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This webinar provides an overview of the DACA renewal process and highlights other updates to DACA guidance.  We share practice tips and respond to common questions about the renewal process and the new Form I-821D. 

By Ilissa Mira, CLINIC Training and Legal Support Attorney

By Debbie Smith

By Susan Schreiber

Three recent circuit court decisions provide some good news for immigrants related to immigration consequences of criminal offenses. These decisions, summarized below, address (a) analyzing when an offense is a crime of moral turpitude; (b) LPR eligibility for an INA § 212(h) waiver; and (c) conviction finality.

GENERAL

 

1. Can DACA recipients travel abroad? 

Yes, but only if they receive permission from the government. 

By Tatyana Delgado, CLINIC Training and Legal Support Attorney

On June 15, 2012, the Secretary of the U.S. Department of Homeland Security issued a memorandum allowing individuals who entered the U.S. as children and meet certain guidelines to apply for Deferred Action for Childhood Arrivals (DACA).   U.S. Citizenship and Immigration Services (USCIS) began accepting DACA applications in August 2012 and issuing DACA approvals in September 2012.  This article provides updates on a variety of issues related to DACA eligibility and adjudications. 

New Policy on Minors and False Claims to U.S. Citizenship

By Sarah Bronstein

BIA Affirms Effect of Entry with False Claim of Citizenship

By Charles Wheeler

Recent Circuit Court Cases on Derivation and Acquisition

By Jennie Guilfoyle and Debbie Smith

Derivation of Citizenship

Derivative citizenship under former INA § 321(a) does not require LPR status prior to turning 18, as long as the individual was residing in the United States before age 18, the Second Circuit held on August 12, 2013.  Nwozuzu v. Holder (2d Cir. 2013)

Issues: 

On September 26-27, 2013, CLINIC conducted a two-day training in Kansas City on provisional adjudication of unlawful presence waivers. The training included a presentation by Robert Blackwood, Assistant Section Director for Adjudications at the National Benefits Center (NBC), who gave an update on the waiver adjudication process at the NBC and answered questions from training participants. A summary of the information he provided appears below.

This webinar is for non-immigration lawyers, community organizers, Deferred Action for Childhood Arrivals (DACA) recipients, and others who would like to learn about how DACA recipients can travel abroad.

This webinar is for legal service providers and others helping DREAMers apply for Deferred Action for Childhood Arrivals (DACA). One year after DACA’s launch, we will review important DACA developments and explore ways we can continue to improve DACA-related services.

BIA Clarifies When Derivatives May Adjust under 245(i)

By Charles Wheeler

In a recent decision the Board of Immigration Appeals held that after-acquired derivatives are not eligible to be considered “grandfathered” for purposes of eligibility for section 245(i) adjustment of status. Matter of Estrada, 26 I&N Dec. 180 (BIA 2013).  This decision clarifies but is consistent with prior USCIS memos interpreting this provision.

Court Strikes Down Regulation Limiting K-4 Adjustment

 By Charles Wheeler

Updates on Family-Based Immigration from the VSC and NVC

By Jennie Guilfoyle

Introduction to Immigration Law Practice: A Course for New Practitioners

Introduction to Immigration Law Practice:
A Course for New Practitioners


Presented by
Catholic Legal Immigration Network, Inc. (CLINIC)
And
Catholic Charities of Dallas, Immigration and Legal Services Program

April 23 – 24, 2013
8:45 a.m. - 5:15 p.m. – Day One
8:45 a.m. – 4:45 p.m. – Day Two

Location:
Catholic Charities of Dallas
1st Floor Conference Room
9461 LBJ Freeway (Hwy 635)
Dallas, TX 75243
(214) 634-7182 x 228

$235 per person from CLINIC affiliate programs; $705 cap ($50 materials fee per person for more than 3 attendees from the same office site)

$260 per person for other non-profit agency staff; $780 cap
($50 materials fee per person for more than 3 attendees from the same office site)

$390 per person for private attorneys and staff 

Continental breakfast included.  Lunch is on your own.

This two-day training provides the new immigration practitioner with an overview of immigration law concepts and the practice skills necessary to be an effective advocate. Through large group presentations and small group exercises, participants learn about rights and remedies under immigration law, the functions of the different government agencies that carry out immigration law,

and the fundamentals of interviewing clients, preparing applications, and staying up-to-date on the law.  Topics covered include the family-based petition process, adjustment of status, consular processing, inadmissibility and deportability concepts and select grounds, naturalization and BIA accreditation.  The trainers for this program are CLINIC attorneys Sarah Bronstein and Charles Wheeler.  

The training is for the staff of Catholic Charities and other community-based organizations with IRS 501(c)(3) status, and attorneys and legal staff of private law offices.  If you are not an affiliate and are registering as staff of a community-based organization, you must fax a copy of your IRS 501(c)(3) letter designating your agency as a nonprofit entity to CLINIC at (202) 635-2649.  Your registration will be confirmed upon receipt of this letter. If you fail to submit your 501(c)(3) letter you can be disenrolled. If you are an attorney, please include your state bar number. Payment is by credit card only.  Please be sure to register under the correct category and for the correct training.  All registration changes, cancellations or disenrollments are subject to an administrative charge of $70.  Please note that CLINIC can only issue refunds for a training until one week prior to the first day of the training.

The deadline for registration is April 18 or sooner if registration is filled.  For registration information contact Dinah Suncin at dsuncin@cliniclegal.org.

Hotel Reservations:  A block of rooms is being held at the Holiday Inn Express Hotels and Suites, located at 9089 Vantage Point Drive, about a mile from the trainings site.  The room rate is $85.00 per night, plus tax.  To make a reservation, contact the hotel by April 15 at (972) 889-9972 and ask for the group block under CLINIC.  The hotel offers free shuttle services from the Love Field airport and will provide shuttle service to and from the training site.  Contact the hotel if you would like to use the shuttle service.   

