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The Immigration Lawyers Podcast | Discussing Visas, Green Cards & Citizenship: Practice & Policy

In-Depth Discussions, Interviews, and Legal Analysis of Immigration Law and Practice with Professionals in the Field, with Host John Khosravi, Esq. Visas, Green Cards, and US Citizenship. Intended for Immigration Lawyers and Attorneys. Attorney Advertisement, please consult with an attorney. info@ImmigrationLawyersToolbox.com
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The Immigration Lawyers Podcast | Discussing Visas, Green Cards & Citizenship: Practice & Policy
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Now displaying: Category: general
#260 Federal Court Update w/ Kevin A. Gregg [August 2022] 0
Sep 7, 2022

#260 Federal Court Update w/ Kevin A. Gregg [August 2022]

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Timestamps:

00:00 Intro

06:18 Matter of Fernandes (BIA On Deficient NTA)

14:40 Death Threat Alone Is Past Persecution (Sorto-Guzman v. Garland, 4th Cir.)

18:47 Vacated Conviction Is Not Valid For Immi Purposes (Ballinas-Lucero v. Garland, 9th Cir.)

23:45 IIRIRA Struggles

31:06 INTERPOL Red Notices (Gonzalez-Castillo v. Garland, 9th Cir.)

38:52 Outro

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#podcast #Immigration #ImmigrationLawyer #ImmigrationAttorney #JohnKhosravi #USImmigration #ImmigrationLaw #ImmigrationLawyersToolbox

#259 Top 10 Immigration Practice Tips w/ John Khosravi [September 5, 2022] 0
Sep 5, 2022

#259 Top 10 Immigration Practice Tips w/ John Khosravi [September 5, 2022]

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Timestamps:

00:00 2023 ILT Conference

05:06 #1 False Claim to U.S. Citizenship Traps

06:34 #2 INTERPOL Red Notices (Gonzalez-Castillo v. Garland)

08:17 #3 Natz Denial For Not Listing Children (Segid v. USCIS)

10:52 #4 Adam Walsh Act For All I-130 Categories (California v. Gregor)

12:12 #5 Tips For I-407 Abandonment Of LPR Status

13:49 #6 NVC Expedite Mess-Ups

16:00 #7 TN Mess-Ups

17:54 #8 Marketing Tip: Be Simple 

19:10 #9 Pricing Tips

23:20 #10 Next Level Legal Services

25:03 BONUS: Providing A Top-Level Service

27:07 Outro

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- Upgrade your practice with Docketwise, an extra 10% off the annual fee w/code: Immigration Lawyers Podcast:  https://www.docketwise.com/immigration-lawyers-podcast

 

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Audio Podcast Link: https://sites.libsyn.com/69112/259-top-10-immigration-practice-tips-w-john-khosravi-september-5-2022

Itunes Link: https://podcasts.apple.com/us/podcast/259-top-10-immigration-practice-tips-w-john-khosravi/id1111797806?i=1000578427626

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#236 Chanille Juneau CTO of B.A.L. 0
Apr 18, 2022

#236 Chanille Juneau CTO of B.A.L

Timestamps:

01:08 Technology and Immigration Law Practice

06:04 B.A.L Immigration Software

08:09 Introducing DUNASI and Case TrueTime

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Guest: Chanille Juneau, Esq.

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#podcaster #Lawyer #ImmigrationLawyer #Interview #Immigration

#204 Liam Schwartz & Consular Processing 0
Jul 19, 2021

#204 Liam Schwartz & Consular Processing

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⌚ Timestamps

 

 

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Itunes Link:

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#LiamSchwartz #Lawyer #ImmigrationLawyer #Interview #Immigration

#201 Sameer Khedekar 0
Jul 6, 2021

#201 Sameer Khedekar

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⌚ Timestamps

 

SPECIAL OFFERS for Immigration Lawyers:

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- Get an AI-powered immigration chatbot to help your law firm get leads, 2 months free w/code: Immigration Lawyers Toolbox: https://yotengo.bot/

 

Audio Podcast Link:

 

Itunes Link:

 

Share the video: https://youtu.be/olI4Jzu6RNQ

 

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Not legal advice. Consult with an Attorney. Attorney Advertisement.

 

#SameerKhedekar #podcaster #Lawyer #ImmigrationLawyer #Interview #Immigration

#188 - Kathia Quiros, Esq. 0
Apr 23, 2021

#188 - Kathia Quiros, Esq.

