Recorded October 2023

Explore the fundamentals of immigration and naturalization law in this free online course designed specifically for lawyers dealing with individuals serving in the military and their families. All sessions were led by nationally recognized American Immigration Lawyers Association attorneys with significant experience and expertise in handling military cases. This webinar series was made possible by funding provided by the American College of Trial Lawyers with the goal of expanding military service members’ access to immigration assistance.

The course consisted of six sessions, presented over two weeks. Each week covered three sessions. Week 1 sessions introduced the nuts and bolts of immigration and naturalization, addressing how the immigration system works, terms frequently used in practice, and common pitfalls. Week 2 sessions examined the immigration laws and practices specific to military members and their families, including consular processing issues, marriage-based adjustment, and parole in place. In addition, our expert faculty provided practical training on how to handle frequently used forms and advise on best practices for recognizing and resolving red-flag issues.

Week 1: Nuts and Bolts of Immigration and Naturalization (Recorded October 3-5, 2023)

Session 1
How the U.S. Immigration System Works

• Terminology used in family-based immigration
• Immediate relatives vs. preference categories: who can come and when?
• Government agencies and their roles: USCIS, DOS (NVC, embassies, consulates), ICE
• Common service member immigration case requests

Session 2
Naturalization of Service Members: Essential Terminology and Understanding the Process

• Eligibility for naturalization: peacetime vs. a time of military conflict
• Filling out the naturalization application
• Common issues and red flags
• Practicum: Form N-400
• Options for spouses: immigration, overseas naturalization, expedited naturalization

Session 3
Screening Immigration Cases: General Overview of Common Pitfalls

• Brief overview of inadmissibility grounds
• The three-year, ten-year, and permanent bars
• Fraud and misrepresentation, including false claims to U.S. citizenship
• Brief introduction to criminal bars and the petty offense exception

Week 2: Special Considerations for Military Families (Recorded October 10-12, 2023)

Session 4
Immigration from Abroad: Consular Processing for Military Service Members and Their Families

• Overview of the process
• Step 1 (petition): filing overseas at the embassy or consulate vs. filing in the United States with USCIS
• Filling out the I-130 petition and I-130A
• Step 2: completing the DS-260, uploading documents to the Consular Electronic Application Center (CEAC)
• Preparing for the consular interview and post-interview issues
• Common issues and red flags
• Practicum: Forms I-130, I-130A, and DS-260; using the CEAC

Session 5
Marriage-Based Adjustment

• Overview of the process of getting a military spouse a green card
• Is the spouse eligible to adjust status?
• Military member’s I-130
• Foreign-national spouse’s I-485
• Other documents that must be included: affidavit of support, advance parole travel authorization, work authorization
• Common issues and red flags
• Checklists of what to include with each form

Session 6
Parole in Place and Other Discretionary Options

• Parole in Place: eligibility, putting together an application
• Deferred action
• Common issues and red flags
• Practicum: Form I-131

Registration Disclaimer: Participation in this AILA online course is solely restricted to AILA members and nonmember attorneys. Non-attorney attendance is limited to employees of AILA members in good standing, HR professionals who have an AILA member reference, employees of accredited educational institutions providing support to international student and scholar services at their employing institutions, and accredited representatives under 8 CFR §292.2. AILA does not permit course participation by persons who provide representation without authorization in violation of 8 CFR §292.1, such as for-profit "immigration consultants" and “notarios.”