Training Location and Parking:  Catholic Charities of Dallas is located on the northeast corner of the intersection of the LBJ Freeway (Hwy 635) and Abrams Road.  The office is in the Northcreek Place office park, across the parking lot from the Chase Bank building.  Free parking is available anywhere in the office complex parking lot.

REGISTER HERE

Training Category: 
Training Location: 

This webinar discussed the recent final regulation implementing the provisional waivers for unlawful presence.

Click here to view the PowerPoint slides.

Held on January 8, 2013.

On January 3, 2013, the USCIS finalized its regulation regarding the adjudication of waivers for those who are consular processing and would be triggering the unlawful presence ground of inadmissibility.  The rule provides a process by which the agency will adjudicate these waivers before the applicants leave for their immigrant visa interview.  The procedure would be available only to immediate relatives who are inadmissible based on unlawful presence – and no other grounds – and who can establish extreme hardship to a qualifying U.S.

Bars and Waivers: All about Inadmissibility Grounds and How to Overcome Them

Co-Sponsored by
Catholic Legal Immigration Network, Inc. (CLINIC), and
Catholic Charities Immigration Legal Services of the Archdiocese of Omaha

 March 20-22, 2013
8:30 – 5:00, March 20, 21
Optional tour of Nebraska Service Center, March 22

Location:
Hilton Garden Inn
1005 Dodge St.
Omaha, NE 68102
(402) 341-4400 

$235 per person for affiliate agency staff; $705 cap ($50 materials fee per person for more than 3 attendees from the same office site) 

$260 per person for other non-profit agency staff; $780 cap ($50 materials fee per person for more than 3 attendees from the same office site) 

$390 per person for private attorneys and staff

Continental breakfast is included.  Lunch is on your own. 

This two-day training will provide an in-depth analysis of the most common grounds of inadmissibility, including fraud, false claims to US citizenship, crimes, immigration violations, smuggling and health grounds. The training will also present practical information on developing and submitting a successful waiver application to overcome inadmissibility.  Participants will learn how to develop a theory for the case, marshal the facts, and obtain necessary supporting documentation. The training will also cover the latest developments on provisional waivers and stateside processing, including a presentation by representatives from the Nebraska Service Center. Training participants may also sign up to tour the Nebraska Service Center on March 22.

The trainers for this program are CLINIC attorneys Charles Wheeler and Susan Schreiber.  An application for Nebraska CLE credit is pending.

The training is for the staff of Catholic Charities and other community-based organization with IRS 501(c)(3) status, and attorneys and legal staff of private law offices.  If you are not an affiliate and are registering as staff of a community-based organization, you must fax a copy of your IRS 501(c)(3)letter designating your agency as a nonprofit entity to CLINIC at (202) 635-2649. Your registration will be confirmed upon receipt of this letter.  If you fail to submit your 501(c) (3) letter you can be disenrolled. If you are an attorney, please include your state bar number.  Payment is by credit card only.

Please be sure to register under the correct category and for the correct training.  All registration changes, cancellations or disenrollments are subject to an administrative charge of $70.  Please note that CLINIC can only issue refunds for a training up to one week prior to the first day of the training.

Space is limited to 50 participants. The deadline for registration is March 14 or sooner if registration is filled.  For registration information contact Dinah M. Suncín at dsuncin@cliniclegal.org.

For the training agenda, click here.

(Please note that attendees must first register and pay to attend the training in order to participate in the bus tour.)


To sign up for the tour of the Nebraska Service Center and register for bus transportation, click here.

Hotel Information:  A block of rooms is being held at the Hilton Garden Inn at 1005 Dodge St. where the training is taking place. The room rate is $109.00 per night single or double occupancy, plus tax. To make a reservation, contact the hotel by February 19 at 402-341 4400 and ask for the group block under CLINIC.  The hotel is in the downtown/Old Market area of Omaha and offers free shuttle service to and from Eppely Airfield.  

Tour of the NSC: An optional tour of the Nebraska Service Center is being offered on Friday March 22.   A bus will depart the Hilton Garden Inn at approximately 8:00 a.m. for the Nebraska Service Center in Lincoln and then head back to Omaha by noon.  If possible, the bus will go directly to the Omaha airport before returning to the Hilton Garden Inn.  If you are departing Omaha by flight that day, we suggest that you make reservations for a flight departing after 3:30 p.m.  The fee for round-trip bus transportation is $30.00.

REGISTER HERE

Training Type: 
Training Category: 
Training Location: 

14th Annual Family Immigration Law Conference and Tour of the Consulate

14th Annual Family Immigration Law Conference and Tour of the Consulate

Co-Sponsored by:

Catholic Legal Immigration Network, Inc. (CLINIC)
Catholic Charities of Dallas, and
Diocesan Migrant and Refugee Services

November 14-15, 2012
Optional tour of the consulate on November 16 (separate registration required)

8:00 a.m. – 5:00 p.m., Nov. 14: Conference Day 1
8:45 a.m. – 5:00 p.m., Nov. 15: Conference Day 2
9:00 a.m. – 2:00 p.m., Nov. 16: Optional Tour of the Consulate

Location:

Wyndham El Paso Airport Hotel
2027 Airway Blvd.
El Paso, TX 79925

800-742-7248

$235 per person from affiliate agencies; $705 cap
($50 charge for each attendee beyond 3)

$260 for other nonprofit agencies; $780 cap
($50 charge for each attendee beyond 3)

$390 for private attorneys and staff

$40 optional tour of the U.S. consulate in Cd. Juarez (requires separate registration)

Please be sure to register under the correct category and for the correct training.  All registration changes or cancellations are subject to an administrative charge of $70.00

Registration for the training includes an electronic version of CLINIC’s Family-Based Immigration Law manual and continental breakfast both days. Lunch is on your own.

