest speaker on immigration topics for various bar organization such as the Los Angeles County Bar Association (LACBA) and the American Immigration Lawyers Association (AILA).
Ms. Han received her Bachelor of Arts degree in English Literature from the University of California, Santa Barbara. She graduated with a Juris Doctor degree from Southwestern University School of Law where she earned the American Jurisprudence Award in Constitutional Law.
Nancy E. Miller, Esq.
Certified Specialist in Immigration & Nationality Law, State Bar of California, Board of Legal Specialization
Reeves, Miller, Zhang & Diza
Attorney Nancy E. Miller is Managing Partner of Reeves, Miller, Zhang & Diza. She heads the Deportation Defense and Federal Litigation Departments. She became a partner of the Firm in January 2008. She is certified by the State Bar of California as a Specialist in Immigration & Nationality Law.
Attorney Miller has successfully represented hundreds of clients in political asylum, withholding of deportation, cancellation of removal, and criminal and fraud waiver cases before the Immigration Court, U.S. District Court and the United States Court of Appeals. She successfully argued the landmark case of Song v. INS – a U.S. District Court case involving the availability of 212(h) waivers for persons convicted of certain crimes. She is also lead counsel in the nationwide class action lawsuit Costello v. Napolitano and co-counsel in the consolidated case of De Osorio v. Mayorkas which allows adult children to retain the priority date of their parent’s petitions despite their having aged-out.
During the almost thirty years that Ms. Miller has been an attorney, she has defended clients in the immigration courts; obtained immigration and naturalization benefits for clients from the INS/DHS; defended clients in state and federal criminal proceedings; and pursued post-conviction relief, such as petitions for habeas corpus and writs of coram nobis, for non-citizens convicted of crimes.
James Pack, Esq.
Partner, Certified Specialist in Immigration & Nationality Law, State Bar of California, Board of Legal Specialization
Fragomen, Del Rey, Bernsen & Loewy
James provides immigration counsel to large, medium, and small companies in a wide range of industries, including developing wireless technologies, animated feature film production, video game development, and pharmaceuticals.
As a Committee Member of the American Immigration Lawyers Association, James has worked directly with USCIS Service Centers to change policies and procedures and to resolve problematic specific issues.
He is a frequent presenter on immigration topics for various organizations.
Provided immigration counsel to companies that employ highly educated scientists working on cutting-edge wireless communication technologies.
Worked with entertainment studios, video game developers, and other companies in the computer graphics design field.
Secured an intracompany transfer visa for the Chief Technical Officer of a company that designs and develops custom applications for major online social networking websites and brand name high technology products.
Obtained green cards for scientists and engineers working in biotechnology, alternative energy sources, and wildlife conservation through National Interest Waivers and other immigrant visa classifications.
Alary E. Piibe, Esq.
Partner/Certified Legal Specialist in Immigration & Nationality Law
Hill & Piibe, Immigration Attorneys
Alary E. Piibe is a long-time litigator and certified as a specialist in immigration and nationality law by the State Bar of California Board of Legal Specialization who has developed keen and aggressive courtroom skills. Mr. Piibe prides himself as a formidable strategist who will make persuasive, effective presentations, and who represents his clients in a straightforward manner before US ICE (U.S. Immigration and Customs Enforcement, Department of Homeland Security), US CIS (U.S. Citizenship and Immigration Services, Department of Homeland Security) and the Immigration Court. This litigation style translates into a benefit for his clients, and helps cause the government to make a thorough and careful consideration of the cases during the adjudication process.
Mr. Piibe has considerable experience in applying for waivers for unlawful presence (otherwise known as “3/10 waivers” or “illegal presence” waivers). He treats each case as unique and devotes many firm resources in an “all-out” effort to obtain a successful conclusion that reunites a family. He is especially adept at criminal immigration issues, understanding the nuances that can mean the difference between success and deportation. Under his guidance, the firm has vacated numerous criminal convictions to cancel their effect on deportation and removal.
Mr. Piibe’s experience before the Asylum Office and the Immigration Court gives his clients additional protection, and he has won several asylum cases involving complicated and technical issues, which most immigration attorneys would have declared hopeless. Mr. Piibe is a member of both the California State Bar as well as the federal District Courts, enabling him great latitude to appear in any Court to pursue his clients’ needs.
Carl Shusterman, Esq.
Certified Legal Specialist in Immigration & Nationality Law
Law Offices of Carl Shusterman
Mr. Shusterman is a 1973 graduate of the UCLA School of Law. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) until 1982 when he entered the private practice of law. He is authorized to practice before the Supreme Court of California, the Federal District Court, the U.S. Court of Appeals, Sixth, Seventh and Ninth Circuits and the Supreme Court of the United States.
Mr. Shusterman is a former chairman of the American Immigration Lawyers Association (AILA), Southern California Chapter and served as a member of AILA’s National Board of Governors (1988-97). He has chaired numerous AILA Committees, spoken at dozens of AILA Conferences and has contributed a number of scholarly articles to AILA’s publications.
Mr. Shusterman is a Certified Specialist in Immigration and Nationality Law, State Bar of California. He has served as a member of the Immigration and Nationality Law Advisory Commission for the State Bar. Each year since 2002, he has been voted as a Super Lawyer in Southern California by his colleagues in the bar. For each of the past 10 years, Mr. Shusterman has been voted as one of the Best Lawyers of America. He is listed in The International Who’s Who of Corporate Immigration Lawyers.
Mr. Shusterman is a frequent writer and lecturer on immigration law. His articles, letters to the editor and quotes have appeared in such prestigious publications as the New York Times, Washington Post, Canada’s Globe and Mail, USA Today, Los Angeles Times, Wall Street Journal, National Law Journal, California Lawyer, Los Angeles Lawyer, Journal of the American Medical Association, Christian Science Monitor, Atlantic Monthly, Computer World, Information Week, Issues in Science and Technology, Variety, and numerous other publications. He has written for, and been quoted extensively in, leading periodicals specializing in immigration law including Interpreter Releases, Immigration Law and Procedure, Immigration Briefings, Inside Immigration, Immigration Journal and U.S. Immigrant Magazine. In addition, he has appeared on various television programs including NBC’s Today Show, CNN’s Headline News, the Nightly News with Peter Jennings and on a wide variety of nationally syndicated radio shows.
Mr. Shusterman has testified as an expert witness before the Senate Immigration Subcommittee in Washington, D.C.
Audio Course and Materials Package – CD or Download: $425
CD: plus $7.50 shipping and, in CA, sales tax.
CA General: This program is approved for 7.25 units of general CLE in California.
CA Certified Legal Specialist: This program is approved for 7.25 units of Certified Legal Specialist CLE in California in Immigration Law.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available. Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.