Let’s Dance
This blog post is adapted from the speech I gave when I was installed as AILA’s President for the 2014-15 term. I was thrilled to be able to reflect at the Annual Conference hosted by my home chapter, the New England Chapter of AILA.
New England is where I found immigration and, if I hadn’t found immigration I don’t think that I would be practicing law. I started my legal career in New York as a commercial litigator, but I found my calling after moving to Vermont. I found it in immigration law through dance in Vermont – African dance in Vermont.
While I have always loved to dance, I’m not the most adept at it, but that never stopped me from enjoying all forms of dance in all its facets. So it was that in 1998 I began attending African dance classes in Burlington. Several members of the National Ballet of Guinea as well as Senegal and the Ivory Coast lived and worked in Burlington and after class they would ask me questions about their immigration status (P-3s). However, I knew nothing about immigration whatsoever and referred them to a terrific immigration attorney instead.
I am a first generation American (my mother was born in and escaped from Hungary) and between my history and my involvement with foreign dancers I made a life altering decision by deciding to concentrate only on immigration. I distinctly remember my first task. I needed to determine whether a client had been admitted to the U.S. Admitted? They were here weren’t they? – Of course they were admitted. It took 16 hours of research before I realized that I had entered a world where nothing was as it seemed: the world of immigration law.
Five years ago I started on my way to the AILA presidency, working my way up from Secretary through all the roles and responsibilities until this year. Looking back at those years, I reviewed the goals I had set out each year for myself and the organization. I took a look at what had been resolved and accomplished, what issues recurred over and over again, what issues still remain, and which of my goals have not yet been reached.
While many of my priorities changed from year to year one issue remained constant – ironically it was the lack of consistency and predictability in adjudications, determinations, rulings, and admissions – and the need to fix this through, among other things, interagency engagement. Our world requires that we typically deal with not just one agency, but at least two, and generally three.
When I meet with new clients, I along with other immigration attorneys, often find myself saying something akin to the following during our initial consultation: “Before we proceed it is imperative that you understand that, even if your petition is approved by the USCIS, you are not home free. You also need approval from the Department of State and then, even if you pass that hurdle, you still must obtain permission from U.S. Customs and Border Protection to actually enter the U.S.”
This situation is unfortunately a constant in all areas of our practice whether it is business, family, or removal. Think of H-1B visas denied after petition approval for critical employees, approved fiancées who never get here, or as we call it in our office, “love’s labors lost,” or waiver applicants with provisional grants denied on other grounds not previously believed to make one inadmissible. The interagency disconnect is not limited to the petition, visa, and subsequent admission situation. It is also at the heart of so many of the procedural issues that we face.
Thus, it makes sense that my primary long-term goal relates to AILA’s liaison work. One of the many benefits of living in Vermont is that I learned to practice immigration in a place where I truly had access to government officials and was able to work with them to address some of the issues that came up as a result of interagency miscommunication.
Having learned to practice where openness and accessibility continue to be the standard has guided my vision. Those of you who have sat in meetings with me likely have heard two recurrent themes. The first is that my local CBP, USCIS, and ICE offices are the exemplar. I have never felt that I could not approach them and they have always been willing to talk and listen. The second is a request I make, at each and every meeting: whether the agency would be open to a multi-agency dialogue at a later date.
I believe that many of our adjudication and process problems stem from the fact that two or more agencies have conflicting interpretations of the law or regulations and that they do not actually know the effect that their actions have on the applicant when that applicant must next deal with another agency. They may not know what switching to an automated form might mean for another agency which still requires a hardcopy. I believe that we could solve so many issues if we were just permitted to sit down together and explain the problems that crop up.
Interagency engagement is not the only way to attain more consistency and predictability in what we do. Another aspect is the need to locate, isolate, and change the negative policy that seems to be driving so many adjudications, decisions, and admissions. In our area of practice, I think more than in any other, discretion abounds. But it seems that more often than not the trend is toward denial rather than acceptance.
Earlier I told you that I found immigration through African Dance. However, not only did African Dance lead me to immigration, it taught me immigration. In representing my dance community I encountered early on in my career almost every immigration situation there is. The good news is that I was able to help them, at least until fairly recently.
Almost three years ago, one of my clients returned home to Guinea to visit his family and bring back new and current dance and drum rhythms. He had an approved P-3 and had never been in trouble with the law or violated his status. However despite that, his visa was denied for immigrant intent. He had returned to Guinea because of his strong family ties, yet he was denied. That sort of denial would not have happened just a few years ago.
Through all the ups and downs of immigration law practice, one thing has been constant – AILA. AILA is a community where people who perform the same work can obtain from it the tools they need to practice their profession. I truly believe that with just the InfoNet and AILAlink immigration attorneys have all the tools they need to practice immigration and, practice it well. But by also offering accessibility to mentors, practice management help, ethics guidance, media training, advocacy, and liaison assistance, immigration attorneys get all that they need to become well rounded and truly excellent in their field.
More than that though, I believe AILA goes far beyond just a professional community. It is also a fellowship. I practiced law for 11 years before joining AILA. I never experienced elsewhere the support, camaraderie and professional generosity with my peers that I found here. I ask that all of you continue to engage, to care deeply about AILA and its governance, and to share your thoughts and insights.
I am looking forward to this year. To liaising with the government and you. To working together to make positive changes in immigration, to make things better for our clients, to making AILA the best it can be.
Almost every Monday, Wednesday and Saturday I wake up with a feeling that something is special. They are dance days. I hope that every day this coming year is a dance day. If that happens I know that we can accomplish our goals and make a difference, as, in the words of the Hopi who steadfastly believed that through dance they would influence the Gods and accomplish their goals, – To watch us dance is to hear our hearts speak. So, let’s dance!
Written by Leslie A. Holman, AILA President
To watch Leslie’s full speech, including a performance by her friends from the African dance and drumming community Jeh Kulu, watch here: Video: Leslie Holman Installation Speech