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Immigration Policies Every Lawyer Should Know 2017

September 2017

WVU College of Law, Morgantown, WV

This seminar is approved for 9.8 total WV MCLE AV credits, including 1.0 Ethics/Law Office Management credits. 

Overview of Immigration Law Terms and Policies for the General Practitioner 

Immigration law has expanded greatly on the national policy agenda in recent decades, and particularly in the last couple years. This expansion creates both challenges and opportunities for lawyers. This lecture will present an introductory framework for the general practitioner to understand this complex legal field. Basics related to its administrative procedures, its government agencies, its constitutional bases and constraints, and its substantive rules will be covered. Among the latter, issues of family-based immigration, employment-based immigration, refugees and asylum, temporary visas, deportation and inadmissibility, and undocumented residents will be introduced. This overview will provide a glossary to help follow the expert presentations to follow.

James J. Friedberg, Professor of Law
WVU College of Law

Migration and US/Mexico Relations Under the Current Administrations

This presentation is divided into three sections: the first consists of a brief historical look U.S. – Mexico relations. The second part deals with the complex and multi-sector issue of migration. The final section analyzes the relationship between these two countries during the first six months of the Trump administration and the final year of Enrique Pena Neito’s tenure, with an emphasis on the possible way ahead.

Daniel Anorve, Visiting Professor
University of Guanjuato

Asylum, Visas, and Displacement of U.S. Workers: A Potential Slippery Slope Towards “Crimmigration”

This presentation provides a perspective on one of the most important developments in immigration law today: the convergence of immigration and criminal law. It reviews why these two areas of law recently have become so connected, and why that convergence is troubling. The lecture will cover the justification for excluding individuals from society, using immigration and criminal law as the means of exclusion, and whether these justifications have any basis in fact.

Robert S. Whitehill, Esquire
Fox Rothschild LLP

Grassroots Efforts in West Virginia

Grassroots effort to help immigrants have become extremely popular in recent years, and even more so following orders from the current administration. Law school clinics are often at the forefront of these services, but more help is needed. This presentation will cover the types of assistance general practitioners can provide to immigration law clients, and present referral sources for more complex cases.

Alison Peck, Professor of Law
WVU College of Law

Immigration Detention and Removal with a West Virginia Perspective

This session will provide a broad overview of immigration and detention, as well as an introduction to the removal process with practical information about how enforcement and removal plays out in WV. It will include a discussion of how and where people are detained, with tips on how to advise someone during this process. Then, the session will provide an introduction to the immigration court process, with a review of Master Calendar and Bond Hearing, followed by a brief discussion of the most common forms of relief from removal.

Brittany Young, Immigration & Refugee Case Manager
Catholic Charities West Virginia

Ethical Considerations for Dual Representation in Immigration Cases

Dual representation is an important area of legal ethics for immigration practice. The paradigm of legal representation is a relationship between one lawyer and one client. Representations in immigration practice typically involve two clients, and hence the standard label is “dual” representation. In most areas of American law, dual representations are discouraged. In some contexts they are even specifically prohibited. In contrast, immigration practice is a unique area of American law where the great majority of cases are dual representations, because the majority of cases involve a petitioner (typically a U.S. citizen, in family immigration cases, or a U.S. employer, in employment-based immigration cases) who petitions the government on behalf of a foreign beneficiary. This can raise serious ethical implications for the attorney who may find himself or herself struggling with competing interests of the parties.

Paul Virtue, Esquire
Mayer Brown LLP

Impact of Recent Immigration Orders on Students of Higher Education

On today’s college campuses, more and more students are choosing to study abroad, with international experience even being required or strongly recommended in many undergraduate programs. The other side of this equation is an increase in the number of international students desiring to study in America. Domestic policies affecting these students can also restrict opportunities for our students overseas. This presentation will discuss the various ways colleges and universities seek to help all students, and how recent immigration changes have affected that support.

Doina Jikich, Associate Director of International Student
WVU Global Affairs

Recent & On-Going Immigration Concerns for University Faculty & Staff

Employers of all sizes may face immigration concerns, particularly in regards to visas and other employment qualifications. The regulations and policies involved can be overwhelming, depending on the type and length of employment. This presentation will review the steps to bring on immigrant employees—both short and long-term—in different types of work settings.

Harry P. Montoro, Senior Associate General Counsel
WVU General Counsel 


The day’s speakers will discuss how their various areas intersect, and offer time for any final questions regarding the previous topics.

Healthcare Impact: The Life Cycle—and Struggles—of the International Medical Graduate

This session will focus on the immigration life cycle of the International Medical Graduate, reviewing the arduous but necessary steps they must take to secure residency and work opportunities in the United States. Additionally, this session will highlight the journey an International Medical Graduate may embark on to become a permanent resident and the recent hurdles that have been created by administrative changes to immigration. This session highlights the impact immigration has on healthcare in America.

Carrie Waybright, Program Specialist
WVU HSC Global Engagement

Immigration Problems for Military Dependents (or, Why Is Sgt. Smith’s Wife Stuck in Japan?)

American service members and their families often find themselves living abroad for extended periods of time. Though certain protections are in place to safeguard their rights as U.S. citizens, often these rights do not extend as far as they do at home. Even military individuals frequently find themselves “stuck” in a foreign country when certain protocols were not followed regarding jurisdiction, customs, or visas. The presenter spent two years in Japan working these types of issues, and this session will include actual real-life scenarios and the work-arounds that happened to keep families together and maintain mission readiness.

Amber Brugnoli, Assistant Dean for CLE
WVU College of Law