This two-day training will provide updated information on selected topics in family-based immigration, including: conversion and retention of priority dates; consular processing; adjustment of status; Child Status Protection Act; remedies for surviving relatives; selected grounds of inadmissibility; ethical issues in family-based immigration; new waiver filing procedures; and tips for filing effective waiver applications.  Speakers include CLINIC’s Charles Wheeler and Susan Schreiber, CIS Ombudsman staff attorney Peggy Gleason, and USCIS and US consular officials from Cd. Juarez.  The training is designed for practitioners who have some experience in family-based immigration law.  This is not an introductory training and is not geared to brand new practitioners. CLE applied for, including one hour ethics credit. 

The training is for the staff of Catholic Charities and other community-based organizations with IRS 501(c)(3) status, and attorneys and legal worker staff of private law offices.  If you are registering as staff of a community-based organization, you must fax a copy of your IRS 501(c)(3) letter designating your agency as a nonprofit entity to CLINIC at 202-635-2649.  Your registration will be confirmed upon receipt of this letter.  If you are an attorney, please include your state bar number. Payment is by credit card only.

Space for the training is limited to 125 participants.  The deadline for registering for the conference is November 11, 2012 or sooner if registration is filled.  For questions about training registration, please contact Dinah Suncin at dsuncin@cliniclegal.org. Space for the consular tour is limited to 75 persons. The deadline for registering for the consular tour is October 29th, or sooner if capacity is met. For more information regarding the tour, call (915) 532-3975, ext. 212.

Lodging is available at the Wyndham El Paso Airport Hotel for $99 per day, single or double.  When making the reservation, call (800) 742-7248 at least two weeks before the training to ensure that special rate and indicate you are coming to the “CLINIC” training. Other hotels are located nearby.

For registration and information regarding the optional consulate tour, CLICK HERE

For information on the agenda, CLICK HERE

REGISTER HERE

Training Type: 
Training Category: 
Training Location: 

Tour of the American Consulate in Ciudad Juarez

Invites you on a

Tour of the American Consulate in Ciudad Juarez

Friday, November 16, 2012

9:00 a.m. – 2 p.m.

Cost: $40

Please note that the price includes a box lunch.

Anticipated Schedule:

9:00 a.m.              Bus picks you up Wyndham El Paso Airport Hotel
10:00 a.m.           Tour of American Consulate, Ciudad Juarez
Noon                     Bus leaves Ciudad Juarez for return trip; box lunches will be provided
2:00 p.m.             Bus arrives Wyndham El Paso Airport Hotel

Space is limited

The deadline for registering is November 3, 2012
No one will be permitted on the tour unless registered by that date.
Remember that a passport is required for reentry to the United States.

For more information regarding the tour, call (915) 532-3975, ext. 212.

REGISTER HERE

Training Type: 
Training Category: 

Immigration Program Management Training

Immigration Program Management Training

Sponsored by
Catholic Legal Immigration Network, Inc. (CLINIC)

Hosted by
Catholic Charities of St. Paul and Minneapolis

July 31st and August 1st,  2012
8:00 a.m. – 5:00 p.m.  Day One
8:00 a.m. – 3:30 p.m. Day Two

Location:
Catholic Charities of St. Paul and Minneapolis
1200 2nd Ave South, Board Room
Minneapolis, MN
651-647-3113

$235 per person from affiliate agencies; $705 cap ($50 materials fee for each additional staff from the same office location)

$260 per person for other non-profit agency staff; $780 cap

($50 materials fee per person for more than 3 attendees from the same office site)

$390 per person for private attorneys and staff

Please be sure to register under the correct category and for the correct training. All registration changes or cancellations are subject to an administrative charge of $70.00.

Breakfast, Lunch, and Dinner are on your own.

This two-day training provides a complete overview of how to start and sustain a nonprofit immigration legal services program. It features a manual and curriculum that offers detailed information and suggestions for applying for Board of Immigration Appeals agency recognition and staff accreditation, implementing effective case management systems, fundraising and scores of other pertinent topics related to managing an immigration program. 

Participants will learn how to determine which applications to accept and how to adjust fees to obtain the best support for their program. There will be a discussion of case intake and management strategies, avoiding unauthorized practice of law, and strategies for working with the funders and delivering on grant objectives.

The training is highly interactive. Participants will leave with a plan to create or improve immigration legal services. Past participants have used information from this training to build or expand their legal immigration capacity.

The training is suitable for program staff from a wide range of organizations, including established immigration programs, ethnic and immigrant organizations, domestic violence and sexual assault coalitions and service providers, unions, social services and medical providers, and educational programs (ESL and Citizenship).

The training will be presented by Michelle Sardone, BIA Fully Accredited Representative and Jack Holmgren, Attorney, both of whom work at CLINIC’S Center for Citizenship and Immigrant Communities as Field Service Coordinators. 

The training is for the staff of Catholic agencies and other community-based organizations with IRS 501(c)(3) status, and attorneys and legal worker staff of private law offices. If you are registering as staff of a community-based organization, fax a copy of your IRS 501(c)(3) letter designating your agency as a nonprofit entity to CLINIC at (415) 394-8986 to the attention of Jack Holmgren. Your registration will be confirmed upon receipt of this letter and your payment through the website by credit card only. No checks or cash accepted for payment.

Space is limited to 30 participants. The registration deadline is July 20, 2012 or sooner if registration is full. For registration information call Jack Holmgren at (415) 394-8074.

Lodging

Hilton Hotel, at 1001 Marquette Ave, Minneapolis is directly across from the training site.

The Twin Cities has numerous other lodging options.

