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Johnson County, KS Bar AssociationFriday June 9, 2017
Presented by Kathleen Harvey, JD &
Kathleen Irish, JD
Kathleen Harvey, JDKathleen Harvey hasspecialized in Immigration Lawsince 1992 when she graduated withHonors from UMKC LawSchool. She has taught, published,and lectured on Immigration Law,with a special heart for juvenileswhere she has earned lawful statusfor over 100 undocumentedjuveniles in the Kansas foster caresystem. Ms. Harvey recently retired,but The Harvey Immigration LawFirm continues to serve employers,families, and undocumentedchildren throughout the UnitedStates.
Kathleen Irish, JDKathleen Irish is an immigration attorneylicensed to practice law in Kansas andMissouri. She is a 2009 graduate of theUniversity of Missouri – Kansas City, Schoolof Law and has practiced immigration lawexclusively during her career. Her practicefocuses on family immigration matters,including adjustment of status, consularprocessing, and naturalization. She alsohas a sub-specialty in juvenile immigration,including representation of juveniles facingremoval, undocumented juveniles in statefoster care or private guardianships,international and domestic adoptions offoreign born children, and derivativecitizenship issues.
Top 10 Ways
to Lose
Your Bar License for
Non-Immigration
Attorneys
What We Will Cover1. Not Knowing Who Your Client Is
2. Not Knowing what the
Documents Mean
3. Not Understanding Consequences of
Criminal Pleas and Convictions
4. Not Explaining OTHER Collateral
Consequences
5. Sponsorship--Divorce & Abduction &
Bankruptcy
What We Will Cover6. International Adoptions
7. GAL for Undocumented Kids
8. Employers Not Doing Enough
Immigration Compliance
9. Going Too Far with
Immigration Compliance
10. Not Knowing How To Protect a
Victim
• US Citizen?• Permanent Resident?
• None of the above?
1. Not Knowing Who Your Client is
2. Not Knowing what the
Documents Mean
➢ Green card vs. Work card/Visa
➢ Certificate of Naturalization vs.
Citizenship
➢ Foreign birth certificate
➢ “Valid with Work Authorization Only”
Social Security Card
3. Not Understanding
Consequences of Criminal
Pleas and Convictions
➢ Kentucky v. Padilla, 130 S. Ct.
1473 (2010)
➢ Chaidez v. United States, U.S.
Supreme Court, No. 11-820
(argued 11/1/2012)
4. Not Explaining OTHER
Collateral Consequences
➢Padilla/Chaidez expansion
➢Columbia Law School
Collateral Consequences
Calculator
www.calculator.law.columbia.edu
Liu v. Mund, 7th Circ. Affidavit
of Support SPONSOR'S
OBLIGATED 'TIL DEATH THEY
DO PART OR……
INTERNATIONAL PARENTAL
ABDUCTION
5. SPONSORSHIP—DIVORCE –--
BANKRUPTCY
6. International adoption
Here? There? Anywhere?
* Hague vs. Non-Hague vs. I-130
* Domestic adoption of/by foreign
nationals?
* Private international adoptions?
5. SPONSORSHIP— ABDUCTION –
DUTY TO WARN
Jane and Tarzan sittin’ in the tree
K-I-S-S-I-N-G
First comes love, then comes marriage,
Then comes Junior in a baby carriage.
Jane and Tarzan FIGHTIN’ in the tree
Y-E-L-L-I-N-G
First come the lawyers,
then comes the Judge
THEN COMES JUNIOR’S INTERNATIONAL PARENTAL ABDUCTION, FOLLOWED BY JANE’S MALPRACTICE COMPLAINT
…against Jane's lawyer for failure to ascertain the citizenship of all parties, neglecting to caution Jane about the warning signs of international parental abduction, and was derelict by not describing, in writing the recommendations for parents when international marriages collapse.
7. GAL for Kids Eligible for
“Special Immigrant Juvenile
Status” -- SIJS
BEST INTERESTS
OF THE CHILD &
OPTIONS FOR
UNDOCUMENTED
JUVENILES
8. Employer Immigration
Compliance: Not Doing
Enough: CIVIL & CRIMINAL
9. Employer Immigration
Compliance: Going TOO FAR,
IRCA DISCRIMINATION
8 cases in
2017 @
$600K+
2016
$34.7K
10. Not Knowing How
to Protect a Victim:
Your:
Criminal defendant
Domestic client
Wage/hour worker
Could be a victim
Kathleen Harvey
913-491-6331
Conclusions and Q&A
Kathleen Irish
816-912-4457
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