Immigration Law Committee

Transcription

1 WINTER 2008 Immigration Law Committee Winter 2008 Newsletter A PUBLICATION OF THE BOSTON BAR ASSOCIATION IMMIGRATION LAW COMMITTEE WINTER

2 Message from the Co-Chairs In the Fall of 2008, incoming co-chair Paul Glickman of Glickman Turley, LLP., joined Ellen S. Kief as co-chair of the BBA Immigration Law Committee. Upcoming CLE PERM Filings in Today s Economy Using Tomorrow s Forms Sponsored by: The BBA Immigration Committee & the American Immigration Lawyers Association (New England Chapter) 01/27/09-3:00 p.m. 6:00 p.m. John Adams Courthouse Register at: Ellen S. Kief Inside this Issue Message from the Co-Chairs Page 2 Upcoming Programs Page 2 Pro Bono in Boston Page 3 BBA Immigration Law Committee: Fall 2008 Highlights Page 3 Calendar of Events Page 3 Suggestions for Topics Page 6 Paul Glickman This newsletter was prepared by the leadership of the Immigration Law Committee and Committee member Miriam Ben-Ur. Signifi cant changes to PERM are expected in 2009 including the new Form ETA 9089 to be rolled out in coming months. This program will help the immigration professional to plan strategically for success in PERM cases, to be prepared for the coming PERM changes and to anticipate and cope with the problems which may come with the new 9089 form. Expert panelists will offer the practitioner valuable advice on successful strategies, from case evaluation through recruitment through the processing of the I-140. Hot topics to be discussed include the role of counsel in recruitment, DOL audits aimed at the law fi rm, fi ling PERM in the age of layoffs and hiring freezes, USCIS challenges to educational credentials and the inevitable questioning of the company s ability to pay in the oncoming recession. This program is designed for immigration professionals of all levels of expertise. Panelists: Ellen S. Kief, Esq. Law Offi ce of Ellen S. Kief Moderator Steven A. Clark, Esq. Flynn & Clark, P.C. Sharryn E. Ross, Esq. Ross, Silverman & Levy LLP Gary A. Pappas, Esq. Pappas and Lenzo Robin D. O Donoghue, Esq. O Donoghue Law Offi ce 2 WINTER 2008

3 Upcoming Brown Bag Beyond Public Charge: Legal Issues Facing Mixed Status Families Thursday, February 26, :00 PM Boston Bar Association - 16 Beacon Street RSVP online at ebusiness/meetings/eventdetail.aspx?id=1918 Anne Gillespie and Cristina Dacchille, Medical- Legal Partnership for Children, and Halim Moris, Moris and O Shea LLC, will discuss the evolving economic and political challenges faced by mixed status families in Boston, including: Obtaining accurate birth registration documents, Accessing public benefits, including food stamps, cash assistance and health insurance, and Responding to heightened risk and fear of detection and removal. Sponsored by: Immigration Law Committee BBA Immigration Law Committee: Fall 2008 BBA Immigration Law Committee Has Successful Fall Program Series The BBA Immigration Law Committee sponsored an informative series of seven programs in the Fall 2008 term under the leadership of co-chairs Ellen Kief and Paul Glick. Highlights included Immigration Practice Tips for Lawyers new to Immigration law Ineffective Assistance of Counsel and Notario Fraud Boston Immigration Court Trial Practice Cancellation of Removal Pro Bono Representation at Bond Proceedings Immigration relief for Victims of Domestic Violence U.S. and Canadian Immigration Law Perspectives on NAFTA. Calendar of Events Pro Bono in Boston September 26, 2008 Know Your Rights Training at the Boston Immigration Court: Trial Preparation, Cancellation Of Removal, and Pro Bono Representation at Bond Proceedings PAIR attorneys trained volunteer attorneys in representing detained individuals at bond hearings in immigration court. Fall 2008 Term in Review September 25, 2008 Immigration Policy and Reform: What Lies Ahead The BBA Immigration Law Committee and the Civil Rights and Civil Liberties Section invited Professor Dan Kanstroom to speak regarding the positions of the 2008 US presidential candidates regarding immigration reform. Professor Kanstroom is the Director of the Boston College Law School International Human Rights Program, Associate Director of the Boston College Center WINTER

