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APA Litigation: How to Take a USCIS Denial to Federal Court

September 9, 2021
Web Seminar

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Register for Live Event:
  • $0.00
Presented 09/09/2021
2:00 PM (ET)
CLE Eligible Yes
Length 90 min.
Format Web Seminar
SKU WS2021-09-09

When your client has run out of administrative appeals and a circuit court appeal isn’t available, how can you keep fighting for the case? The expert faculty of this intermediate seminar will discuss when and how to litigate a denial under the Administrative Procedures Act (APA), an often-overlooked avenue to challenging employment– or family-based immigration denials.

Featured Topics

  • When Is an APA Complaint Appropriate to Challenge a Denial?
  • How to Draft an APA Complaint
  • Advocating for Your Client Through Negotiation with the Assistant U.S. Attorney
  • The Government Filed a Motion to Dismiss: How Do I Respond?
  • When Should I File a Motion for Summary Judgment?
  • Getting Attorney’s Fees in APA Litigation

Free Seminar Recordings with AILA Membership Starting March 2021

Please note, all 2021 seminar recordings are free to AILA members starting in March 2021, as part of a new service provided with AILA membership. AILA encourages live attendance for those wishing to ask questions of the speakers. CLE credit is included with purchase for live participants.

Recordings will be available approximately two weeks after the live event. Recordings are CLE eligible in most jurisdictions. A CLE administration fee will apply for AILA members interested in obtaining CLE Credit. More details available [here].


Maria T. Baldini-Potermin (DL), AILA Federal Court Litigation Section Steering Committee/AILA Removal Defense Section Steering Committee, Chicago, IL

Maria T. Baldini-Potermin founded Maria Baldini-Potermin & Associates, P.C. in Chicago. She focuses on removal defense, federal litigation, waivers, family-based immigration, and immigration consequences of criminal dispositions. AILA awards include: the 2013 and 2018 AILA Presidential Commendation, 2010 Edith Lowenstein Award for Excellence in Advancing the Practice of Immigration Law, and 2004 Chicago Joseph Minsky Mentor Award. She has served on and chaired numerous AILA committees, including AILA Federal Court Litigation Section. She serves on the National Immigration Project Board of Directors.

Charles H. Kuck, AILA Past President/AILA Administrative Litigation Task Force, Atlanta, GA

Charles H. Kuck is the Managing Partner of Kuck Baxter Immigration LLC. He is a former National President of the American Immigration Lawyers Association and is a founding member and former president of the Alliance of Business Immigration Lawyers. Mr. Kuck has represented asylum seekers and other immigrants in more than 600 trials before the immigration court. He received his J.D. from Arizona State University Law School in 1989.

Brad Banias, Charleston, SC

Brad is an attorney with Wasden Banias, LLC. After two federal clerkships and an LLM, Brad worked with the U.S. Department of Justice’s Office of Immigration Litigation – District Court Section. His firm comprises all former DOJ attorneys. Together, they focus their practice on federal court immigration litigation. They won AILA’s national award for excellence in litigation in 2020.

Helen L. Tarokic, Wilmington, NC

Helen Tarokic (J.D. Wake Law ’06) of Helen Tarokic Law PLLC is a NC Board Certified Immigration Law Specialist. She handles a wide range of cases, including humanitarian (T, U, VAWA). As a result of the Trump Administration backlogs, she has had to initiate co-counsel litigation over long-term application delays and unjust denials.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.

By registering for this seminar you agree to abide by the AILA Virtual Code of Conduct.

Free Downloadable Seminar Recording Included with Live Registration Included with registration, participants in the live seminar will receive a free downloadable recording of the seminar. It will be available in participant's Agora Digital Library approximately 4-7 business days from the seminar date. Order Recordings
AILA Member/International Associates $129
AILA Members’ Paralegals $129
AILA Nonprofit Members $129
AILA Law Student Members $129
Nonmember Attorneys $199
Other Nonmembers $199
Nonprofit Nonmembers $199
Nonmember Law Students $199
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The APA Litigation: How to Take a USCIS Denial to Federal Court web seminar takes place Thursday, September 9, 2021, at the times noted below:

  • 2:00 pm–3:30 pm eastern time
  • 1:00 pm–2:30 pm central time
  • 12:00 pm–1:30 pm mountain time
  • 11:00 am–12:30 pm pacific time

The registration deadline for this seminar is 11:59 pm ET on September 8, 2021.

Tuition Assistance

Full and partial tuition assistance will be offered to participants based on need and availability for all audio and web seminars. Please complete the tuition assistance application for consideration.
AILA will administer CLE credit to individuals who register for and log to the seminar only. AILA cannot verify your attendance and participation in this program unless you register directly for the seminar and use your own name to login to participate in the program. Therefore, persons who login or listen in on the seminar as part of a group will not be able to obtain CLE credit.
Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, please visit the CLE Center.
AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, please contact us at

  • AILA applies for accreditation upon attorneys request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
  • Florida and Rhode Island - Attorneys must apply on their own for approval of seminars in FL and RI. Programs are typically approved.

To receive CLE credit, attorneys must record seminar attendance and the CLE code provided within one week of the seminar date via webCLE.

No refunds will be given after the seminar has started.

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