REGISTER HERE

Training Category: 
Training Location: 

Children who have been the victims of abuse, abandonment or neglect are among the most vulnerable immigrants in our society.  These children may qualify for Special Immigrant Juvenile Status (SIJS), a pathway to becoming a lawful permanent resident.  The presenters discuss the eligibility requirements for SIJS as well as the procedures for applying both affirmatively and defensively in removal proceedings.  The presenters for this webinar are Sarah Bronstein and Kristina Karpinski, Training and Legal Support Attorneys with Catholic Legal Immigration Network.

Introduction to Immigration Law Practice: A Course for New Practitioners

Introduction to Immigration Law Practice:

A Course for New Practitioners

Presented by

Catholic Legal Immigration Network, Inc. (CLINIC)

July 17 - 18, 2012
8:45 a.m. - 5:30 p.m. – Day One
8:45 a.m. – 4:45p.m. – Day Two

Location:

Asian Pacific American Legal Center
1145 Wilshire Blvd., 2nd floor
Los Angeles, CA 90017
(213) 977-7500

$235 per person from CLINIC affiliate programs; $705 cap ($50 materials fee per person for more than 3 attendees from the same office site)


$260 per person for other non-profit agency staff; $780 cap

($50 materials fee per person for more than 3 attendees from the same office site)
 

$390 per person for private attorneys and staff

Continental breakfast included.  Lunch is on your own.

 

This training offers 12 hours of California MCLE credit.

This two-day training provides the new immigration practitioner with an overview of immigration law concepts and the practice skills necessary to be an effective advocate. Through large group presentations, skits, and small group exercises, participants learn about rights and remedies under immigration law, the functions of the different government agencies that carry out immigration law,

and the fundamentals of interviewing clients, preparing applications, and staying up-to-date on the law.  Topics covered include the family-based petition process, adjustment of status, consular processing, inadmissibility and deportability concepts and select grounds, naturalization and BIA accreditation.  The trainers for this program are CLINIC attorneys Sarah Bronstein and Susan Schreiber.  

The training is for the staff of Catholic Charities and other community-based organizations with IRS 501(c)(3) status, and attorneys and legal staff of private law offices.  If you are registering as staff of a community-based organization, you must fax a copy of you IRS 501(c)(3) letter designating your agency as a nonprofit entity to CLINIC at 202-635-2649 to the attention of Andres Abella. Your registration will be confirmed upon receipt of this letter. If you are an attorney, please include your state bar number. Payment is by credit card only.

Note that this is an interactive training with several small group exercises included in the curriculum. Prior to the training, participants will receive an email with some short reading and worksheet assignments to be completed before the training starts. Participants will also have a homework assignment to complete for day two of the training.

The deadline for registration is July 12th or sooner if registration is filled.  For registration information contact: Dinah Suncin at dsuncin@cliniclegal.org.

For the agenda and additional information, click here:

Training Location: The training will take place at the Asian Pacific American Legal Center near downtown Los Angeles.  There are paid parking lots in the vicinity.  If you wish to be close to the training site we suggest you stay in the downtown Los Angeles area.

REGISTER HERE

Training Category: 
Training Location: 

The USCIS has published its proposed regulation on stateside pre-adjudication of unlawful presence waivers.

Selected Issues in Family-Based Immigration

Selected Issues in Family-Based Immigration

Co-Sponsored by
Catholic Legal Immigration Network, Inc. (CLINIC)
and
Catholic Charities of Dallas, Immigration and Legal Services Program

April 3-4, 2012
8:45 a.m. - 5:15 p.m. – Day One
8:45 a.m. – 4:45 p.m. – Day Two

Location:
Catholic Charities of Dallas
1st Floor Conference Room
9461 LBJ Freeway (Hwy 635)
Dallas, TX
214-634-7182 ext. 228

$235 per person from CLINIC affiliate programs; $705 cap ($50 materials fee for each additional staff from the same office location)

$260 per person for other non-profit agency staff; $780 cap
($50 materials fee per person for more than 3 attendees from the same office site)

$390 per person for private attorneys and staff

Continental breakfast included.  Lunch is on your own.

This two-day training provides in-depth coverage of selected topics in family-based immigration, including establishing qualifying parent/child relationships; issues relating to derivative beneficiaries; potential concerns for family-based petitioners; conditional residency updates; remedies for widows and other surviving relatives; updates on affidavits of support and inadmissibility based on immigration violations; adjustment of status eligibility; CSPA developments; planning for stateside pre-adjudication of waivers; and tips for filing successful waivers.  The trainers for this program are CLINIC attorneys Susan Schreiber and Charles Wheeler and other local speakers.  An application for Texas CLE credit is pending, including an hour of ethics credit.

The training is for the staff of Catholic Charities and other community-based organizations with IRS 501(c)(3) status, and attorneys and legal staff of private law offices.  If you are registering as staff of a community-based organization, you must fax a copy of you IRS 501(c)(3) letter designating your agency as a nonprofit entity to CLINIC at 202-635-2649  to the attention of Andres Abella. Your registration will be confirmed upon receipt of this letter. If you are an attorney, please include your state bar number. Payment is by credit card only.

Training Level: Note that this is not an introductory training and is not geared to new practitioners. Please review the agenda before registering; the training is conducted at a level that assumes participants have a basic understanding of family-based immigration law and procedure.

Space is limited to 40 participants. The deadline for registration is March 28 or sooner if registration is filled.  For registration information email Andres Abella at aabella@cliniclegal.org.

