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"Overview Of The Immigration Process"
Speaker: Robert C. Divine with Guest Speakers Lynn Calder, Franco Capriotti and David Ware

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Each call features an hour of analysis, strategy and practice tips by Robert Divine and the guest speakers, followed by 30 minutes of questions and answers from participants.


FIRST Phone Session on June 26, 2002:

1. Nonimmigrant (Temporary) Visas and Status

  1. Eligibility overview
    1. Choosing a Nonimmigrant classification from the alphabetic options
    2. Assessing nonimmigrant intent
      1. Is it required? "Home abroad" group, "temporary" group, and other classifications
      2. How to meet the requirement with evidence
  2. Preliminary petitions to INS
    1. Whether and when required, how and whether to avoid
    2. Multiple Locations, employers, and beneficiaries
    3. Filings by agents and contractors
    4. Special petition requirements-return transportation, no strikes or dismissals, other
    5. Premium processing
  3. Visa applications to a consulate
    1. Who is visa exempt
    2. Who is subject to special clearances and delays
    3. Where to apply-Section 222(g) limitations, "third country national" issues, "homelessness"
    4. How to apply:
      1. Completing DS-156 and other forms
      2. Procedures unique to each consulate-consular web sites
      3. Determining reciprocity fees
      4. Interview procedures
      5. Waivers of inadmissibility
    5. Visa refusals and review
    6. Visa validity-time and number restrictions, automatic cancellation, active cancellation
  4. Inspection and admission, parole, withdrawal, or removal-a brief summary of the process
  5. Extension and Change of Status
    1. I-129 Group
    2. I-539 Group
    3. Changed circumstances (employment or otherwise)
  6. Visa renewals and revalidation
    1. Renewals in person
    2. Renewals by mail or otherwise
    3. Revalidation in USA
    4. Automatic revalidation for travel to contiguous territory
  7. I-94 replacement and surrender
SECOND Phone Session on July 26, 2002:

2. Processing to Permanent Residence

  1. Preliminary Issues
    1. Substantive paths-a brief summary
    2. choosing between immigrant visas and adjustment of status-summary
    3. Preferences and backlogs
    4. Validity, revocation and conversion of petitions
    5. Derivative beneficiaries-dependents
    6. Countries of Chargeability
  2. Adjustment of Status
    1. Eligibility overview
    2. Where to file-local, service center, or court
    3. What to file-forms and documents, timing of medicals and support, waivers
    4. Interim work and travel authorization-initial applications, extensions, special H/L rules
    5. Fingerprinting mechanics
    6. Interview and waiver of interview
    7. INS requests for evidence before, at or after interview
    8. Mechanics of approval-I-551 stamp, card issuance, fixing problems
    9. Denial and appeal in removal proceedings
    10. Rescission
  3. Immigrant Visas
    1. Standard processing
      1. Notifying INS of intent for immigrant visa processing
      2. NVC's level of coordination and review-a moving target
      3. Completing DS-230
      4. DS-3032 agent form
      5. The new "Instructions to Immigrant Visa Applicants"-variations on a theme
      6. Amassing the papers
      7. Scheduling of interview
      8. Medical exams
      9. Interview and visa issuance
      10. Use of visa to enter USA
      11. Receipt of I-551 at the correct address
    2. Special situations
      1. Dependents "following" principal
      2. Application for inadmissibility waiver
      3. Picking a different consulate
      4. Lottery cases
      5. Switching between adjustment and visa processing
      6. Side-stepping the NVC
      7. Adjudication of petitions by consulate (one-step) or overseas INS office

THIRD Phone Session on August 26, 2002:

3. Maintaining Permanent Residence and Obtaining Citizenship

  1. Permanent Residence
    1. "Renewing" vs. "replacing" I-551 (green card)
    2. Removing conditions on permanent residence (marriage based cases)
    3. How to Lose permanent residence
      1. Deportability and even inadmissibility
      2. Abandonment
      3. Renunciation
    4. How to preserve permanent residence
      1. Validity of I-551 for travel
      2. Reentry permits for absences and "passports'
      3. Preserving residence for naturalization purposes
      4. Returning resident visas
    b. Citizenship
    1. Paths to citizenship
      1. Birth in the U.S.
      2. Birth Abroad
        1. General Rule
        2. Reference to complex historical rules
      3. Naturalization
        1. Confirming eligibility and avoiding removal
        2. Completing and filing N-400 package
        3. Preparing for Interview
        4. Approval and swearing-in
      4. Automatic citizenship and certificates for children
    2. Obtaining and replacing documentation of citizenship
      1. U.S. birth certificate
      2. Report of Birth Abroad
      3. U.S. passport
      4. INS Certificates of Citizenship
    3. Dual Citizenship
    4. Loss of U.S. citizenship-brief overview
Outline for Session 1      Outline for Session 2      Outline for Session 3
Question 1


Robert C. Divine serves clients from throughout the world in the arrangement of all types of business and family-based temporary and permanent immigration status, including specialty occupations (H-1B), individual and blanket international transferee programs (L-1), treaty traders and investors (E-1/E-2), religious workers, labor certification, national interest waivers, and extraordinary ability petitions, naturalization, and deportation/removal proceedings, plus employer compliance. He is the author of Immigration Practice (Juris Publishing 2002 ed.), a 1,300 handbook/treatise on all aspects of immigration law that is revised and reprinted each year. He currently serves as Chair of AILA's Mid-South Chapter, which covers 5 states. For more information, please visit:

Lynn Calder is a partner at Allen and Pinnix, P.A. She is an Associate Editor of the AILA Immigration Law Handbook and is listed in Best Lawyers in America, Immigration Law. She has been on the Board of Trustees of the American Immigration Law Foundation since 1997, is the former chair of the Carolinas Chapter of AILA and the Immigration and Nationality Law Committee of the North Carolina Bar Association .

F.J (Franco) Capriotti III practices Immigration and Nationality Law at Capriotti and Associates in Minnesota and Oregon. He is an adjunct professor of immigration law at the Northwestern School of Law at the Lewis and Clark College in Portland, Oregon. He has also been a guest speaker on immigration law at Hamline University School of Law in St. Paul, Minnesota. He has spoken at AILA national conferences on computerizing the law office, the internet and the world-wide web.

David Ware is the senior attorney at David Ware and Associates in New Orleans, Louisiana. He has practiced in the field of Immigration and Nationality Law since 1982. Since 1989, he has been an organizer and the co-chair of the Tulane University Immigration Conference, New Orleans, LA. Since 1986, he has been an adjunct professor of immigration law at the Loyola University School of Law in New Orleans, LA.


$199 Seminar Package
Audio tape of Jun 26 seminar (90 minutes)
Audio tape of Jul 26 seminar (90 minutes)
Audio tape of Aug 26 seminar (90 minutes)

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Disclaimer: participation in this seminar does not create an attorney-client relationship with the speakers