Webinar
Level: IntermediateThis webinar will examine the different ways that absences from the United States can affect naturalization eligibility. Using examples, the presenters will walk through the continuous residence and physical presence requirements as well as discuss the risk of abandonment.
Webinar
Level: AllThis webinar will provide an overview of the regulatory process including finding and commenting on regulations and best practices for crafting comments. Our guest speaker is a former government attorney and expert in regulatory matters who will be providing more in-depth information to the regulatory process and comments practice. We will also highlight immigration regulations that are or are anticipated to be open for comment in the coming months.PresentersPeggy Gleason, Senior Staff Attorney - ILRC
Webinar
Level: Intermediate / AdvancedThis webinar is targeted to intermediate and advanced VAWA practitioners. We will cover changes in the USCIS policy manual and practice this year which are related to VAWA self-petitioners, including clarifications of old policies as well as new USCIS interpretations. Updates discussed will include those related to abused spouses and stepchildren, good moral character, pending family adjustment applications, and clarification of evidentiary requirements.Presenters
Webinar
Level: AllThis webinar will discuss the I-929 process for U visa principals to include qualifying family members when they adjust status. The presenters will cover eligibility requirements, current trends, and practice tips.PresentersAlison KamhiAlison Kamhi is the Legal Program Director based in San Francisco. Alison is a dedicated immigrant advocate who brings significant experience in immigration law to the ILRC. Alison leads the ILRC's Immigrant Survivors Team and conducts frequent in-person and webinar trainings on naturalization and citizenship, family-based immigration, U visas, and FOIA requests. She also provides technical assistance through the ILRC’s Attorney of the Day program on a wide range of immigration issues, including immigration options for youth, consequences of criminal convictions for immigration purposes, removal defense strategy, and eligibility for immigration relief, including family-based immigration, U visas, VAWA, DACA, cancellation of removal, asylum, and naturalization.
Webinar
Level: IntermediateThis webinar is geared toward those who have some bond experience and would like to take a deeper dive into the law. In this webinar, we will focus on emerging topics following developments in prolonged detention caselaw. We will cover strategies for securing a bond hearing when eligibility is not apparent at first glance, including when individuals have been detained for a prolonged period and a habeas corpus petition in federal court may be necessary. We will provide a nuts-and-bolts overview of filing a habeas petition and discuss strategy considerations. This webinar will focus on caselaw specific to the Ninth Circuit.PresentersJehan Laner, Staff Attorney - ILRC
Webinar
Level: Intermediate / AdvancedThis webinar is intended for practitioners already familiar with asylum law and will focus on the most recent developments in asylum practice. The current landscape of asylum law has been complicated by ongoing litigation, including over prosecutorial discretion authority, the Title 42 executive order, and the Remain in Mexico policy. This year, the government promulgated and has begun implementing its interim final rule on “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers,” or the Asylum Officer Rule. Anticipated regulations concerning asylum claims based on domestic violence and gang violence, as well as regulations on particular social group have still not yet been issued. This webinar will discuss these recent developments as well as others and give an overview of the current state of asylum law.Presenters
Publication
A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, immigration law firms employing paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique among immigration law manuals because it provides a comprehensive detailed overview of the law that is both practical and easy to use. More than a compilation of immigration law topic articles, it’s a how-to manual containing clearly worded explanations of each subject and includes sample applications, charts, and examples to illustrate the concepts. This invaluable resource also provides practical advice on working with your clients to elicit the information you need to assist them efficiently and accurately.
Video
This webinar will provide an introduction to the immigration options for Ukrainians, including Uniting for Ukraine, TPS, and asylum. The speakers will also provide policy updates as well as practice tips.
Webinar
The Biden administration announced a new public charge rule on September 9, 2022, set to go into effect at the end of this year. Join us to learn more about what the new rule says and the main takeaways for advising clients. We will compare the new rule to existing guidance, highlight differences, and discuss advising clients and their families on the use of public benefits. This FREE webinar is specifically geared towards legal practitioners.
Webinar
In this webinar geared toward community members, the Immigrant Legal Resource Center and Immigrants Rising will provide an update on Deferred Action for Childhood Arrivals (DACA), including a breakdown and changes to the policy through the new rule that is effective October 31, 2022. We will also discuss what current litigation means for the policy’s future with a focus on how persons can prepare and how they can earn a living without DACA.
