Johnson County, KS Bar Association Friday June 9, 2017 Presented by Kathleen Harvey, JD & Kathleen Irish, JD

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2 Johnson County, KS Bar Association Friday June 9, 2017 Presented by Kathleen Harvey, JD & Kathleen Irish, JD

3 Kathleen Harvey, JD Kathleen Harvey has specialized in Immigration Law since 1992 when she graduated with Honors from UMKC Law School. She has taught, published, and lectured on Immigration Law, with a special heart for juveniles where she has earned lawful status for over 100 undocumented juveniles in the Kansas foster care system. Ms. Harvey recently retired, but The Harvey Immigration Law Firm continues to serve employers, families, and undocumented children throughout the United States.

4 Kathleen Irish, JD Kathleen Irish is an immigration attorney licensed to practice law in Kansas and Missouri. She is a 2009 graduate of the University of Missouri Kansas City, School of Law and has practiced immigration law exclusively during her career. Her practice focuses on family immigration matters, including adjustment of status, consular processing, and naturalization. She also has a sub-specialty in juvenile immigration, including representation of juveniles facing removal, undocumented juveniles in state foster care or private guardianships, international and domestic adoptions of foreign born children, and derivative citizenship issues.

5 Top 10 Ways to Lose Your Bar License for Non-Immigration Attorneys

6 What We Will Cover 1. Not Knowing Who Your Client Is 2. Not Knowing what the Documents Mean 3. Not Understanding Consequences of Criminal Pleas and Convictions 4. Not Explaining OTHER Collateral Consequences 5. Sponsorship--Divorce & Abduction & Bankruptcy

7 What We Will Cover 6. International Adoptions 7. GAL for Undocumented Kids 8. Employers Not Doing Enough Immigration Compliance 9. Going Too Far with Immigration Compliance 10. Not Knowing How To Protect a Victim

8 1. Not Knowing Who Your Client is US Citizen? Permanent Resident? None of the above?

9 2. Not Knowing what the Documents Mean Green card vs. Work card/visa Certificate of Naturalization vs. Citizenship Foreign birth certificate Valid with Work Authorization Only Social Security Card

10 3. Not Understanding Consequences of Criminal Pleas and Convictions Kentucky v. Padilla, 130 S. Ct (2010) Chaidez v. United States, U.S. Supreme Court, No (argued 11/1/2012)

11 4. Not Explaining OTHER Collateral Consequences Padilla/Chaidez expansion Columbia Law School Collateral Consequences Calculator

12 5. SPONSORSHIP DIVORCE -- Liu v. Mund, 7th Circ. Affidavit of Support SPONSOR'S OBLIGATED 'TIL DEATH THEY DO PART OR INTERNATIONAL PARENTAL ABDUCTION BANKRUPTCY

13 6. International adoption Here? There? Anywhere? * Hague vs. Non-Hague vs. I-130 * Domestic adoption of/by foreign nationals? * Private international adoptions?

14 5. SPONSORSHIP ABDUCTION DUTY TO WARN Jane and Tarzan sittin in the tree K-I-S-S-I-N-G First comes love, then comes marriage, Then comes Junior in a baby carriage. Jane and Tarzan FIGHTIN in the tree Y-E-L-L-I-N-G First come the lawyers, then comes the Judge

15 THEN COMES JUNIOR S INTERNATIONAL PARENTAL ABDUCTION, FOLLOWED BY JANE S MALPRACTICE COMPLAINT against Jane's lawyer for failure to ascertain the citizenship of all parties, neglecting to caution Jane about the warning signs of international parental abduction, and was derelict by not describing, in writing the recommendations for parents when international marriages collapse.

16 7. GAL for Kids Eligible for Special Immigrant Juvenile Status -- SIJS BEST INTERESTS OF THE CHILD & OPTIONS FOR UNDOCUMENTED JUVENILES

17 8. Employer Immigration Compliance: Not Doing Enough: CIVIL & CRIMINAL

18 9. Employer Immigration Compliance: Going TOO FAR, IRCA DISCRIMINATION 8 cases in $600K $34.7K

19 10. Not Knowing How to Protect a Victim: Your: Criminal defendant Domestic client Wage/hour worker Could be a victim

20 Conclusions and Q&A Kathleen Harvey Kathleen Irish