When adjustment of status is chosen, issues regarding travel often arise. Complex issues include whether travel will create a three or ten year bar; whether aliens on H or L visas are better advised to travel with advance parole or with a visa; impact on H or L status on traveling with advance parole; ability of spouse to travel with H-4 or L-2 visa if principal obtains advance parole; and other travel issues.

Many factors go into advising clients whether to chose adjustment of status or consular processing. The program will evaluate types of clients for whom adjustment of status is preferable, and types of clients for whom consular processing is the preferable course of action. For clients who choose consular processing, issues that can create problems at the consular level will be discussed in detail, including issues of unlawful presence that may trigger the ten year bar.

Each call features an hour of analysis, strategy and practice tips by Ron, Bill and Tammy, followed by 30 minutes of questions and answers from participants.

SEMINAR OUTLINE

FIRST Phone Session on January 25th:
I.  Eligibility for adjustment of status

1. inspected and admitted or paroled - including "arriving aliens" rule
2. quota issues, including cross-chargeability
3. priority date issues, including upgrading and downgrading and retention
4. admissibility issues
5. discretion issues
6. jurisdiction issues
7. adjustment "portability"

1. travel with H or L visa
2. travel with advance parole by H/L aliens
3. H-4s and L-2s
4. consequences of parole

SECOND Phone Session on February 25th:
III.  Adjustment of status for status violators

9. maintenance of status issues
10. "unauthorized employment" issues
11. immediate relatives
12. 245(c)(7) and 245(c)(8)
13. 245(k)
14. 245(i)

1. motion to reopen
2. renewal in proceedings
3. rescission

THIRD Phone Session on March 25th:
V.  Adjustment vs. consul processing

1. advantages and disadvantages -- factors for choosing
2. concurrent processing
3. impact of 3/10 year bar issues
4. 3rd country processing
5. Other consular processing issues

1. asylees
2. fiancés/fiancées
3. conditional residents
4. visa waiver entrants
5. exchange visitors
6. healthcare workers
7. permanent residents
8. other

ABOUT THE SPEAKERS:

H. Ronald Klasko is a partner and chair of the immigration law group at Dechert. A former national president of the American Immigration Lawyers Association (AILA), he served as its general counsel from 1996 to 1999. Ron is the 1999 recipient of the AILA Founders Award, bestowed on the individual or group who has the most important impact on immigration law. He has been a member of the board of governors of AILA since 1980 and formerly served as chair of the Association's Philadelphia Chapter. He has also served as national chair of the Business Immigration and the Task Forces on Employer Sanctions, H and L (business) Visas and Labor Certifications. He is the co-author of the two-volume Employers' Immigration Compliance Guide, a leading publication on the immigration laws affecting employers. A former adjunct professor of immigration law at Villanova University Law School, Ron is a frequent lecturer on immigration law and has appeared on national and local television and radio discussing immigration law issues. Ron has been selected for inclusion in Best Lawyers in America, Who's Who in America, Who's Who in American Law, and Who's Who of Emerging Leaders in America.

William A. Stock is a partner in the immigration law group at Dechert. He represents multinational and domestic corporations and their employees, as well as private individuals, in immigration matters before the INS, the Department of Labor, U.S. Immigration Courts, and at U.S. Consulates. He also handles enforcement proceedings, administrative litigation, asylum applications, and the immigration consequences of criminal convictions and marital dissolution.
In 2000, the American Immigration Lawyers Association (AILA) awarded Bill the Joseph Minsky Award, which recognizes outstanding contributions made by a young lawyer to the field of immigration law. He is the immigration editor for Bender's Labor and Employment Bulletin, is an associate editor of AILA's annual Immigration & Nationality Law Handbook, and is co-author of the "J Visa Guidebook" from Matthew Bender. Bill has served on the board of governors of the AILA and chaired several committees of AILA's Philadelphia Chapter. He is an adjunct professor of law at Villanova University School of Law and a frequent speaker at AILA National Conferences, regional immigration conferences, and continuing legal education courses. Bill is fluent in German.

Tammy Fox-Isicoff is a former Trial Attorney for the United States Immigration and Naturalization Service and Special Assistant United States Attorney. She is Past President of the South Florida Chapter of the American Immigration Lawyer's Association "AILA" and currently serves on the Board of Governors of AILA National where she has chaired their Media, Congressional and Bar Association Committees. She is AILA's representative to the American Bar Association's Immigration Coordinating Committee. Tammy is on the Board of Directors of Catholic Charities Legal Services and has been the recipient of three AILA Presidential Awards for advocacy on behalf of immigrants. Tammy serves on the Florida Bar's Certification Committee for Immigration and Nationality Law. Listed in The Best Lawyers in America and South Florida's Top Lawyers, Tammy has been a frequent immigration law consultant on the Today Show and Morning Show. She has served as immigration legal consultant to NBC, CNBC and MSNBC. Ms. Fox-Isicoff currently practices law with the firm of Rifkin & Fox-Isicoff P.A.

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