Bench & Bar March/April 2026

KENTUCKY BAR ASSOCIATION

MARCH/APRIL 2026 BENCH & BAR MAGAZINE

CONVENTION DETAILS ON PAGE 6

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vol. 90 no. 2 THIS ISSUE OF THE KENTUCKY BAR ASSOCIATION’S B&B-BENCH & BAR WAS PUBLISHED IN THE MONTH OF MARCH. COMMUNICATIONS & PUBLICATIONS COMMITTEE EILEEN M. O’BRIEN chair , lexington PAUL ALLEY florence ELIZABETH M. BASS hendersonville , tenn . JENN L. BRINKLEY pensacola , fla . KYLE R. BUNNELL lexington FRANCES E. CATRON CADLE lexington ALLISON I. CONNELLY lexington JAMES P. DADY bellevue JOHN M. GHAELIAN lexington P. FRANKLIN HEABERLIN prestonsburg JESSICA R. C. MALLOY louisville SANDRA J. REEVES corbin JOHN SCHAAF georgetown GERALD R. TONER louisville ZACHARY M. VAN VACTOR louisville SAMUEL W. WARDLE louisville LITANY L. WEBSTER cincinnati , ohio MICHELE M. WHITTINGTON lexington

CONTENTS 2 6 President’s Page BY TODD V. MCMURTRY

2026 ANNUAL CONVENTION OVERVIEW

14 Immigration 101 for Attorneys Who Know Nothing About Immigration Law BY GUION JOHNSTONE 20 Signed, Sealed, Delivered: The Case for a Federal Expungement Statute BY PROFESSOR CHRISTOPHER J. NUNLEY 24 No Longer Alternative Risk Management, Captives Are Mainstream Insurance Tools (For Public And Private Enterprises) BY AMANDA S. LUBY FEATURE: POTPOURRI EDITION

KATHRYN D. WILLIAMS louisville MARK A. WINSOR lawrenceburg

PUBLISHER JOHN D. MEYERS EDITOR EILEEN M. O’BRIEN

COLUMNS

30 Northern Kentucky University Salmon P. Chase College of Law 32 University of Kentucky J. David Rosenberg College of Law 36 Effective Legal Writing BY MARCIA M. ZIEGLER

38 Law Practice Management BY MICHAEL LOSAVIO 40 Lawyer Wellbeing BY DR. ERIC Y. DROGIN Ethics Corner BY SHELDON G. GILMAN 31 University of Louisville Louis D. Brandeis School of Law 28 Young Lawyers Division BY KYLE R. BUNNELL 33

MANAGING EDITOR SHANNON H. ROBERTS DESIGN & LAYOUT JESI L. EBELHAR

THE B&B - BENCH & BAR (ISSN-1521-6497) IS PUBLISHED BI-MONTHLY BY THE KENTUCKY BAR ASSOCIATION, 514 WEST MAIN STREET, FRANKFORT, KY 40601-1812. PERIODICALS POSTAGE PAID AT FRANKFORT, KY AND ADDITIONAL MAILING OFFICES. ALL MANUSCRIPTS FOR PUBLICATION SHOULD BE SENT TO THE MANAGING EDITOR. PERMISSION IS GRANTED FOR REPRODUCTION WITH CREDIT. PUBLICATION OF ANY ARTICLE OR STATEMENT IS NOT TO BE DEEMED AN ENDORSEMENT OF THE VIEWS EXPRESSED THEREIN BY THE KENTUCKY BAR ASSOCIATION, ITS BOARD OF GOVERNORS, SECTIONS, DIVISIONS, COMMITTEES, OR MEMBERS. ANNUAL DUES AND IS NOT LESS THAN 50% FOR THE LOWEST SUBSCRIPTION PRICE PAID BY SUBSCRIBERS. FOR MORE INFORMATION, CALL (502) 564-3795. POSTMASTER SEND ADDRESS CHANGES TO: B&B - BENCH & BAR 514 WEST MAIN STREET FRANKFORT, KY 40601-1812 SUBSCRIPTION PRICE: $20 PER YEAR. MEMBERS SUBSCRIPTION IS INCLUDED IN

42 BOG Minutes 46 Judicial Conduct Commission BAR NEWS

52 Continuing Legal Education 48 Kentucky Bar Foundation DEPARTMENTS

58 Who, What, When and Where

Several inside graphics by ©istockphoto.com/JesiEbelhar

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PRESIDENT'S PAGE

The

BY TODD V. MCMURTRY

Game

I want to tell you about my friend, Patrick Heringer, 1 whose phi losophy of life has caused me to think more carefully about my own and yours. But first, you need to know that Patrick was brutally murdered in Cincinnati by a home intruder in the early morning hours of June 4, 2025. He and his wife Sarah were good friends of mine and my wife, Cari. I learned about this tragedy during last year’s annual convention. Cari called me off the convention stage with urgent gestures. We walked out of the convention hall and she told me. I nearly collapsed. His murder sent shock waves across Cincinnati and Northern Kentucky. At the time, beyond my personal affection for Patrick, I did not fully appreciate why the death of one man could be so significant. After his death, Sarah wrote something to describe how Patrick lived. He called it "The Long Game." Patrick’s philosophy of life explains the profound impact his life and death had on so many people. While Patrick’s words and philosophy applied to him and many, they apply in a unique way to lawyers. We are a part of a profession that is the foundation of our nation and society. Our constitutional oath imparts upon each of us a special obligation to be honest and diligent in how we practice law. Sarah wrote that her husband "never did anything only for the moment he was standing in." He was, she says, deeply present in life. But for Patrick, presence was never sep arate from the future. "In his mind, the two were inseparable. Being fully in the moment was how you build the long game." Because the law and lawyers have a special relationship with our society, we can benefit from some of Patrick’s wisdom. I have been a trial lawyer for 35 years. In that time, I have watched colleagues rise and fall, build and squander, leave legacies and leave wreckage. And what I have come to believe, and what Patrick's life confirmed for me in a way I did not expect, is that the law, when practiced with skill and intentionality, is a long game profession. The problem is that too few of us treat it that way.

