Removal Hearings Before the EOIR Immigration Court – Part 2

Qualifying for Residence in the US

In this second day of the two day training we will explore the complex legal framework of Immigration Removal Hearings before the EOIR Immigration Court. Bring your computer because we will be researching and strategizing actual cases, as well as preparing the pleadings and assembling the supporting documents together. You will have an opportunity to role play your new practice area to determine your level of technical and performance competency.

8:00 am – 8:15am Welcome, Introduction and Goals

8:15 am- 9:45 am: Removal Hearings before the EOIR Immigration Court

• Overview and Executive Summary of Immigration Court
• Political considerations
• Immigration Court schedules and jurisdiction
• Relief in Removal Hearings – the Third Door
  • Forms of Relief and Waivers
  • Adjustment of status
  • Waivers of Grounds of Inadmissibility and Removability
  • Cancellation of removal
  • Registry
  • Withholding of removal
  • Political asylum
  • Convention against torture
  • VAWA and U/T Visas
  • Temporary protected status/Deferred Action
  • Naturalization
  • Voluntary departure

9:45 am – 10:00 am MORNING BREAK

10:00 am – 12:00 pm Substantive and Procedural Law of the Immigration Court Practice

• Kurzban
• INA
• EOIR
• US Department of Homeland Security Office of the Chief Counsel
• US ICE
• AILA LINK

12:00 pm – 1:00 pm LUNCH BREAK

1:00 pm – 2:00 pm: Needs Assessments, Legal Fees and Contracts

• Legal Ethics – Model Rule 1.5: Appropriate Fees for Legal Services in Business Immigration Law
• Lead Generation, Lead Conversion and Client Fulfillment

3:00 pm – 3:15 pm AFTERNOON BREAK

3:15 pm – 5:15 pm Preparing and Filing for Individual Merits Hearing in Immigration Court

• Questionnaire and Document Review
• Preparing forms, briefs and documents
• Assembly, filing and Attorney Cover Letter
• Mock Hearing
• Approvals, Denials and Appeals/Writs

5:15 pm – 5:30 pm: Implementing the new practice area

• American Immigration Lawyers Association
• Coaching/Mentoring

5:30 pm END OF PROGRAM

Training 4: Immigrant Visas and Permanent Residency for Spouses and Children

In this one day intensive you will learn how to competently prepare and file marriage based permanent residency applications for spouses and children of US citizens living in the US and abroad. A laptop computer with wireless internet capabilities is required to prepare and print the necessary online forms. We will provide each attorney with a binder containing 68 exhibits as well as electronic copies of all of the documents.

8:30 am-8:45 am: Introduction and Welcome

8:45 am – 9:45 am: Marriage Based Immigrant Visas: Overview.

We will give the executive summary on marriage based immigrant visas and review the intake forms, checklist and contracts for this type of case.

• CINA Pre-FTC Intake
• CINA Free Telephone Consult Intake Form
• Fiancée / IV Intake Form – Citizen
• Fiancée / IV Intake Form – Non Citizen
• AOS Family Checklist w job letter and gfm sample letter
• CINA Immigrant Visa contract sample
• CINA Adjustment of Status contract sample

9:45 am – 10:30 am: Legal Requirements for Marriage Based Immigrant Visas

You will use popular resources to quickly ascertain current substantive and procedural requirements for the marriage based immigrant visa for embassy processing.

• Kurzban – Permanent Residence and Immediate Relatives/Immigrant Visa Processing
• Kurzban – Preference Immigrant Categories
• Visa Bulletin
• NVC Immigrant Visa Website
• I-130 Instruction
• I-864 Instructions
• I-864EZ
• I-864 A instructions
• I-864 P Poverty Guidelines
• I-693 Medical Exam instruction sheet

10:30 am – 10:45 am: AM Break

10:45 am – 11:45 am: Preparing the Case

We roll up our sleeves and prepare actual cases for submission. We review the necessary documents and complete the mandatory USCIS forms.

• Overview of USCIS and Dept of State Websites
• Birth Certificate – US Citizen
• Birth Certificate – Non Citizen
• Marriage Certificate
• Non-Citizen Passport
• Timothy Parker Divorce
• Sally Child BC
• Shelton Child BC
• 3 Years 1040 Tax Returns w/ W-2 forms
• Three Paystubs
• Employment Verification Letter
• Proof of good faith marriage:
  • Photos
  • Supporting Letters
  • Wills
  • Lease
  • Insurance – health
  • Insurance – life
  • Insurance – auto
  • Joint Bank Accounts
  • Credit/Debit Cards
  • Auto registration – title

11:45 am – 12:30 pm: Presentation of the Case – Embassy

We navigate the journey through 3 separate government agencies and prepare to receive our final decision on our case.

• I-130 Form completed
• G-325a Citizen
• G-325a Non Citizen
• I-130IV letter to USCIS
• I-130 receipt original
• I_130_approval_original
• NVC IV Letter and Fee Bills
• IV NVC P3 Checklist p 1-6
• DS 230 part 1
• I-864
• I-864 ez
• IV Transmittal Letter – NVC Doc Processing
• IV NVC P4
• Immigrant Visa Binder Cover Sheet
• Immigrant Visa Refusal Letter re Domicile
• Immigrant Visa
• I-94 document retrieval with CBP

12:30 pm – 1:30 pm Lunch

1:30 pm – 2:30 pm: Presentation of the Case – USCIS Adjustment of Status

• AOS Family Checklist with GFM list and sample employment letter
• AOS Intake Form – Non Citizen
• AOS & IV Intake Form – Citizen
• RESEARCH
• Kurzban Adjustment of Status
• I-485 Instructions
• I-765 Instructions
• I-131 Instructions
• I-485 Supplement A Instructions
• I-485 Supplement A Form
• AOS I-485 Application
• I-765 Form
• I-131 Form
• Sample attachment to form I-131
• AOS Transmittal Letter to USCIS from fiancée visa entry
• AOS I-485 receipt
• AOS I-130 receipt
• AOS I-131 receipt notice
• AOS I-765 Receipt
• AOS I-485 Biometrics appointment notice
• AOS I-765 Approval notice
• AOS USCIS Appt notice and checklist
• AOS USCIS Approval notice
• AOS USCIS I-130 Approval notice
• AOS Denial Notice

3:45 pm -4:00 pm: PM Break

4:00 pm – 5:30 pm: Post Filing issues

We receive our decision and explore worst case scenarios and examples of success. We discuss managing client expectations and disappointments, requesting supervisory review and advisory opinions for cases improperly denied at embassies and appeals

• Immigrant Visa refusal letters from Embassy
• Adjustment of Status denial letters from USCIS
• Form I-290B Appeal

5:30: Conclusion of Program

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