New Strategies for Overcoming False Claims to Citizenship - Recording (.MP3)

New Strategies for Overcoming False Claims to Citizenship - Recording (.MP3)

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Recorded 04/19/2018
CLE Eligible Yes
Length 90 min.
Format MP3
SKU AS2018-04-19-DL

Although false claims to U.S. citizenship have extremely narrow exceptions and no waiver is available in most contexts, recent developments in law and policy are providing the tools to argue that the false claim to citizenship grounds of inadmissibility and deportability do not apply. This panel of experts will discuss how to screen for, and defend against, false claims to U.S. citizenship in both affirmative applications and removal proceedings.

Featured Topics

  • Exceptions: Certain Claims by Minors, and Claims Before September 30, 1996
  • Matter of Richmond Standard Regarding the Statutory Elements for a False Claim, Subjective Intent, and Objective Purpose
  • USCIS Policy Manual and Foreign Affairs Manual Updates Regarding the Knowing Standard: Accidental and Involuntary Claims
  • Best Practices for Avoiding Inadmissibility Before USCIS, and Handling Requests for Form I-9s
  • Best Practices for Fighting Removability Charges in Immigration Court
  • Strategies for Challenging Documentation of the Alleged False Claim to Citizenship

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Magali Suarez Candler (DL), Houston, TX
Magali Suárez Candler founded Suárez Candler Law in Houston, TX. Ms. Candler is a past chair of the AILA Texas Chapter and has served on the EOIR and TSC Liaison Committees. Current Advocacy Co-Captain for Houston, she is Board certified in Immigration and Nationality Law, and received the J. Chrys Dougherty Legal Services Award from the State Bar of Texas in 1999 for her longtime work at Catholic Charities, Houston. Co-counsel on a 2012 U.S. Supreme Court win, Umer v. Holder, she is licensed at the U.S. Supreme Court, the Fifth and Eleventh Circuits, and the U.S. District Court, Southern District of Texas. She is a senior fellow of the American Leadership Forum and is on the Advisory Council of the Tahirih Justice Center.

Rekha Sharma-Crawford, Kansas City, MO

Rekha Sharma-Crawford is a lawyer and a storyteller. Using storytelling and a deep commitment to the rule of law, she has a nationally recognized immigration litigation practice. A skilled lawyer and passionate social justice advocate, Ms. Sharma-Crawford focuses on cases that push the boundaries of the law and challenge the status quo. She is a frequently requested speaker and author on the subject of immigration law. Ms. Sharma-Crawford received her J.D. from Detroit College of Law at Michigan State University. She also graduated with a B.S. in Psychology from the University of Houston.

Michael H. Davis, Minneapolis, MN
Michael H. Davis is the managing partner at Davis & Goldfarb PLLC, in Minneapolis and oversees the firm's Tel Aviv office. Mr. Davis received his law degree from the University of Minnesota and has practiced immigration law exclusively since 1987. He has a particular focus on visa cases involving complex admissibility issues, including waivers for unlawful presence, fraud/misrepresentation, and criminal conduct. Mr. Davis is past chair of AILA's Minnesota-Dakotas Chapter and USCIS International Operations Liaison Committee, as well as the Minnesota State Bar Association Immigration Law Section. He is also co-editor of AILA's The Consular Practice Handbook.

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.