Patrick Heringer May 2, 1979 - June 4, 2025

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PRESIDENT'S PAGE

quality of his engagement with the world. Patrick cared, she writes, about "doing things in a way that was thoughtful and deliberate, and in a way that carried a kind of quiet beauty. Not beauty in a superficial sense, but in the sense that the result was something you could stand behind. Some thing meaningful. Something that made the world, or the people around him, a little stronger."

We are trained to think in cycles. How many hours did I bill last year? How many cases did I settle? How many successful jury ver dicts have I achieved? January 1 st always seems like a new cycle and a new beginning. But the truth is the opposite. The truth is that a legal career, or a life in the law, is built exactly the way Patrick described: through the accumulation of small moments, lived with integrity, repeated over and over again until they become something enduring. Now, think about that! This is a deep dis tillation of wisdom expressed in a simple manner that is wildly profound. Patrick believed, Sarah tells us, that "actions compound. The way you treat people. The standards you hold yourself to. The way you show up in conversation. The way you build something in the world. None of it exists in isolation. Each choice becomes the next stone in the path of a life." Consider what that means for those of us who practice law. Every interaction with a client, especially the frightened ones, the difficult ones, and the ones who cannot pay what they owe. Each is a stone in that path. Every time you tell a client the truth they do not want to hear, rather than the comfort they seek, you are playing the long game. Every time you treat opposing counsel with respect even when they have not earned it, every time you keep your word when no one is watch ing, every time you give a younger lawyer the benefit of your hard-won experience, you add a stone to the pathway of life. Over time, the stones accumulate and lead you to a life that exemplifies the pursuit of the long game. Conversely, every shortcut, every ethical lapse, every client set aside, and every false excuse is a stone, but not on a path. They are stones you carry on your back. Although often unnoticed, these negative stones are a weight that slows your progress or worse. What strikes me most about Sarah's portrait of her husband is the way she describes the

through the choices of each ordinary day, what kind of lawyer, and what kind of person, we intend to be. This pursuit should be the foundation of our personal and pro fessional lives. We have a calling higher than a career. Sarah writes that Patrick "lived completely inside the life in front of him while know ing that every step he took was shaping the legacy he would leave behind." This life is available to us as well. When I knew Patrick, I did not fully understand his philosophy. But when I learned how loved and influ ential he was, I wanted to understand how one person could have such a major impact on so many people. The intrinsic value and deep meaning of his philosophy now explain the force of his life. That is why I wanted to share it with you. Patrick Heringer did not live a long life. But he appears to have lived a complete one. His choices reflected something larger than his immediate circumstances. His philosophy did not require decades to be authentic. It required only the willingness to ask, at each decision point, what this produces over time. That question is available to you today. In your next client meeting, in your next difficult conversation with a colleague, in the next A life in the law is a long game. Patrick knew it. Now we do too. Play it accordingly. moment you are tempted to cut a corner or compromise a standard, think about The Long Game. ENDNOTE 1 Heringer received two Bronze Stars, an Iraq Campaign Medal, an Afghanistan Cam paign Medal, a National Defense Service Medal, a Global War on Terror Service Medal, a NATO Medal, two Overseas Ser vice Ribbons, and a Combat Action Badge and Air Assault Wings.

Is that not an almost perfect description of what it means to be a good lawyer?

A good lawyer is as careful with their speech as with their briefs. A good lawyer is aware of the significance of their constitutional oath.

This beauty is not how you become a famous lawyer or a rich lawyer. It is how you become a good lawyer. A good lawyer is as careful with their speech as with their briefs. A good lawyer is aware of the signif icance of their constitutional oath. That is the quiet beauty Patrick was after. It is the quiet beauty our profession is capable of when we remember what we are actually building. Good lawyers build and enhance the profession through their pursuit of the truth and justice. A whole lot of good law yers make the world a better place. I am at a point in my career where these questions press with particular urgency. I think about the lawyers who shaped me, the ones who gave me not just technique, but a standard of conduct, a model of what this work could mean. I always remember my father who exemplified this standard. He was never famous or rich, but he was loved and admired. I also think about the young lawyers I encounter now, at bar functions and courthouses and law schools, who are trying to find their footing in a profession that often fails to tell them what they are really doing here. What are we really doing here? Patrick's answer, translated into the lan guage of the law, might sound something like this: we are building something that will outlast the case in front of us. We are earning the trust of the people we serve. We are contributing to the reputation of a pro fession that our civilization literally cannot function without. We are demonstrating,

4 march/april 2026

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Pack your curiosity, your CLE tracker, and maybe even a fresh perspective—because this June, the Kentucky Bar Association is stepping confidently into Law’s Next Frontier . Join us in Covington on June 11 & 12, 2026 , as we explore new ideas, emerging trends, and the next chapter of professional excellence in Kentucky’s legal community. This year, we’re celebrating both innovation and tradition: the cutting edge issues shaping tomorrow’s practice and the enduring values that continue to ground our profession. Whether you’re energized by technology, committed to classic practice foundations, or simply trying to stay ahead of whatever challenge lands on your desk next, this convention promises something meaningful, memorable, and yes—fun.