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SPECIAL OFFERS for Immigration Lawyers:

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#podcaster #Lawyer #ImmigrationLawyer #Interview #Immigration #KathiaQuiros

Episode 150 - 10 w/ Andrew M. Wilson, Esq. 0
Sep 9, 2020

Interview w/ Immigration Lawyer Andrew M. Wilson

Guest Bio: https://www.lippes.com/team/andrew-m-wilson-86#:~:text=Wilson,-BUFFALO&text=Mr.,completing%20specific%20transactions%20and%20filings.

Email: AWILSON@LIPPES.COM

LinkedIn: https://www.linkedin.com/in/usimmigrationlaw/

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Episode 121 - Recap of 2019 Agency Actions, Laws & Regulations 0
Jan 18, 2020

Reviewing Major Immigration Law & Action Events in 2019 w/ Attorneys Nicholas Mireles and John Khosravi

Show Notes:

CBP

 

USCIS

(https://news.bloomberglaw.com/daily-labor-report/trump-wage-chief-adds-visa-hurdles-for-trafficking-victims)

  • F-2a Filing Chart
  • USCIS Clarifies Position on the 90-day rule (8 USCIS-PM J.3 - Chapter 3 - Adjudicating Inadmissibility) "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#footnotelink-8

 

Consular/Department of State

 

  • Reciprocity Changes:
    • UAE $1,125 (F-1)
    • Australia hike, other
    • France: Gone down in time
    • Israel Visa Reciprocity Update (Length of Stay)
      • L-1/L-2: 48 months (from 60)
      • E-1 (not E-2): 52 months (from 60)
    • FAM Update for 90 Day Rule (https://fam.state.gov/FAM/09FAM/09FAM030209.html

(U) Activities that May Indicate A Possible Violation of Status or Conduct Inconsistent with Status

(1)  (U) In General:

(a)  (U) In determining whether a misrepresentation has been made, some questions may arise from cases involving aliens in the United States who have performed activities that are inconsistent with representations they made to consular officers or DHS officers when applying for admission to the United States, for a visa, or for another immigration benefit.  Such cases occur most frequently with respect to aliens who, after being admitted to the United States, engage in activities for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment of status.

(b)  (U) The fact that an alien's subsequent actions are inconsistent with what was represented at the time of visa application, admission to the United States, or in a filing for another type of benefit does not automatically mean that the alien's intentions were misrepresented at the time of either the visa application or application for admission to the United States.  To conclude there was a misrepresentation, you must make a finding that there is direct or circumstantial evidence sufficient to meet the "reason to believe” standard, which requires more than mere suspicion and is akin to probable cause.  See In re Jose Manuel Isabel Diaz (BIA Dec. 30, 2013).  If the activities happened within 90 days after the visa application and/or application for admission to the United States (typically you are looking at activities after entry into the United States), please see paragraph (2) below regarding the 90 day rule.

(c)  Unavailable   

(2)  (U) Inconsistent Conduct Within 90 Days of Admission to the United States:

(a)  (U) If an alien engages in conduct inconsistent with his or her nonimmigrant status within 90 days of visa application or admission to the United States, as described in subparagraph (2)(b) below, you may presume that the applicant made a willful misrepresentation (i.e., you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her true intentions in seeking a visa or admission to the United States).  You must provide the applicant with the opportunity to rebut the presumption of misrepresentation by verbally presenting the applicant with your factual findings as to why you believe he is ineligible 6C1.

(b)  (U) Inconsistent Conduct:  For purposes of applying the 90-day rule, conduct that violates or is otherwise inconsistent with an alien’s nonimmigrant status depends on the nonimmigrant status the applicant has/had and the activities of the applicant in such status, including, but not limited to:

(i)     (U) Engaging in unauthorized employment on B1/B2 nonimmigrant status. (Note: Certain activities may not constitute unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's employment activities when make a 6C1 finding under the 90 day rule);

(ii)    (U) Enrolling in a course of study, if such study is not authorized for that nonimmigrant classification (e.g., B1/B2 status);

(iii)    (U) A nonimmigrant in B status, marrying a United States citizen or lawful permanent resident and taking up residence in the United States. (Note: to establish that an applicant took up residence in the United States before/after marrying a U.S. citizen or LPR, post may take into account whether the applicant signed a long-term lease or obtained a mortgage, bills in the applicant’s name, whether the applicant obtained a local driver’s license, and any other evidence that may support a finding that the applicant took up residence in the United States); or

(iv)   (U) Undertaking any other activity for which a change of status (NIV to NIV) or an adjustment of status (NIV to IV) would be required, without the benefit of such a change or adjustment.  (Note: Simply filing for a change of status or adjustment of status is not in itself sufficient to support a presumption of misrepresentation under the 90 day rule; the alien must also engage in conduct inconsistent with authorized status without the benefit of such a change of status. Moreover, if an alien engages in the activities for which he/she was admitted, such as to study on a F1 visa, but also engages in unauthorized work without seeking an employment authorization document (EAD), then that is insufficient to justify a presumption of a misrepresentation.)