        For the agenda and additional information, click here.
Hotel Reservations: A block of rooms is being held at the Holiday Inn Express Hotels and Suites, located at 9089 Vantage Point Drive, about a mile from the training site. The room rate is $79.00 per night single or double occupancy, plus tax. To make a reservation, contact the hotel by March 23 at 972-889-9972 and ask for the group block under CLINIC. The hotel offers free shuttle service from the Love Field airport (if requested with 24 hours advance notice), and will also provide shuttle service to and from the training site.  
Training Location and Parking: Catholic Charities of Dallas is located on the northeast corner of the intersection of LBJ Freeway (Hwy 635) and Abrams Road.  The office is in the Northcreek Place office park, across the parking lot from the Chase Bank building. Free parking is available anywhere in the office complex parking lot.

REGISTER HERE

Training Type: 
Training Category: 
Training Location: 

By Charles Wheeler

Salvadorans who have already been granted Temporary Protected Status (TPS) are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.  The extension of TPS for nationals of El Salvador was effective from March 9, 2012 and will remain in effect through September 9, 2013.  Nationals of El Salvador who have been granted TPS previously must re-register during the current re-registration period, which began January 9, 2012 and will remain in effect through March 12, 2012.

Immigration Attorney
Catholic Charities – Orlando
Catholic Charities of Central Florida

Closing Date: When Filled

FT/PT FULL TIME

Minimum Salary: Commensurate with qualifications and experience

Affiliates may find the Federal Trade Commission’s (FTC) new “Who Can Help Me?” cards (wallet size that cleverly expands into a 8” by 14” paper) in English and Spanish an important resource to distribute to clients. This pocket-sized fold-out flyer teaches consumers how to spot and avoid scams that target immigrants. The resource also provides information on how to report an immigration scam.

Order this resource here.

The USCIS announced that effective January 1, 2012, the filing locations for I-130s will change from the Chicago Lockbox to one of two lockboxes, depending on where they reside in the United States.  This new change only affects stand-alone I-130s.  Those filing the I-130 together with the I-485 will continue to mail them to the Chicago Lockbox at USCIS, P.O. Box 805887, Chicago, IL 60680-4120.  Those residing abroad will continue to file them with the overseas USCIS office having jurisdiction over the area where they live or with the Chicago Lockbox at USCIS, P.O.

By Charles Wheeler

CLINIC welcomes two new subscribers to our network:

Church World Service/Lancaster Legal Immigration Program, located at 308 E. King Street in Lancaster, PA.  Janet Tisinger is the Program Director and a BIA partially accredited representative.   Sheila McGeehan and Beth May are partially accredited representatives, and Melissa Engle is the program’s Legal Outreach Worker (BIA partial accreditation pending).

The Neighborhood Good Samaritan Center, Inc., Charlotte, North Carolina.  Patrice K. M. Ognodo is the Executive Director.

By Allison Posner

By Charles Wheeler

By Debbie Smith

By Nadine Wettstein

By Nadine Wettstein

CLINIC and the United States Conference of Catholic Bishops are hosting a conference on state and local immigration issues!  The conference will be held in Salt Lake City, Utah from January 11 through13, 2012.  We will discuss methods for opposing enforcement initiatives and supporting comprehensive immigration reform. Workshops will include:

  • strategies for communications and messaging;
  • coalition building; and
  • parish organizing and education

On topics such as:

A new practice advisory on working with clients with mental competency issues has been released by the American Immigration Council's Legal Action Center (LAC) in collaboration with The University of Houston Law Center Immigration Clinic.

In May, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of M-A-M.  The respondent was represented by the University through CLINIC’s BIA Pro Bono Representation Project.  The decision set forth a framework for immigration judges to follow in cases involving individuals with mental competency issues.

In order to centralize and streamline receipting of citizenship and naturalization forms, USCIS has made changes to the filing locations of certain forms. 

On Oct. 30, 2011, USCIS began accepting Forms N-336, N-600 and N-600K at its Phoenix Lockbox facility and Form N-300 at its Dallas Lockbox facility.  Until Dec. 2, 2011, applications filed at field offices were forwarded to the appropriate lockbox.  After December 2, all applications erroneously filed at field offices will be returned to applicants to re-file with the proper lockbox.

In response to stakeholder feedback, EOIR has announced that it will reinstate the ability of callers to check the status of multiple cases in one call.  Starting on December 12, callers will be able to press the “pound” key (#) to return to the main menu and enter additional alien registration numbers.   In addition, callers will be able to press the “star” key (*) to skip the maintenance message at the beginning of the recording. 

By Allison Posner

As of November 30, 2011, the California and Vermont service centers will once again send all original notices, including I-797 approval notices, to the representative of record according to the G-28 on file.  The Texas and Nebraska service centers will do the same on or before December 5, 2011.

By Susan Schreiber

Section 212(c) of the INA provides relief from removal to law permanent residents who are deportable for certain criminal convictions.  There are many restrictions regarding eligibility for this form of relief, but at a minimum, the applicant must meet the following criteria:

Click here for the fact sheet

Issues: 

Held on November 21, 2011.

Click here for the December 2011 Visa Bulletin.

Immigration and Customs Enforcement issued a memo on November 17th announcing a case-by-case review of the EOIR immigration court docket in each office.  This review will include both incoming cases as well as those currently pending in immigration courts.  This review will last for two months, until mid-January 2012, at which point the agency will assess the data and case outcomes before taking further action or review.  The review is viewed as a further step in implementing the June 17, 2011 Prosecutorial Discretion Memorandum that set forth various factors an

On November 4, 2011, the DHS extended TPS for nationals of Honduras and Nicaragua.  Nationals from those two countries who have previously registered for TPS are now eligible to re-register for an 18-month extension of their TPS status and employment authorization document (EAD).   TPS was scheduled to expire for these persons on January 6, 2012, but the USCIS recently extended TPS eligibility until July 5, 2013.  TPS beneficiaries from those two countries who pursue re-registration will also have their EADs automatically extended for six months, or until July 5, 2012.