We’ll gather along Covington’s vibrant riverfront for two days of high impact programming, outstanding speakers, and opportunities to connect with colleagues who make the practice of law feel collaborative and purposeful. And if traveling to Northern Kentucky doesn’t fit your schedule, our on-demand program offers a flexible way to enjoy select programming from wherever you work best. We’re excited to bring you an innovative slate of CLE offerings—designed to challenge assumptions, expand horizons, and inspire your next steps in practice. Keep reading for a preview of our featured speakers, dynamic sessions, and beloved convention traditions.

Set your plans for Covington—we can’t wait to welcome you to the frontier of what’s next!

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THURSDAY 6.11.26 1:15 – 2:15 PM Feature Andrea Canning

ON-DEMAND MAY 1 - JUNE 30, 2026 6 CLE CREDITS INCLUDING 3 ETHICS CREDITS ON-DEMAND TOPICS: • Business Law • AI Bootcamp • Three General Session Tracks AND OTHER GREAT SESSIONS YOU WON’T WANT TO MISS: • Supreme Court Rules Hearing (open to all KBA members) • File & Serve Update • Recruiting and Retaining Rural Lawyers NEW THIS YEAR: CUSTOMIZED CLE TRACKS! • Civil Law • Estate & Elder Law

An award-winning journalist and correspondent for Dateline NBC, known for her in-depth reporting and compelling storytelling on high-profile criminal cases. sponsor :

FRIDAY 6.12.26 Spotlight Ian McDougall A senior executive at LexisNexis and a leading voice on the future of law, innovation, and the rule of law. 10:15 – 11:15 AM

2:15 – 3:15 PM Feature Scott Turow A #1 New York Times bestselling author and former prosecutor, widely regarded as one of the most influential voices in legal fiction.

• Nonprofits and Taxes • Unclaimed Property • AI in Law Practice Management

Registration for both the in-person convention and the on-demand session opened in early April at kybar.org/2026AC.

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WEDNESDAY 6.10.26 3:00 – 4:00 PM Memorial Service Trinity Episcopal Church 326 MADISON AVENUE, COVINGTON The Kentucky Bar Association invites you to attend our annual memorial service. This meaningful service will honor and celebrate the lives and legacies of the Kentucky attorneys who passed away since June 1, 2025. This service is a moment to reflect on their lives, their dedication to the law, and the impact they made on the profession. Members of the judiciary and the KBA Board of Governors will also be in attendance as we gather in remembrance and reflection. All KBA members are welcome and encouraged to join us for this special tribute. If you are unable to attend in person but would like to view the service, you can visit https://kybar.org/Annual-Convention-Memorial-Service to view the live stream and access the recording of the event.

THURSDAY 6.11.26 12:00 – 1:30 PM YLD Luncheon Covington 1 & 2, Cincinnati Marriott RiverCenter $45 PER PERSON The Young Lawyers Division wishes to extend an invitation to all KBA members and guests to attend their annual luncheon. The division will honor recipients of the Outstanding Young Lawyer Award, Service to Young Lawyers Award, the Nathaniel R. Harper Award and Young Lawyer Service to Community Award. In addition to these annual awards, the winners of this year’s Legal Food Frenzy competition will also be recognized. 5:00 – 7:00 PM Membership Mixer The Firehouse at Covington Yard 401 GREENUP STREET, COVINGTON Get ready for a fresh convention experience! Our new membership mixer is designed to give you more of what you asked for: authentic networking in a fun, informal setting. We’ve moved the event off site to The Firehouse at Covington Yard, offering a lively backdrop that encourages conversations, connections, and community building. Formerly the Bench & Bar and YLD Joint Reception, this improved format is all about ele vating your convention experience. Enjoy a casu al evening of mingling with colleagues, building new relationships, and reconnecting with peers.

Admission is complimentary with registration — preregistration required.

sponsor :

8 march/april 2026

THURSDAY 6.11.26 6:30 PM KBA Annual Banquet Covington Ballroom, Cincinnati Marriott RiverCenter $65 PER PERSON Join us for an evening of celebration and camaraderie at this year’s annual banquet. This special night brings our legal community together to honor the outstanding achieve ments of our colleagues, including this year’s Distinguished Lawyer and Distinguished Judge award recipients, as well as the honoree of the Chief Justice Special Service Award. As we gather to recognize their exceptional service and contributions to the profession, we will also proudly swear in the 2026–2027 KBA Officers and Board of Governors.

FRIDAY 6.12.26

12:00 – 1:00 PM Kentucky Bar

Foundation Luncheon Covington Ballroom, Cincinnati Marriott RiverCenter $25 PER PERSON The Kentucky Bar Foundation (KBF) luncheon is held annually to award grants to the various nonprofit organizations that are supported by the KBF and to also honor the KBF's newest Fellows and major gift donors. Anyone is welcome to attend.

We hope you’ll join us for a memorable night of dining and fellowship. A brief reception will be held just prior to the banquet in the Atrium of the Cincinnati Marriott RiverCenter. Your presence will help make the celebration complete!