(c) (U) In cases where you are unsure whether a particular activity is inconsistent with nonimmigrant status or whether a violation occurred, you may request an AO from CA/VO/L/A. 

(d) (U) A consular manager must review all 6C1 findings of ineligibility under the 90 day rule.

(3)  (U) Inconsistent Conduct After 90 Days:  If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status more than 90 days after admission to the United States, no automatic presumption of willful misrepresentation arises.  If you determine that the alien misrepresented his or her purpose of travel at the time of the visa application or application for admission, you should apply a traditional 6C1 analysis.  See 9 FAM 302.9-4(B). 

  1. (U) Rebuttal Burden is on the Alien:  The burden of proof falls on the alien to rebut the consular officer's findings of a material misrepresentation based on a violation of status/inconsistent conduct within 90 days of admission.  The alien must establish to the satisfaction of the consular officer that his or her true intent at the time of the presumptive willful misrepresentation was consistent with his or her nonimmigrant status.  You must provide the alien the opportunity to rebut by verbally presenting the applicant with your factual findings. 

(1)  Unavailable   

(2)  (U) If you are satisfied that the applicant did not make a material misrepresentation, and the alien is otherwise eligible, process the case to conclusion. 

(3)  Unavailable     

Visa Bulletin

F-1 jumped 2 years

F-2A Current / others movement too

 

ICE

 

Organization

(https://www.cnn.com/2019/10/28/politics/julie-kirchner-resigns/index.html)

Society:

  

EOIR/BIA/Courts:

Quoted: God Bless America, and Her Lawyers https://www.nytimes.com/2019/01/26/opinion/sunday/immigration-lawyers-travel-ban.htm

 

 

Episode 77 - Lorenz Wolffers, Business Immigration Attorney. Discussing Current Immigration Trends and Practice. 0
Dec 4, 2018

Episode 77 - Interview with Business Immigration Attorney Lorenz Wolffers. Discussing Current Immigration Trends and Practice.

Episode 64 - Immigration Headaches and the Future of Immigration 0
Mar 18, 2018

RFEs, Politics & The Future of Immigration Practices

Episode 64 - Update Episode 0
Mar 7, 2018

Free Kurzban 15th Ed. Raffle: email me: Info@jqklaw.com

Episode 56 - DACA, Advance Parole, Immigration Court Decisions, ICE, EB-5 Suit, Humanitarian Reinstatement & Co-Counseling (Recap of Aug. 21 - Sept. 3, 2017) 0
Sep 5, 2017

Weekly Recap of Aug. 21 - Sept. 3, 2017 - DACA, Advance Parole, Immigration Court Decisions, ICE, EB-5 Suit, Humanitarian Reinstatement & Co-Counseling

Episode 49 - Travel Bans and Reversed Denials, TPS, F-1 Changes, CBP and the Cloud, Exit Biometrics, Parole, Stokes in Boston, Step-Child Petitions, Proxy Marriages, Growing Your Law Practice (July 10-16, 2017) 0
Jul 18, 2017

Weekly Recap of July 10-16, 2017 - Travel Bans and Reversed Denials, TPS, F-1 Changes, CBP and the Cloud, Exit Biometrics, Parole, Stokes in Boston, Step-Child Petitions, Proxy Marriages, Growing Your Law Practice

Episode 48 - Travel Ban's Public Support, State Dept. Survey, TNs Regs., Prima Facie Software, Healthcare for Immigration Lawyers, Pet Peeves, Book Review: Turn a Negative Into a Positive, Pricing Your Practice Right, ABA Journal Blawg & More (July 3-9, 0
Jul 11, 2017

Episode 48: Weekly Recap of July 3-9, 2017.

