IMMIGRANT LEGAL RESOURCE CENTER

Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abuser, and abused adult sons and daughters are eligible for cancellation without age or marital limitations. This practice advisory introduces and provides an in depth review of each eligibility requirement for VAWA cancellation, discusses the applicable evidentiary standard, and considers procedural issues and strategies useful in immigration court as well as issues arising after an immigration judge issues a decision. Included in this practice advisory is an appendix with a side-by-side comparison of three forms of immigration relief often available to survivors in removal proceedings: VAWA cancellation, VAWA self-petitioning and adjustment of status, and non-LPR cancellation.

This downloadable community explainer provides an overview of the current state of DACA, where the program stands in current federal litigation, and what beneficiaries should be considering as we wait for a court decision on the program’s uncertain future.

California immigrants who file taxes may now receive cash from the California Earned Income Tax Credit (CalEITC). As the negative effects of COVID-19 continue impacting immigrant families, many are in need of support. Filing taxes may mean cash benefits for qualifying families. This guide provides a brief summary of what CalEITC is and who can benefit from it.

This explainer provides an overview of the process of flying on advance parole and returning to the US through a port of entry. For those who have already been granted permission to travel on advance parole, the return process can be intimidating and unsettling. We’ve outlined ways to prepare and tips to make that process as smooth as possible.

On March 22, 2023, the ILRC sent a letter to USCIS acknowledging the implementation of biometrics flexibilities for domestic benefits applicants who live in remote areas. The ILRC commended the agency on its provision of flexibilities to ensure that all domestic applicants could continue with their benefits applications regardless of physical location in the United States. The ILRC further urged USCIS to expand these flexibilities to applicants abroad and highlighted the negative effects that consulate closures abroad have had on U and T visa applicants attempting to complete their biometrics abroad.

Immigration and crimes, or “crim-imm,” can be challenging.  Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.
 
This advisory provides a step-by-step approach to help advocates analyze a case and identify goals. It can be used by criminal defense counsel, immigration advocates, and post-conviction relief counsel. It is not a substitute for consulting with a crim/imm expert, but using it should increase your expertise and help you to better discuss the analysis with the client, argue it to the judge or official, or negotiate with the other side.