By Leya Speasmaker

What method does your office use to process new client consultations? Read below to learn how two CLINIC affiliates have each created a system that accommodates and meets the needs of their office and their community.

Appointment-Only Model

CLINIC and the United States Conference of Catholic Bishops are hosting a conference on state and local immigration issues.  The conference will be held in Salt Lake City from January 11-13, 2012.  We will discuss methods for opposing enforcement initiatives and supporting comprehensive immigration reform. Workshops will include:

  • strategies for communications and messaging;
  • coalition building; and
  • parish organizing and education.

On topics such as:

On October 31, the Department of Justice announced it was filing a complaint and injunction against certain provisions in the recently passed South Carolina immigration law (Act No. 69).  Passed in June, the South Carolina law is set to go into effect on January 1st. The law requires police officers to question the immigration status of individuals stopped for other reasons if the officers suspect them to be undocumented.

CLINIC’s State & Local Initiatives Project is pleased to announce its Alabama Resource Center, located on CLINIC’s website.  The site includes an analysis of the new law and the subsequent court rulings blocking parts of it, and talking points for advocacy on this and other state anti-immigrant measures.

By Allison Posner

On October 24, 2011, CLINIC celebrated the 10th Anniversary of the Board of Immigration Appeals (BIA) Pro Bono Project.  A reception was generously hosted by the law firm Fried Frank with special guests in attendance, including the Honorable Immigration Judge Paul Schmidt, Acting Director of EOIR Juan Osuna, and Acting Chairman of the BIA David Neal.

Introduction to Immigration Law Practice: A Course for New Practitioners

  Introduction to Immigration Law Practice:

A Course for New Practitioners 

Co-Sponsored by

Catholic Legal Immigration Network, Inc. (CLINIC) and
Catholic Charities of Central Florida

 January 25-26, 2012
8:45 a.m. - 5:30 p.m. – Day One
8:45 a.m. – 4:45p.m. – Day Two

Location

Diocese of Orlando
Chancery Building
50 East Robinson Street
Orlando, FL 32801
(407) 246-480

Approved for 15 Florida CLE Credits

$235 per person from CLINIC affiliate programs; $705 cap ($50 materials fee per person for more than 3 attendees from the same office site)

$260 per person for other non-profit agency staff; $780 cap
($50 materials fee per person for more than 3 attendees from the same office site)

$390 per person for private attorneys and staff 

Continental breakfast included.  Lunch is on your own.

This two-day training provides the new immigration practitioner with an overview of immigration law concepts and the practice skills necessary to be an effective advocate. Through large group presentations, skits, and small group exercises, participants learn about rights and remedies under immigration law, the functions of the different government agencies that carry out immigration law,

and the fundamentals of interviewing clients, preparing applications, and staying up-to-date on the law.  Topics covered include the family-based petition process, adjustment of status, consular processing, inadmissibility and deportability concepts and select grounds, naturalization and BIA accreditation.  The trainers for this program are CLINIC attorneys Jennie Guilfoyle and Susan Schreiber.  

The training is for the staff of Catholic Charities and other community-based organizations with IRS 501(c)(3) status, and attorneys and legal staff of private law offices.  If you are registering as staff of a community-based organization, you must fax a copy of your IRS 501(c)(3) letter designating your agency as a nonprofit entity to CLINIC at 202-635-2649 to the attention of Andres Abella. Your registration will be confirmed upon receipt of this letter. If you are an attorney, please include your state bar number. Payment is by credit card only.  

Note that this is an interactive training with several small group exercises included in the curriculum. Prior to the training, participants will receive an email with some short reading and worksheet assignments to be completed before the training starts. Participants will also have a homework assignment to complete for day two of the training.

Space is limited to 50 participants. The deadline for registration is January 17 or sooner if registration is filled.  For registration information contact Andres Abella, aabella@cliniclegal.org

                        For the agenda and additional information, click here

Hotel Reservations:

A block of rooms has been reserved at the Sheraton Orlando Downtown Hotel, 400 West Livingston Street, Orlando FL 32801, www.orlandosheratondowntown.com, 407-843-6664.  The group rate is $119/night.  The cut-off date for this special rate is January 3, 2012.  When you call to reserve a room, the group name is “CLINIC.”  The hotel is about an 8-minute walk from the training site.

REGISTER HERE

Training Category: 
Training Location: 


      Click here for the Novmber 2011 Visa Bulletin.

By Charles Wheeler

By Nadine Wettstein

The U.S. Supreme Court will be ruling on at least four major immigration issues in its 2011-2012 term, which began on October 3, 2011.  The Court may yet add additional cases and issues to the docket. The Court’s decisions promise to settle some long-fought arguments and significantly affect the development of immigration law.  The following is a short summary of the cases and questions the Court already has accepted this term.

By Leya Speasmaker

How does your program respond to clients seeking to renew their Green Card? Here are two different approaches from affiliates in Texas. Alma Garza-Cruz from Catholic Charities of Southeast Texas in Beaumont responded to the following questions:

CLINIC and the United States Conference of Catholic Bishops will be hosting a conference on state and local immigration issues.  The conference will be held in Salt Lake City, Utah from January 11 through13, 2012.  We will discuss methods for opposing enforcement initiatives and supporting comprehensive immigration reform.

Last month, DHS’s Homeland Security Advisory Council (HSAC) released a report outlining its findings and recommendations regarding the Secure Communities Program.  CLINIC shared its concerns that the recommendations do not go far enough to correct the real problems with the program.  On October 18, CLINIC wrote a letter to the HSAC welcoming several of the recommendations proposed by the Task Force.  CLINIC reiterated, however, the concerns expressed in our August letter to the Task Force and called upon HSAC to consider broader reforms.  CLINIC continues its active advocacy role with resp

CLINIC is interested in hearing about your recent experiences with U Visa certification practices in your area, to inform our advocacy with DHS’s Office of Civil Rights and Civil Liberties (CRCL) regarding that office’s oversight of certification practices in the field.  Have your local ICE/CBP agents, police departments and state attorneys general been certifying meritorious U Visa applications, or have they refused?  Contact CLINIC Advocacy Attorney Karen Siciliano Lucas at klucas@cliniclegal.org.

