The Notorious I-864: No Longer a Shield Against “Public Charge” - Recording (.MP3)

The Notorious I-864: No Longer a Shield Against “Public Charge” - Recording (.MP3)

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Recording Available to Only to AILA Members
Recorded 7/30/2019
CLE Eligible Yes
Length 90 min.
Format MP3
SKU AS2019-07-30-DL

Submitting a successful I-864 in order to shield your client from a finding of inadmissibility based upon the public charge ground has never been simple. Should DHS’s proposed rules regarding “Inadmissibility on Public Charge Grounds” take effect, this area of immigration law will become even more cumbersome, as USCIS and the consulates will look far beyond the affidavit of support to determine whether an applicant is likely to become a “public charge.” Our expert panelists will analyze both the current and proposed public charge rules and explain which public benefits could sabotage your client’s application.

Featured Topics

  • What Are the Current Guidelines for Determining Public Charge Inadmissibility Under INA §212(a)(4), and How Are These Guidelines Being Applied in Practice?
  • Which Programs Qualify as “Public Benefits,” and Which Do Not?
  • Would the Proposed New Rule Apply to Applicants Who Previously Accepted Public Benefits, or Only to Those Accepting Benefits in the Future?
  • What Are the New Factors that USCIS and DOS Would Consider in Determining Whether an Applicant Is Likely to Receive Public Benefits, and What Factors Would Mitigate in Favor of Overcoming Public Charge Concerns?
  • How Would the New Rule Affect Applicants Seeking to Change or Extend Their Nonimmigrant Status?

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David Guerrettaz is a partner with the Evansville law firm, Ziemer, Stayman, Weitzel & Shoulders, LLP, located in Evansville, Indiana. David manages the firm's immigration law department, and his practice covers both business and family-based immigration, including those matters requiring the preparation and submission of Affidavits of Support. David is an active member of the American Immigration Lawyers Association (AILA). Currently, he serves on AILA's Distance Learning Committee, and he is a past chair of AILA's Indiana Chapter.

Dallin David Lykins is an Associate in the Immigration Group of Lewis Kappes. In his practice, he handles various types of immigration cases and matters such as Removal Defense; Immigration Bond Hearings; Negotiations with Federal ICE Officers; Citizenship; Consular Processing; Waivers of Inadmissibility; Adjustment of Status; Family Petitions; Special Immigrant Juveniles; Asylum; Religious Worker Visas; F-1 Visas; and Employment-Based Petitions. He also works as a licensed Indiana Domestic Relations and Family Mediator. He has mediated cases in both English and Spanish involving parenting time, custody issues, dissolution, paternity, and other domestic issues. Dallin also handles legal issues for religious and nonprofit clients, including 501(c)(3) registration, drafting bylaws and articles of incorporation, advising on nonprofit issues, and dissolving nonprofit corporations. He frequently speaks and presents to school administrators, bar associations, and other organizations on immigration matters. Dallin received a Bachelor of Arts degree from Brigham Young University majoring in Communications and Public Relations. Before law school, he worked in Washington, a public relations practitioner, communications specialist, and a speech writer. His Bar Admissions are as follows: State – Indiana, Federal – Northern District of Indiana, Federal – Southern District of Indiana

Annie Jen Wang is Staff attorney and director of Immigrant Justice Project at the Asian American Legal Defense and Education Fund, responsible for providing direct legal services to undocumented Asian youth and trafficking survivors, engaging in policy advocacy, and analyzing issues related to immigrant rights. Board of Governors, AILA (2001 to 2004). American Immigration Council (AIC), formerly known as American Immigration Law Foundation: Board of Trustees (2000 to 2006); Community Education Center Committee (2006 to 2012). Chair, Committee on Immigration and Nationality Law, New York City Bar Association (1997 to 2000). Listing in Best Lawyers in America (annual listing for at least 10 years).

Greg McLawsen is proud to be the founder of Sound Immigration. The focus of my leadership in the broader legal community is using technology and innovation to serve clients. I have chaired the 1,000-member Solo and Small Practice Section of the Washington State Bar Association, where I help attorneys learn about ways to help clients more effectively with technology tools. For two years I served on the Washington State Bar Association’s Future of the Profession Workgroup, which explored the future of the legal industry. And I chair the Technology Committee of the American Immigration Lawyer’s Washington State Chapter, and formerly served as Treasurer and Secretary of the Chapter.

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.