4 Calendar of Events, con t for Human Rights and International Justice, and Clinical Professor of Law. Professor Kanstroom discussed how the past, present, and future of immigration policy and reform may shape our nation, in addition to how this might affect the ways in which we practice law. Dan Kanstroom pointed out that both Senators Obama and McCain support a path to legalization involving paying fi nes; and that both candidates voted for a fence along Mexican border. He also mentioned the current enforcement climate including workplace raids, and the focus on deportation of those who lack documentation and those who have been accused of crimes. October 2, 2008 Immigration Practice Tips for Non- Immigration Experienced Lawyers The BBA Immigration Law Committee joined the Solo & Small Firm Section, the Labor and Employment Law Section, the Civil Rights & Civil Liberties Section, and the New Lawyers Committee in this program regarding issues for solo and small fi rm attorneys representing clients in immigration matters. Ellen S. Kief, Paul Glickman, and Steve Clark, reviewed the immigration consequences of criminal arrests, charges and convictions, which can have a profound effect upon a non-citizen s rights and ability to remain in and return to the United States. They discussed the need for small businesses to consider the immigration status of their employees, since Immigration and Customs Enforcement (ICE) has the ability to audit employer s immigration forms (I-9), fi ne businesses which are out of compliance, and seek Federal criminal charges in the most egregious cases. The program provided key pointers regarding visa options available to non-citizens, from visiting the country to seeking permanent status, and aspects of family law involving marriage and divorce. October 15, 2008 Combating Notario Fraud The BBA Immigration Law Committee, the Political Asylum/Immigration Representation Project (PAIR), and the American Bar Association s Commission on Immigration co-sponsored this training held at the John Adams Courthouse. Howard Silverman, Ross, Silverman & Levy LLP, William Graves, Graves & Doyle, and Sarah Ignatius, Political Asylum/Immigration Representation Project presented issues raised by the unauthorized practice of law and motions to reopen for ineffective assistance of counsel based on notario fraud. In many Latin American nations, the Spanish term notario refers to an attorney or public offi cial with a duty to serve clients interests. In the United States, unscrupulous individuals use confusion over the meaning of the term to dupe unsuspecting immigrants into believing that they will help them with immigration matters, often charging exorbitant fees, and permanently damaging their opportunity to obtain legal permanent residence or citizenship in the US. This training covered motions to reopen based on ineffective assistance of counsel, as well as remedies for unauthorized practice of law, including the complaint procedure. October 17, 2008 Cancellation of Removal and Trial Practice Over fi fty attorneys met for a training at the Boston Immigration Court, co-sponsored with the BBA Immigration Law Committee, PAIR, and the American Immigration Lawyers Association (AILA). The training was led by Mary Holper of Boston College Law School, Heather Friedman of PAIR, Bob Halpin, Boston Immigration Court Administrator; Judge Paul Gagnon of the Boston Immigra- 4 WINTER 2008