Travel Ban's Public Support, State Dept. Survey, TNs Regs., Prima Facie

Software, Healthcare for Immigration Lawyers, Pet Peeves, Book Review:

Turn a Negative Into a Positive,  Pricing Your Practice Right,

ABA Journal Blawg & More

Episode 47 - The Ban, Bills, DACA, ICE, I-485, Client Errors, EAD Delays, Education & Frustration (Weekly Update for June 26 - July 2, 2017) 0
Jul 4, 2017

Weekly Update, Tips & News for June 26 - July 2, 2017: The Ban, Bills, DACA, ICE, I-485, Client Errors, EAD Delays, Education & Frustration

Episode 46 - Trump Ban, Supreme Court, Visa Denials, SEC EB-5 Suit, USCIS Issues, CBP, ELIS, AILA Conference, Ideas and more (Weekly Update for June 19-25, 2017) 0
Jun 27, 2017

Weekly Update, Tips & News for June 19-25, 2017: Trump Ban, Supreme Court, Visa Denials, SEC EB-5 Suit, USCIS Issues, CBP, ELIS, AILA Conference, Ideas and More

Episode 45 - New CA Regs & ICE Detainment, Iraqis, EB-5 Policy, Constitutional Immigration, ESTA, USCIS Delays, Reentry Permits, Special Law Degrees for Immigration Lawyers, Remembering Names & Active/Mindful Listening (Weekly Update for June 12-18, 2017) 0
Jun 19, 2017

Episode 45: New CA Regs & ICE Detainment, Iraqis, EB-5 Policy, Constitutional Immigration, ESTA, USCIS Delays, Reentry Permits, Special Law Degrees for Immigration Lawyers, Remembering Names & Active/Mindful Listening (Weekly Update for June 12-18, 2017)

Episode 44 - Consular Issues, Unknown Costs, Unnecessary RFEs, CBP Updates, STAPLE Act, DOL, Field Offices & Concierge Legal Service (Weekly Update for June 5-11, 2017) 0
Jun 12, 2017
Weekly Update, Tips & News for June 5-11, 2017: Consular Issues, Unknown Costs, Unnecessary RFEs, CBP Updates, STAPLE Act, DOL, Field Offices & Concierge Legal Service
 
Episode 43 - Why People Need Immigration Lawyers, Visa Scrutiny, Precedential Cases, Timetables, Pro Bono Work & Defending the Rule of Law (Weekly Update for May 29- June 3, 2017) 0
Jun 6, 2017

Weekly Update, Tips & News for May 29- June 3, 2017: Why People Need Immigration Lawyers, Visa Scrutiny, Precedential Cases, Timetables, Pro Bono Work & Defending the Rule of Law

Episode 42 - New Investment Green Card Bill, Travel Ban, Suing Sanctuary Cities, Consular Processing Scrutiny, Mandamus Suits, H-2B Visa Increases, Visa Overstays, Haiti TPS Reprieve, Immigration Corruption, FOIA Request Documents, AAO Reentry Permit Deni 0
May 30, 2017

Weekly Update, Tips & News for May 23-28, 2017: New Investment Green Card Bill, Travel Ban, Suing Sanctuary Cities, Consular Processing Scrutiny, Mandamus Suits, H-2B Visa Increases, Visa Overstays, Haiti TPS Reprieve, Immigration Corruption, FOIA Request Documents, AAO Reentry Permit Denial, Cancelling INS Zoom, Practice Exhaustion, AILA New Orleans Conference, the Importance of Relationships, Tips & More (Weekly Update for May 23-28, 2017)

Episode 41 - Airport Denials, Gov’t v. Legal Clinics, Losing Clients, Valuing Time, Haves v. Have Nots, Marketing Tips & More (Weekly Update for May 15-22, 2017) 0
May 22, 2017

Weekly Update, Tips & News for May 15-22, 2017: Airport Denials, Gov’t v. Legal Clinics, Losing Clients, Valuing Time, Haves v. Have Nots, Marketing Tips & More

Episode 40 - Interview with Immigrant Advocate, Attorney Peter Afrasiabi 0
May 22, 2017

Interview with Immigrant Advocate, Attorney Peter Afrasiabi 

Episode 39 - Decentralizing Immigration, Winning Over Fear, INS Zoom Update, Client Worries & More (May 8-14, 2017) 0
May 17, 2017

Please Note: The initial release of this episode only had a portion of it. The complete episode is re-released here.

Episode 39: Decentralizing Immigration, Winning Over Fear, INS Zoom Update, Client Worries & More. Weekly Update for May 8-14, 2017

 
Episode 38 - Border Issues, EB-5, Bad Reviews, Future of Legal Marketing & Practice (May 1-7, 2017) 0
May 8, 2017

Weekly Update, Tips & News May 1-7, 2017: Border Issues, EB-5, Bad Reviews, Future of Legal Marketing & Practice

Episode 37 - Immigration Fight Continues, Processing Delays, Practice Management, Conditional Residency, and More (April 24-30, 2017) 0
May 1, 2017

Weekly Update, Tips & News April 24-39, 2017: Immigration Fight Continues, Processing Delays, Practice Management, Conditional Residency, and More

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