By Debbie Smith

Held on October 13, 2011

Issues: 


    Click here or on the icon to view the Visa Bulletin.

  Introduction to Immigration Law Practice:  A Course for New Practitioners

October 18- 19, 2011

Louisville, KY 40202

 

 

Overview of Citizenship: Acquisition, Derivation and Naturalization

October 19 - 20, 2011

Phoenix, AZ 85013

By Charles Wheeler

The most ambiguous and hotly contested provision in the Child Status Protection Act (CSPA) concerns the status of derivative beneficiaries after they age out.  The relevant provision, codified in INA § 203(h)(3), reads as follows:

By Karen Siciliano Lucas

Part 1: Federal Judge Temporarily Blocks Part of Georgia’s HB 87

On Monday, June 27, 2011, federal Judge Thomas W. Thrash, Jr. temporarily blocked the implementation of two sections of Georgia’s controversial immigration law, House Bill 87.  He did so by issuing a preliminary injunction, which prevents the state of Georgia from enforcing these sections of the law until a final determination can be made by a federal court as to their constitutionality.

By Susan Schreiber

By Nadine Wettstein

In a deeply split decision, with separate concurring and dissenting opinions, the en banc Ninth Circuit significantly expanded the reach of its “modified categorical approach” for deciding whether a conviction was an aggravated felony or a crime involving moral turpitude.   The court overturned a prior en banc decision, Navarro-Lopez v. Gonzales, 503 F.3d 1063 (9th Cir. 2007), which had governed immigration cases arising in the Ninth Circuit since 2007.

By Sarah Bronstein

On September 6, 2011, the USCIS issued proposed regulations implementing changes to the Immigration and Nationality Act (INA) relating to Special Immigrant Juvenile Status (SIJS) (76 FR 54978) (Sept. 6, 2011).  SIJS is an immigration benefit available to children who have been the victims of abuse, abandonment or neglect.   The proposed regulations incorporate several legislative amendments culminating in the significant changes that were made by the William Wilberforce Trafficking Victims Protection Reauthorization act of 2008 (TVPRA 2008). 

By Susan Schreiber

VAWA 2005, signed into law in January 2006, extended self-petitioning eligibility to (a) abused parents of adult U.S. citizens, and (b) abused sons and daughters of U.S. citizens and lawful permanent residents over age 21 and under 25, who may apply as self-petitioning children if the abuse was a central reason for the delay in filing.   Recent policy memoranda issued by USCIS provides new guidance on eligibility to self-petition in each of these categories

E-learning Course: 

Select Issues in VAWA Self-Petitioning

 

Presented by:

U.S. Department of Justice Office on Violence Against Women (OVW), in partnership with

Catholic Legal Immigration Network, Inc. (CLINIC)

 

November 3-December 8, 2011

 

Held on September 8, 2011

Tour of the American Consulate in Ciudad Juarez

 

Diocesan Migrant and Refugee Services

Invites you on a

Tour of the American Consulate in Ciudad Juarez

Friday, November 18, 2011
9:00 a.m. – 2 p.m.

Cost: $40 

Please note that the price includes a box lunch. 

 

Anticipated Schedule:

9:00 a.m.         Bus picks you up Wyndham El Paso Airport Hotel
10:00 a.m.       Tour of American Consulate, Ciudad Juarez
Noon               Bus leaves Ciudad Juarez for return trip; box lunches will be provided
2:00 p.m.         Bus arrives Wyndham El Paso Airport Hotel

 

Space is limited

The deadline for registering is November 3, 2011
No one will be permitted on the tour unless registered by that date.
Remember that a passport is required for reentry to the United States.

For more information regarding the tour, call (915) 532-3975, ext. 212

 

You must be registered for the 13th Annual Family Immigration Law Conference to attend.

 

SOLD OUT

Training Type: 
Training Category: 

Introduction to Immigration Law Practice: A Course for New Practitioners

   Introduction to Immigration Law Practice:

A Course for New Practitioners

\

Co-Sponsored by

Catholic Legal Immigration Network, Inc. (CLINIC)
and
Catholic Charities of Louisville

 

October 18- 19, 2011
8:45 a.m. - 5:30 p.m. – Day One
8:45 a.m. – 4:45p.m. – Day Two

 

Location:

Cathedral of the Assumption
433 S. Fifth Street
Louisville, KY 40202
502 582 2971


$235 per person from CLINIC affiliate programs; $705 cap ($50 materials fee per person for more than 3 attendees from the same office site)


$260
per person for other non-profit agency staff; $780 cap
($50 materials fee per person for more than 3 attendees from the same office site)


$390
per person for private attorneys and staff

 

Continental breakfast included.  Lunch is on your own.


This two-day training provides the new immigration practitioner with an overview of immigration law concepts and the practice skills necessary to be an effective advocate. Through large group presentations, skits, and small group exercises, participants learn about rights and remedies under immigration law, the functions of the different government agencies that carry out immigration law,

and the fundamentals of interviewing clients, preparing applications, and staying up-to-date on the law.  Topics covered include the family-based petition process, adjustment of status, consular processing, inadmissibility and deportability concepts and select grounds, naturalization and BIA accreditation.  Application for CLE credits pending. The trainers for this program are CLINIC attorneys Kristina Karpinski and Susan Schreiber.    