5 tion Court, and John Marley, Senior Trial Attorney at ICE in Hartford, Connecticut. The attorneys presented the methods obtaining cancellation of removal for Legal Permanent Residents and for non-legal permanent residents, followed by a mock trial presided over by Judge Gagnon. October 23, 2008 U and T Visas, VAWA and Other Relief for Domestic Violence Victims Valerie Fisk of the Community Legal Services & Counseling Center (CLASCC) spoke to attorneys at the BBA regarding forms of immigration relief for victims of domestic violence. The BBA Immigration Law section co-sponsored this presentation with the Civil Rights and Civil Liberties, New Lawyers, and Delivery of Legal Services Sections of the BBA. Valerie Fisk addressed attorneys regarding three types of immigration relief for victims of domestic violence without legal status in the US or ability to achieve it through US citizen relatives. The fi rst form of relief includes U and T visas under the Victims of Traffi cking and Violence Protection Act of 2002, for immigrant victims of certain crimes who assist law enforcement in prosecution of crimes such as traffi cking in persons, rape, domestic violence, torture physical or mental abuse, or retaliation against victims of a crime, where the victim cooperates with law enforcement in prosecution. The second form of relief, under Violence Against Women Act of 1994 (VAWA), allows an abused spouse or child of a United States Citizen or Lawful Permanent Resident to self-petition for lawful status in the US, receive employment authorization, and access health benefi ts. Individuals who do not qualify for either VAWA, U or T relief, may be eligible for Special Immigrant Juvenile status or for Cancellation of Removal. In order to be eligible for a green card under the Special Immigrant Juvenile category, the person must be under 21 and be unmarried, have been declared a ward of a US court which has ruled that the child is eligible for long-term foster care or has placed the child in the custody of a state agency. Also, there must be a determination, reached through administrative or judicial proceedings, that it would not be in the child s best interests to be returned to their home country. November 6, 2008 The Secret to Attracting Clients Roger P. Glovsky of Indigo Venture Law Offi ces outlined the critical steps to attracting good clients, generating referral sources, transitioning from solo practice to larger fi rm environments. This program was co-sponsored by the Solo and Small Firm, Family Law, and New Lawyers Sections. Roger P. Glovsky of Indigo Venture Law Offi ces outlined the critical steps to attracting good clients, generating referral sources, transitioning from solo practice to larger fi rm environments. This program was co-sponsored by the Solo and Small Firm, Family Law, and New Lawyers Sections. Roger Glovsky shared his experiences of growing a practice from scratch. He outlined some methods of attracting clients who have a strong business plan in an area of business that the practice specializes in and who appreciate the value of legal counsel, with the end result that the law practice will become more profi table and its attorneys will be at liberty to pick and choose their work. November 12, 2008 U.S. and Canadian Immigration Law Perspectives on the North American Free Trade Agreement in the Post-9/11 Era* The BBA Immigration Committee joined the Business and International Law Sections and the American Immigration Lawyers Association (AILA) in sponsoring this seminar regarding representing US and Canadian citizens crossing the respective borders of their countries to obtain employment benefi ts under NAFTA. WINTER

6 The panelists were Seth Dalfen and Avi Gomberg of Gomberg Dalfen, and William Z. Reich and Andrew Wilson of Serrotte Reich Wilson, LLP. Douglas D. Hauer, Chin & Curtis, LLP, and Ellen S. Kief, of the Law Offi ce of Ellen S. Kief moderated this panel. The continuous flow of goods, services and people between the U.S. and Canada requires an understanding of how the government agencies interpret the immigration provisions of the North American Fair Trade Agreement (NAFTA. The panel discussed how the NAFTA is interpreted by U.S. and Canadian offi cials in terms of work permit issuance, the defi nition of a business visitor, and entry requirements for eligible citizens of the U.S. and Canada seeking to enter either country to work. In addition, the panel discussed the impact of increased border enforcement and expanded data sharing capabilities on the fl ow of people between the U.S. and Canada in the post 9/11 era. Suggestions for Topics Are there any topics you would like to learn more about or suggest that your colleagues present? The BBA Immigration Law Committee welcomes suggestions for presentation topics or pro bono projects by practitioners in various areas of immigration law. Send suggestions to the BBA Immigration Law Committee co-chair, Ellen Kief, at ekief@kiefl aw.com, with the subject line: BBA Immigration Committee: Suggestions. The program addressed NAFTA s immigration provisions for professional workers, t permissible business visitor activities, criminal issues and questions of admissibility at the U.S./Canadian border, same-sex spouses and unmarried partners entering the U.S. and Canada, challenges faced by U.S. and Canadian employers in transferring personnel to Canada or the U.S., similarities and differences in the cultures of adjudication within Canadian and U.S. agencies dealing with immigration, and practical considerations for U.S. employers considering Canada as an alternative location for employing professionals in light of the H-1B cap. *This CLE was also webcast thru West LegalEdCenter and is also available at For more information on purchasing the materials from this program, contact the CLE department at or cle@bostonbar.org. 6 WINTER 2008