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