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PUBLIC SERVICE PROJECT

Mentoring Plus Each year, the Kentucky Bar Association’s (KBA) Annual Convention Planning Committee identi fies a public service project aimed at improving the lives of Kentuckians, with an emphasis often placed on those living within the host city. This year, the committee has selected Mentoring Plus in Northern Kentucky. According to their website, Mentoring Plus’s mission is, “…to empower disadvantaged youth and their families to fulfill their potential and to contribute to the well-being of the community by forming relationships based on mutual trust, compassion, and respect through mentorship, weekly programming, and case management services.” They offer weekly programming, life skills workshops, life coaching, job support services and many other benefits. For more information about Mentoring Plus, visit their website at www.mentoringplus.org/. Please join us for an interactive session on the professional role of counsel for children in Kentucky during the in-person portion of the annual convention. From Risk to Resilience: Mentoring Plus and the Role of Supportive Relationships for Court-Involved Youth will be presented on Friday, June 12, 11:30 AM - 12:30 PM. Don’t miss this session! Also, don’t forget to donate on your KBA Annual Convention registration for this year’s public service project!

Mentoring Plus believes everyone has something to give. Whether you have one hour or several, there’s a mentoring level that fits your life—and changes a young person’s future. Mentoring Plus believes everyone has something to give. Whether you have one hour or several, there’s a mentoring level that fits your life—and changes a young person’s future.

GUIDE

Show up consistently Be a positive adult presence Listen, encourage, and support

MENTOR

Help youth set goals Teach basic life skills Provide accountability and encouragement

LIFE COACH

Stand up for youth success Help navigate school, work, or life challenges Be a consistent voice of hope

mentoringplus

mentoring_plus

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We combine structured services with healthy personal relationships between youth, M+ staff, and dedicated volunteers. WHAT IS MENTORING PLUS

PROGRAM BREAKDOWN: Development of a Personal Goal Plan As-needed case management support to connect youth with community resources (e.g., housing, food, employment, mental health care) Weekly communication with caregivers and ongoing family consultations Access to donor-supplied emergency resources, such as food, basic hygiene necessities, winter coats, etc. Weekly mentoring, in a site-based, staff-supervised setting Start-to-finish match support in mentor/mentee relationship Weekly instruction in independent living skills (financial literacy, career planning, education prep, personal care, mental health coping skills etc.)

WHAT WE OFFER:

Weekly Programming Low-Moderate Case Management Life Skills Workshops Life Coaching Ongoing Support Job Supports Services

MAIN PROGRAM: 13-17

INDEPENDENT LIVING: 16-21

Focuses on building

Builds upon foundational skills

building foundational skills building confidence managing time strengthening communication developing coping skills

independence job exploration life management money management goal setting

OTHER SERVICES

Pre-employment transition services (Pre-ETS) help students with disabilities explore job options and build skills for the workforce, including career counseling, job readiness training, and work-based learning experiences. PRE-ETS

OUR CONTACT Mentoring Plus 840 Washington Ave. PO Box 72202 Newport, Kentucky 41072-0202 859.982.5895 www.mentoringplus.org james@mentoringplus.org

Scan to learn more and enroll your youth today!

Scan to learn more and volunteer today!

Don’t forget to check out our socials for more exciting updates and events.

mentoringplus

mentoring_plus

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Parking Information Cincinnati Marriott at RiverCenter 10 West RiverCenter Blvd., Covington

The Kentucky Bar Association has reserved a block of rooms with special rates for convention attendees and guests at the Cincinnati Marriott RiverCenter. To receive the special group rate, rooms must be booked directly at the hotel using the information below by Saturday, May 9, 2026. After this date, room reservations will be made on a rate and space availability basis. There are a limited number of hotel rooms in the block, so we encourage you to reserve your room early. Cancellations must be made at least 48 hours before the reserved date. All reservations must be guaranteed by an individual credit card. Single/Double $205 per night To secure a room online, visit: https://book.passkey.com/go/KYBARJUNE2026 Call in Reservations: 1-888-236-2427 and ask for code: Kentucky Bar Association Hotel Reservation Information Cincinnati Marriott at RiverCenter 10 West RiverCenter Blvd., Covington

Self-Parking is currently $12 per day (with no in/out privileges for hotel guests) and subject to change. Guests will pay at the gate upon departure. The lot is owned and operated by a third-party vendor. It is open to the public, 24 hours a day. The rates are the same for non-guests or guests. Garage parking under the Marriott RiverCenter is limited. If parking is full at the Marriott RiverCenter, guests are welcome to use the garage under the Embassy Suites River Center, located right next door. Valet parking is $42.00 overnight and $20.00 for Valet short term. Marriott guests may charge Valet parking. Charges are posted nightly to guest room accounts. Embassy Suites Cincinnati RiverCenter 10 East RiverCenter Blvd., Covington Self-Parking is available for $22 per vehicle/per day, subject to change. Non-hotel guests may also park in the garage for $22 per day, subject to change.

2026 Annual Convention Planning Committee Judge Acena Beck Colby L. Birkes Michelle Browning-Coughlin Sarah Cameron Judge Susanne Cetrulo Susie Cioffi Colby Cowherd James Dietz Joy Hall Julie Jones Hauck Penny Hendy Danielle Lewis Jeff Mando Todd McMurtry Chris Muzzo Elivia Rabe Timothy Spille Catherine Stavros Judge Patricia Summe Matthew Taulbee Judge Julie Ward Chair Eric Young CLE Program Chair

Emily Walters Lindsey Wurth Marcy Ziegler

Thank you to these committee members for their time and efforts in this year's convention!

Charles Hinegardner Judge Allison Jones Justice Michelle Keller

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FEATURE: POTPOURRI

IMMIGRATIO IMMIGRATION FOR ATTORNEYS WHO KNOW NOTHING ABOUT IMMIGRATION LAW

BY GUION JOHNSTONE

I n the daily practice of law, attorneys often encounter issues that intersect with immigration even in contexts far removed from what traditionally consti tutes “immigration law.” Whether handling criminal defense, family law, employment disputes, business transactions, or civil litigation, an attorney may confront ques tions regarding a client’s immigration status, removal risks, or eligibility for benefits. A basic competency in immigration concepts is therefore indispensable to secure positive outcomes for clients and litigants. Yet, immigration law has long been regarded as one of the most complex areas in the American legal system. It is gov erned by a dense statutory framework – the Immigration and Nationality Act (INA) and its intricate regulatory scheme – and shaped by frequently changing adminis trative guidance and case law. Moreover, the political and policy environment sur rounding immigration is highly dynamic and changes sometimes daily, resulting in shifting enforcement priorities and evolving protections for noncitizens. For attorneys who do not practice immigra tion law, this article offers a comprehensive primer on the fundamental concepts, legal categories, and practical considerations that routinely arise in legal practice. The goal is not to make every attorney an immigration practitioner, but to provide a high-level overview so that when immigration issues

appear in a matter, attorneys can recognize them and consult with or refer to an immi gration law practitioner. BASIC IMMIGRATION FACTS

SIZE AND COMPOSITION OF THE FOREIGN BORN POPULATION

The United States has one of the largest foreign born populations in the world. As of 2025, data show that more than 50 million immigrants reside in the country, representing approximately 14–15 percent

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ON 101 N 101

of the total U.S. population. 1 This figure reflects decades of growth as well as shifting patterns of global migration. Historically, the pro portion of foreign born individuals hovered around similar levels in the late 19 th and early 20 th centu ries, declined mid century, and then rose steadily after the Immi gration and Nationality Act of 1965 eliminated national origin quotas. 2 Within the immigrant population, there is considerable diversity in legal status. A substantial share are naturalized U.S. citizens, individu als who were born abroad and later acquired citizenship through the naturalization process. Others are lawful permanent residents (LPRs) with “green cards,” while some hold various types of temporary visas. Still others lack a current lawful status yet remain in the country under complex, and often precarious, circumstances. LAWFUL VS. UNLAWFUL PRESENCE A persistent public and policy debate surrounds the size of the undocumented immigrant popu lation in the United States. While precise figures are elusive due to the very nature of unlawful pres ence, some research organizations estimate that around 13-14 million individuals lived in the United States without full lawful status as of 2023. 3 Unauthorized immi grants may include individuals who entered without inspection ( i.e. , crossing between ports of entry) or those who entered law fully on a temporary basis and later overstayed their authorized period. 4 Notably, many unlawful immi grants have temporary protection from deportation, such as pending asylum applications or humanitar ian protections, even though they

are not classified as lawful permanent res idents or citizens under immigration law. This means that estimates of the unlawful population often include individuals with some form of temporary legal protection. 5 Understanding the distinction between lawful and unlawful presence is critical in numerous legal contexts. A criminal con viction that results in loss of lawful status may expose a client to removal proceedings, while immigration status can also affect eli gibility for public benefits, driver’s licenses, or professional licensing. IMMIGRATION STATUS:

IMMIGRANT VS. NONIMMIGRANT

At the most fundamental level, immigra tion law distinguishes between immigrant (permanent) status and nonimmigrant (temporary) status.

NONIMMIGRANT VISAS (TEMPORARY STATUS)

Nonimmigrant visas are issued to foreign nationals who seek entry into the United States for a limited and specific purpose. In recent years, millions of nonimmigrant visas have been issued annually, including 11 million in 2024, representing a sizeable portion of individuals entering or residing temporarily in the United States. 6 There are dozens of nonimmigrant visa categories aimed at temporary travel for tourism, business, study, work, or other specialized activities. Common examples include: • B 1/B 2 visas for business and tourism; • F 1 visas for students; • H 1B visas for specialty occupation workers; and

• O visas for individuals with extraordinary ability in arts, sciences, or athletics.

To obtain a nonimmigrant visa, an appli cant generally must demonstrate that they

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continuously for five years (three years if married to a U.S. citizen), demonstrate good moral character, and pass English language and civics tests. 10 Naturalization confers rights that are unavailable to LPRs, such as the right to vote in federal elections, to serve on juries, and to obtain certain federal jobs. Attorneys unfamiliar with immigration law should note that the timing and eligibility for naturalization can involve nuanced issues, such as periods of absence from the United States, criminal history, and main tenance of permanent residence. LAWFUL PERMANENT RESIDENCE (“GREEN CARD”) GENERAL CONSIDERATIONS Lawful permanent residents, or green card holders, have the legal right to live and work in the United States and may travel abroad with fewer restrictions than temporary visa holders. They also have limited eligibility for certain public benefits. Nonetheless, LPRs

intend to return to their home country at the end of their authorized stay, often by showing strong family, economic, or pro fessional ties. 7 IMMIGRANT VISAS (PERMANENT STATUS) By contrast, immigrant visas are intended for foreign nationals who seek to reside per manently in the United States. Individuals admitted under immigrant visas become lawful permanent residents (“LPRs”) and receive the so called “green card,” which permits them to live and work in the United States indefinitely, subject to removal for certain violations of law. 8 In fiscal year 2023, more than 1 million individuals obtained lawful permanent res ident status across all categories, including family based, employment based, humani tarian, and other programs. 9 The pathways to obtaining a green card are varied, and as later sections of this article explain, most

