U Visa/T Visa/VAWA

The ILRC commented on USCIS policy guidance regarding Safe Address and Special Procedures for Persons Protected by 8 USC 1367. ILRC commends USCIS for this guidance and provides suggestions for further strengthening the guidance.

This practice advisory covers what to do when inadmissibility factors are discovered or triggered outside the U petitioning process such as after applying for or receiving U nonimmigrant status, adjusting status through INA § 245(m), adjusting status under a different petition, or traveling outside the country.

On August 1, 2023, USCIS published long-awaited Policy Manual guidance on the definition and process for determining statelessness. ILRC commented favorably on most of the guidance and made suggestions for some improvements.

This practice advisory covers ways to gather information to determine whether your client might be inadmissible, how to address inadmissibility issues when applying for U nonimmigrant status, and how to file for an inadmissibility waiver for a U nonimmigrant applicant.

Immigration law demonizes people whom it labels as “drug abusers and addicts,” “habitual drunkards,” and “alcoholics.” The implication is that they are morally weak, dangerous, or evil. An immigrant who comes within such a category can be found inadmissible and ineligible to establish good moral character, and can be denied several forms of immigration relief as well as naturalization. But from a scientific perspective, these people suffer from a substance use disorder (SUD), a medical condition that frequently arises after the person has undergone severe trauma. Substance Use Disorder is a growing health crisis that currently affects over 20 million people in the United States.

This Advisory is written by immigration attorneys and medical doctors specializing in SUD, to examine the issue from both perspectives. Part I of the advisory discusses the several immigration law penalties based on substance use (even when use has not risen to a disorder) and suggests legal defense strategies. Part II of the advisory reviews current medical information about the disorders and discusses how this information can address questions that arise in immigration proceedings.