The training is for the staff of Catholic Charities and other community-based organizations with IRS 501(c)(3) status, and attorneys and legal staff of private law offices.  If you are registering as staff of a community-based organization, you must fax a copy of you IRS 501(c)(3) letter designating your agency as a nonprofit entity to CLINIC at 415-394-8696 to the attention of Chris Ozaki. Your registration will be confirmed upon receipt of this letter. If you are an attorney, please include your state bar number. Payment is by credit card only.  

Note that this is an interactive training with several small group exercises included in the curriculum. Prior to the training, participants will receive an email with some short reading and worksheet assignments to be completed before the training starts. Participants will also have a homework assignment to complete for day two of the training.

The deadline for registration is October 13 or sooner if registration is filled.  For registration information call Chris Ozaki at 415-394-9371.

 

                        For the agenda and additional information, click here.

 

Hotel Reservations: A block of rooms is being held at the Galt House, located at 140 North Fourth St, about .75 miles from the training site. The room rate is $109.00 per night single or double occupancy, plus tax. To make a reservation, contact the hotel by September 30. at 800-843-4258 and ask for the group block under Catholic Legal Immigration Network.  You may also arrange transportation to and from the airport to the hotel at a cost of $15 one-way, $25 round-trip by contacting Galt House or the Sandollar Limousine at www.sandollarlimo.com. You can also check on public transportation options at ridetarc.com

Training Location and Parking: The training will take place in the Undercroft of the Cathedral of the Assumption in downtown Louisville.  Parking is available at the Fourth Street Live Garage at 425 South Fifth Street. The entrance to the garage is on Fifth Street between Muhammad Ali Boulevard and Liberty St, and the maximum daily fee is $10.00.

 

REGISTRATION CLOSED


Training Category: 
Training Location: 

D. DETAINED UASC HAVE A RIGHT TO FREE COUNSEL

The three arguments discussed in the preceding sections could assist in providing a right to free legal counsel for all UASC navigating immigration proceedings in the United States. A narrower argument that is also open to advocates concerns the promotion of a right to free counsel for detained UASC.

C. FAIRNESS/ACCESS TO JUSTICE REQUIRES FREE LEGAL COUNSEL FOR UASC

B. CHILDREN TEMPORARILY OR PERMANENTLY DEPRIVED OF THEIR FAMILY ENVIRONMENT HAVE A RIGHT TO FREE LEGAL COUNSEL

III. POTENTIAL ARGUMENTS

This section identifies potential arguments, which could be utilized by U.S.-based advocates to promote a right to free legal counsel for UASC navigating immigration proceedings in the United States. The arguments are intended to provide a broad framework within which advocacy strategies and campaigns promoting a right to free legal counsel can be designed. Once advocates identify the most compelling and promising arguments, further research on the merits of these arguments will be undertaken.

D. FREE LEGAL COUNSEL FOR CHILDREN DEPRIVED OF LIBERTY

In Article 37(d), the CRC explicitly addresses the right to counsel for all children, including UASC, who are deprived of liberty.

Article 37(d): Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

C. NON-DISCRIMINATION, BEST INTERESTS OF THE CHILD, AND SPECIAL PROTECTION AND ASSISTANCE  

B. THE CONVENTION ON THE RIGHTS OF THE CHILD AND THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES

 As a preliminary matter, a brief introduction to the Convention on the Rights of the Child, the Committee on the Rights of the Child, the United Nations High Commissioner for Refugees and the Executive Committee of the United Nations High Commissioner for Refugees is provided.  This treaty and bodies speak to the rights of UASC.

 

1. The Convention on the Rights of the Child

A.  INTRODUCTION

The international materials discussed in this section include:

§  The Convention on the Rights of the Child (1989);

§  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005);

§  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

II.  Main Sources of International Law and Commentary

A.  Introduction

The international materials discussed in this section include:

§  The Convention on the Rights of the Child (1989);

§  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005);

§  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

II.  Main Sources of International Law and Commentary

A.  Introduction

The international materials discussed in this section include:

§  The Convention on the Rights of the Child (1989);

§  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005);

§  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

B. STRUCTURE

Section II of this memorandum introduces excerpts from international law and commentary directly or indirectly applicable to the provision of free legal counsel for unaccompanied and separated children in civil proceedings. This serves as background to the discussion in Section III on how the identified law and commentary could be utilized to support attempts to promote a right to free legal counsel for unaccompanied and separated children navigating immigration proceedings in the United States.

 

C. DEFINITIONS

 For the purpose of this memorandum, the following definitions apply:

 §  Child: Every human being below the age of 18 years, unless under the law applicable to the child, majority is attained earlier.[1]

§  Unaccompanied children: Children (as defined above) who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.[2]

A. PURPOSE

This memorandum highlights international human rights law and commentary as well as potential arguments based on this law that could be utilized by U.S.-based advocates to promote a right to free legal counsel for unaccompanied and separated children navigating domestic immigration proceedings. Where relevant, the memorandum also references regional human rights law and national policies and identifies further avenues of research for advocates.

I.  Introduction

A.  Purpose

This memorandum highlights international human rights law and commentary as well as potential arguments based on this law that could be utilized by U.S.-based advocates to promote a right to free legal counsel for unaccompanied and separated children navigating domestic immigration proceedings. Where relevant, the memorandum also references regional human rights law and national policies and identifies further avenues of research for advocates.

The following resources were created as part of a partnership between CLINIC and the Institute for the Study of International Migration at Georgetown University to encourage the use of international law arguments in U.S. immigration cases:

What is an ITIN?

ITIN stands for Individual Tax Identification Number. It is a nine-digit number issued by the Internal Revenue Service (IRS) to individuals who do not qualify for a Social Security Number (SSN). The ITIN always begins with the number 9 and has a 7 or 8 in the fourth digit. For example: 9XX-7X-XXXX.

An ITIN permits individuals without a valid Social Security Number (SSN) to: