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Immigration Workshop: Conquering Family & Employment Immigration Forms Agenda

  1. Introduction (Jay Bagia, Esq.) (45 mins)
    1. Overview of Representing Individuals/Corporations before the Department of Homeland Security
      1. 3 different agencies under Department of Homeland Security
        1. USCIS: United States Citizenship & Immigration Service
        2. ICE: Immigration & Customs Enforcement
        3. CBP: Customs and Border patrol
      2. Review of Form G-28
    2. Overview of ways to obtain lawful permanent resident status in the United States
      1. Family, Employment, Asylum, Diversity Lottery, Cancellation of Removal
    3. Overview of non-immigrant, temporary visas
      1. Most popular temporary visas: visitor visa, student visa, religious worker, intra-company transfer, treaty trader, treaty investor
    4. Overview of becoming a US citizen
      1. Naturalization
        1. Review of Form N-400
      2. Automatic citizenship
        1. Review of Form N-600
  2. Family Based Immigration (Jay Bagia, Esq.) (1 hour, 15 mins)
    1. Overview of family relationships which afford immigration status
      1. Immediate Relatives
        1. Spouses of US Citizens
        2. Parents of US Citizens over 21 years of age
        3. Children of US Citizens
      2. Preference Categories
        1. Spouses, children of Lawful Permanent Residents
        2. Over 21 children of US Citizens
        3. Siblings of US citizens
    2. Process of filing for immigration status based on family relationship
      1. Petition Process
        1. Review of Form I-130
      2. Adjustment of Status if inside USA
      3. Consular Processing of outside USA
    3. Adjustment of Status based on family relationship
      1. Overview of Process
        1. Review of Form I-485
        2. Review of Form G-325A
        3. Review of Form I-864
        4. Review of Form I-765
      2. Waivers for Criminal Convictions, Fraud, Unlawful Presence
        1. Review of Form I-601
      3. Must be inspected and admitted
        1. Exception: Protection under legacy INA 245(i)
        2. Overview of Form I-485A
      4. Must be in status in order to adjust status
        1. Exception: Approved immediate relative petition
    4. Consular Processing based on a family relationship
      1. Overview of Process
        1. Petition Approval
        2. National Visa Center
        3. Review of Form DS-230
      2. Unlawful Presence Bar
        1. 601 Waiver Needed
      3. Re-examination of the petition
    5. Issues involving Marriage to US citizen
      1. Overview of Fiancée Visa (K-1)
        1. Review of Form I-129F
      2. Prevalence of marriage fraud
        1. Review of Form I-751
      3. Ethical issue: Who is your client?
  3. Break (15 minutes)
  4. Employment Based Immigration (Shelley Grant, Esq.) (45 mins)
    1. Obtaining lawful permanent resident status based on employment
      1. Process
        1. Labor Certification
          1. Review of Form ETA 750
        2. Petition for Alien Worker
          1. Review of Form I-140
        3. Adjustment of Status or Consular Processing
          1. Adjustment of Status
            1. Must be in status unless there is 245(i) protection
          2. Consular Processing
            1. Waiver needed if inadmissible
        4. Employment Based Categories subject to Preference System
          1. EB1: Priority Workers
          2. EB2: Members of the Profession Holding Advanced Degrees
          3. EB3: Skilled Workers, Professionals, Other Workers
          4. EB4: Certain Special Immigrants
    2. Temporary Employment Based Visas
      1. Overview of H1b Visa, L Visa, E Visa, R Visa, B1 Visa
        1. Review of Labor Condition Application
        2. Review of Form I-129
        3. Review of Form I-539
    3. Employment Creation Visa (EB 5)
      1. Regional Center vs. Direct Investment
      2. Request if filed on Form I-526
    4. Issues in Employment based immigration
      1. Who is your client?
      2. Ethical issues with advertising a position for labor certification
  5. Changes and Proposed Changes to US Immigration Law (Shelley Grant, Esq.) (15 mins)
    1. Discussion about change in enforcement priorities for individuals in Immigration court
      1. What exactly is the change?
      2. Who does it affect?
    2. Overview of proposed rule on state side waiver processing (Ricky Palladino, Esq.)
      1. What exactly is the change?
      2. Who does it affect?
  6. Questions and Answers (Time Permitting)