categories are subject to annual numerical limits and eligibility criteria. U.S. CITIZENSHIP AND NATURALIZATION Citizenship is the highest and most secure immigration status in U.S. law. Individuals may acquire citizenship in several ways: • Birth in the United States (birthright citizenship under the Fourteenth Amendment); • Birth abroad to U.S. citizen parents under statutory provisions; • Adoption by U.S. citizens in certain circumstances; and • Naturalization after a period of permanent residence. Except for birthright citizenship, most paths to citizenship require first obtaining lawful permanent residence. To naturalize, an LPR typically must reside in the United States

if you have... VOLUNTEER FOR LEGAL AID IN YOUR AREA!

To volunteer, contact your local

Legal Aid: AppalReD Legal Aid ardfky.org Kentucky Legal Aid klaid.org Legal Aid of the Bluegrass lablaw.org Legal Aid Society yourlegalaid.org

Represent a survivor at a Domestic Violence Order hearing through our Domestic Violence Advocacy Program or represent a tenant in eviction court through our Volunteer Eviction Defense Program. one hour

two hours

Join us for one of our Life Planning Clinics, Divorce Clinics, or Expungement Clinics and help low-income clients prepare to file pro se.

no time

If you are not sure which to contact, use this link to find the one for your county: https://kybar.org/For-Public/Legal-Aid

five hours

We get it. You’re busy. If you don’t have time right now to volunteer, consider making a financial donation to support your local Legal Aid.

Provide extended representation to a client and see a case through from beginning to end.

Never practiced in one of our areas? We’ve got you covered! We train, mentor, and provide extended support to our volunteers. Regardless of your experience, you can help our clients. Additionally, all volunteers are covered by our malpractice insurance.

“One person can make a difference, and everyone should try.” – John F. Kennedy

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( e.g. , priority workers, professionals with advanced degrees, skilled workers) and country of origin can significantly affect the timing and availability of visas. HUMANITARIAN PROGRAMS Humanitarian immigration programs provide critical avenues of protection for individuals who cannot safely remain in, or return to, their home countries. Attor neys should be aware of these programs because clients may seek relief under them in contexts ranging from criminal defense to family law disputes. Though not comprehensive, some common forms of humanitarian relief include: REFUGEES AND ASYLEES Refugees and asylees are individuals who cannot return to their home countries due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, political opinion, or member ship in a particular social group. 12 Notably, generalized poverty and violence are not grounds for either status. Refugees and asylees apply for status on the same legal ground, but with an important procedural distinction between the two: • Refugees apply for protection from outside the United States, often through the United Nations High Commissioner for Refugees (UN HCR) or U.S. embassies abroad. • Asylees apply from within the United States or at a port of entry. The procedural distinction matters because refugees are typically resettled with govern ment support prior to arrival, while asylees must navigate domestic immigration courts or USCIS interviews. Both refugees and asylees may apply for lawful permanent residence after one year in the United States, assuming eligibility criteria are met. 13 Attorneys practicing criminal law should especially note that even minor criminal offenses can affect eligibility for asylum or subsequent adjustment of status. TEMPORARY PROTECTED STATUS (TPS) TPS is a temporary legal status granted to individuals from countries experiencing

armed conflict, environmental disaster, or other extraordinary conditions that prevent safe return. 14 TPS recipients may work legally in the United States and receive protection from removal, but TPS does not automatically confer permanent residence. It is subject to periodic redesignation by the Department of Homeland Security, and beneficiaries must re-register to maintain status. Attorneys may encounter TPS issues with clients facing criminal convictions or family law disputes involving custody. DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) DACA provides temporary relief from deportation and work authorization for individuals brought to the United States as children who meet specific age and resi dency criteria. 15 While DACA recipients do not gain lawful status or a path to citizen ship, their temporary authorization affects employment eligibility, driver’s licenses, and certain educational benefits. Legal practi tioners should recognize that DACA status can be terminated by policy changes or lit igation and may impact an individual’s risk exposure in criminal or civil matters. U AND T VISAS The U visa is designed for victims of cer tain crimes who assist law enforcement or prosecutors in investigating or prosecut ing the offense. 16 Similarly, the T visa offers protection to victims of human trafficking who cooperate with authorities. Both visa types provide temporary lawful presence with eligibility to apply for permanent resi dence after meeting statutory requirements. Attorneys representing immigrant crime victims, or defendants in cases where vic tims are noncitizens, may need to consider these protections in legal strategy. VAWA SELF-PETITIONS The Violence Against Women Act (VAWA) allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for status without the abuser’s knowledge or cooperation. 17 VAWA provides a critical legal safety net for victims of domestic violence and intersects with family law proceedings, child welfare cases, and criminal law matters. Attorneys should be aware that VAWA petitions can

remain subject to removal under certain cir cumstances, such as criminal convictions, extended absences, or fraud in the immi gration process. LPRs also cannot vote in federal elections and are generally barred from serving in federal government posi tions that require citizenship. PATHWAYS TO GREEN CARDS The most common ways in which individ uals become lawful permanent residents are through family-based and employ ment-based immigration. FAMILY BASED IMMIGRATION Family based immigration remains the most common path to permanent residence. The petitioner must be either a U.S. citizen or a lawful permanent resident. U.S. citizens may petition for spouses, parents, children, and siblings, with different categories and priority dates determining processing times. Lawful permanent residents may petition only for spouses and unmarried children. Given annual numerical limits and per country caps, waiting times for some cat egories may exceed 20 years. Financial sponsorship and admissibility requirements (including bars related to unlawful presence and criminal history) are additional consid erations in family based cases. A common misconception is that marriage to a U.S. citizen automatically guarantees permanent residence or citizenship. While marriage to a citizen does create eligibil ity for a family based immigrant petition, it remains subject to rigorous evidentiary requirements and processing. Financial sponsorship through an affidavit of support, verification of bona fides of the marriage, and clearance of any bars to admissibility are necessary components of the process. 11 EMPLOYMENT BASED IMMIGRATION Employment based immigration allows foreign nationals to obtain permanent residence based on employment skills and job offers. Employers must often secure a labor certification from the Department of Labor demonstrating that no qualified U.S. workers are available for the posi tion – a process that can take months or longer. The applicable employment category

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FORMS OF RELIEF AND DEFENSES Common defenses in removal proceedings include: • Asylum or withholding of removal for fear of persecution or torture. • Cancellation of removal for certain permanent residents or long-term non-permanent residents who meet statutory requirements. • Adjustment of status for those eligible for family- or employ ment-based visas. • Waivers of inadmissibility, includ ing those for unlawful presence or certain criminal convictions. Attorneys in other practice areas should recognize that criminal convictions, family matters, and prior immigration violations can influence removal eligibility. DETENTION VS. RELEASE Noncitizens in removal proceedings may be detained in immigration facilities or released on bond pending adjudication. Factors influencing detention include flight risk, criminal history, and national security concerns. Attorneys may need to advise cli ents or family members on bond hearings, bail applications, and custody consider ations during removal proceedings. REMOVALS TO THIRD COUNTRIES Recently, U.S. immigration authorities have increasingly engaged in removals to third countries, typically under coopera tive agreements with neighboring states. 25 Such removals may occur when the home country is unwilling or unable to accept the individual, or for expedited removal pro cesses. Third country removals are subject to both statutory and international legal constraints, raising complex questions for attorneys advising clients involved in removal proceedings. These constraints include non refoulement obligations under the U.N. Convention Against Torture and the 1951 Refugee Convention, which bar removal to a country where an individual would face torture or persecution, and require credible determinations about harm risk before removal. 26 Additionally, recent litigation and court rulings have highlighted

proceed concurrently with divorce, custody, or criminal proceedings without requiring disclosure to the abuser. SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) SIJS applies to certain undocumented chil dren in state custody who have suffered abuse, neglect, or abandonment. 18 It allows eligible children to petition for permanent residence based on findings from state juvenile courts. Attorneys involved in child advocacy, family law, or custody matters may encounter SIJS cases, and understand ing eligibility requirements is essential for protecting clients’ long-term immigration prospects. UNLAWFUL IMMIGRATION Unlawful immigration refers to the pres ence of foreign nationals in the United States without lawful authorization. This includes both individuals who entered without inspection at a port of entry and those who entered lawfully but overstayed their visas. Understanding the nuances of unlawful immigration is critical for attor neys because legal consequences, including removal, inadmissibility, and limitations on employment or benefits, can affect clients in a wide range of practice areas. Government data indicate that visa over stays account for a substantial portion of the unlawful population. A 2024 Congressio nal report indicates that overstays comprise approximately 42 percent of unlawful resi dents, or roughly 4.5 million individuals. 19 Individuals who entered without inspec tion constitute the remaining majority. These distinctions are significant because enforcement, eligibility for relief, and policy considerations differ depending on the method of entry. 20 Unlawful immigrants are diverse in terms of national origin, age, and length of res idence in the United States. Historically, Mexico has been the largest country of origin, though recent trends show growth in arrivals from Central America, Asia, and Africa. 21 The majority of unlawful immi grants have resided in the United States VISA OVERSTAYS VS. UNINSPECTED ENTRY

for several years, often establishing family, economic, and community ties that make removal both socially and legally complex. REMOVAL (DEPORTATION) PROCESS “Removal” is the formal statutory term for what is commonly referred to as “deporta tion.” Removal proceedings are conducted under the authority of the Immigration and Nationality Act (INA) and the Exec utive Office for Immigration Review (EOIR), a division of the Department of Justice. Understanding the removal pro cess is essential for attorneys, particularly in criminal, family, and civil practice, because certain legal outcomes can trigger or influ ence removal proceedings. INITIATION: NOTICE TO APPEAR Removal proceedings typically begin when an individual receives a Notice to Appear (NTA), which formally charges them with being removable under INA provisions. 22 NTAs outline the legal basis for removal and schedule a hearing before an immigra tion judge. Failure to appear can result in an in-absentia removal order, which carries long-term consequences including perma nent bars to reentry. IMMIGRATION COURT PROCEEDINGS Immigration court proceedings differ from criminal or civil courts: • There is no right to government-ap pointed counsel. Individuals must hire private attorneys if they wish to be represented. 23 • Hearings may involve multiple con tinuances, evidentiary submissions, and complex legal arguments re garding eligibility for relief. • Judges issue decisions on whether removal is warranted and whether any relief or protection is available. Studies show that individuals represented by counsel have significantly higher rates of successful relief compared to unrepre sented respondents. 24 This underscores the importance of timely referral to immigra tion specialists.

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Awareness of immigration law is essential not only for ethical and professional reasons but also for ensuring that legal services are competent, comprehensive, and responsive to the diverse needs of clients in a globalized society. While no non-immigration attor ney is expected to master every nuance of immigration law, a working understanding of immigration concepts and processes is critical. Such awareness empowers attor neys to safeguard their clients, navigate intersecting practice areas, and contribute meaningfully to cases where immigration issues arise.

due process concerns regarding notice and opportunity to contest third country removal decisions, prompting injunctions and ongoing legal challenges over proce dural safeguards. 27 PRACTICAL IMPLICATIONS FOR NON-IMMIGRATION ATTORNEYS Even attorneys who do not plan to practice immigration law will encounter immigra tion issues in many contexts. Recognizing these intersections allows attorneys to provide competent advice, identify risks, and make timely referrals to immigration specialists. Non-immigration attorneys should develop a network of competent immigration counsel for timely referrals. Even a basic understanding of immigration categories, status distinctions, and relief mechanisms allows attorneys to: • Identify cases with immigration implications early. • Advise clients of risks associated with legal actions. By integrating this knowledge into prac tice, attorneys reduce ethical risks, improve client outcomes, and maintain professional competence in an increasingly intercon nected legal environment. CONCLUSION Immigration law is a multifaceted and dynamic area of legal practice that touches nearly every field of law. Its complexity arises not only from the breadth of statu tory and regulatory provisions but also from the constantly changing policy landscape, evolving enforcement priorities, and diverse legal statuses of foreign nationals in the United States. Even if immigration matters are tangential to a practice area, attorneys equipped with this foundational knowledge are better prepared to: • Identify cases with immigration implications early. • Advise clients of risks associated with legal actions. • Coordinate with immigration specialists to protect clients’ legal rights. • Coordinate with immigration specialists to protect clients’ legal rights.

ABOUT THE AUTHOR GUION JOHN STONE grew up in Paducah and is currently an assistant clini cal professor at the University of Kentucky

J. David Rosenberg College of Law. A graduate of Transylvania University, Johnstone received a joint JD/MSSW from the University of Louisville. She was admitted to the Kentucky Bar in 2011.

ENDNOTES 1 Stephanie Kramer and Jeffrey S. Passel, Key Findings about U.S. Immigrants (Pew Research Center, 2025). 2 Congressional Research Service, Citizenship and Immigration Statuses of the U.S. Foreign Born Population (2024). 3 Jeffrey S. Passel and Jens Manuel Krogstad, U.S. Unauthorized Immigrant Population Reached a Record 14 Million in 2023 (Pew Research Center, 2025). 4 Passel and Krogstad, U.S. Unauthorized Immigrant Population . 5 “How Pew Research Center Estimates the Number of Unauthorized Immigrants,” Pew Research Center (2025). 6 Migration Policy Institute, Frequently Requested Statistics on Immigrants and Immigration in the United States (Washington, DC: MPI, 2025). 7 U.S. Department of State, Foreign Affairs Manual (9 FAM 401.1 3(E)): Residence Abroad Requirement for Nonimmigrant Visas (U.S. Department of State, 2025). 8 U.S. Department of Homeland Security, Lawful Permanent Resident (LPR) Annual Flow Report (Office of Homeland Security Statistics, 2024). 9 U.S. Department of Homeland Security, Lawful Permanent Residents Annual Flow Report: Fiscal Year 2023 (Office of Homeland Security Statistics, 2024). 10 Congressional Research Service, Citizenship and Immigration Statuses of the U.S. Foreign Born Population (2024). 11 Immigration and Nationality Act § 204; Department of Homeland Security regulations. 12 Immigration and Nationality Act § 101(a)(42); definitions of refugee and asylee. 13 U.S. Citizenship and Immigration Services, Refugees and Asylees: Adjustment to Permanent Residence (2025). 14 U.S. Department of Homeland Security, Temporary Protected Status: Overview and Current Designations (2025). 15 U.S. Citizenship and Immigration Services, Consideration of Deferred Action for Childhood Arrivals (2025). 16 INA § 101(a)(15)(U); U.S. Department of Homeland Security, U Visa for Victims of Certain Crimes . 17 INA § 204(a); U.S. Citizenship and Immigration Services, VAWA Self-Petition Guidance (2025). 18 INA § 101(a)(27)(J); U.S. Citizenship and Immigration Services, Special Immigrant Juvenile Status (2025). 19 Congressional Research Service, Nonimmigrant Overstays: Overview and Policy Issues , CRS Report R47848 (Washington, D.C.: Library of Congress, 2023). 20 Jens Manuel Krogstad and Jeffrey S. Passel, Visa Overstays Account for 42 Percent of Unauthorized Immi grants in 2014 (Pew Research Center, 2015). 21 Pew Research Center, Top Countries of Origin for Unauthorized Immigrants (2025). 22 INA § 239; Department of Homeland Security regulations. 23 American Immigration Council, The Role of Attorneys in Removal Proceedings (2023). 24 TRAC Immigration, Syracuse University, Representation Matters: Immigration Court Outcomes (2024). 25 Migration Policy Institute, Third-Country Removals and Expedited Removal Policies (2025). 26 American Immigration Council, What Are Third Country Removals? Understanding Their Use in U.S. Immigration Policy (Dec. 2025). 27 D.V.D. v. U.S. Department of Homeland Security , No. 25 10676 BEM (D. Mass. 2025).

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