Webinar
This webinar, geared toward practitioners and advocates, will focus on the recent changes to DACA, including a breakdown on the impact the rule and litigation has had to the access of DACA, an in-depth look at advance parole for DACA recipients, and updates on advocacy efforts, and how to create long term strategies for DACA recipients.
Presenters
Veronica Garcia
Veronica joined the ILRC in December 2017 as a San Joaquin Valley Law Fellow. Prior to joining ILRC, Veronica completed an Equal Justice Works Fellowship at Centro Legal de La Raza as an DACA/DAPA Emerson Fellow. Veronica is a graduate of Howard University School of Law. During Law school, Veronica interned at various immigrant right organizations, including Kids in Need of Defense and New York Legal Aid. Additionally, Veronica was recognized by the Hispanic Bar Association of Washington D.C. (HBA-DC) for her commitment to the advancement of the Hispanic community by being awarded the inaugural HBA-DC Foundation Scholarship.
As an immigrant who grew up in Oakland California, Veronica strives to use her legal education and experience working directly with immigrant communities.
Krsna Avila
Krsna is based in San Francisco, California, and focuses on immigration enforcement issues, including state and local law enforcement’s cooperation with federal immigration agencies in unlawfully deporting immigrants, and Deferred Action for Childhood Arrivals advocacy.
Krsna joins the ILRC with a wealth of personal and professional immigration experience. Having immigrated to the United States with his parents when he was only four months old, Krsna grew up as an undocumented immigrant. Prior to law school, Krsna worked closely with the ILRC to establish a legal services program at Educators for Fair Consideration. As their Legal Services Manager, Krsna provided legal support to undocumented youth throughout the country.
Directly feeling the effects of our unjust immigration system, Krsna quickly became interested in attending law school in order to understand the legal system from a different lens.
While in law school, Krsna worked at the United Nations High Commissioner for Refugees in Washington D.C. and the American Civil Liberties Union of Northern California where he supported litigation regarding free speech and racial discrimination issues. He also participated in the Asylum and Convention Against Torture Appellate Clinic, where he helped represent a client before the Board of Immigration Appeals. Krsna also volunteered with the European Council on Refugees and was an editorial member for the Cornell Legal Information Institute U.S. Supreme Court Bulletin.
Krsna earned his undergraduate degree from the University of California, Davis, and his law degree from Cornell Law School where he received the 2017 Freeman Award for Civil-Human Rights for his commitment to civil rights and public service.
Presenters
Veronica Garcia
Veronica joined the ILRC in December 2017 as a San Joaquin Valley Law Fellow. Prior to joining ILRC, Veronica completed an Equal Justice Works Fellowship at Centro Legal de La Raza as an DACA/DAPA Emerson Fellow. Veronica is a graduate of Howard University School of Law. During Law school, Veronica interned at various immigrant right organizations, including Kids in Need of Defense and New York Legal Aid. Additionally, Veronica was recognized by the Hispanic Bar Association of Washington D.C. (HBA-DC) for her commitment to the advancement of the Hispanic community by being awarded the inaugural HBA-DC Foundation Scholarship.
As an immigrant who grew up in Oakland California, Veronica strives to use her legal education and experience working directly with immigrant communities.
Krsna Avila
Krsna is based in San Francisco, California, and focuses on immigration enforcement issues, including state and local law enforcement’s cooperation with federal immigration agencies in unlawfully deporting immigrants, and Deferred Action for Childhood Arrivals advocacy.
Krsna joins the ILRC with a wealth of personal and professional immigration experience. Having immigrated to the United States with his parents when he was only four months old, Krsna grew up as an undocumented immigrant. Prior to law school, Krsna worked closely with the ILRC to establish a legal services program at Educators for Fair Consideration. As their Legal Services Manager, Krsna provided legal support to undocumented youth throughout the country.
Directly feeling the effects of our unjust immigration system, Krsna quickly became interested in attending law school in order to understand the legal system from a different lens.
While in law school, Krsna worked at the United Nations High Commissioner for Refugees in Washington D.C. and the American Civil Liberties Union of Northern California where he supported litigation regarding free speech and racial discrimination issues. He also participated in the Asylum and Convention Against Torture Appellate Clinic, where he helped represent a client before the Board of Immigration Appeals. Krsna also volunteered with the European Council on Refugees and was an editorial member for the Cornell Legal Information Institute U.S. Supreme Court Bulletin.
Krsna earned his undergraduate degree from the University of California, Davis, and his law degree from Cornell Law School where he received the 2017 Freeman Award for Civil-Human Rights for his commitment to civil rights and public service.
Resources
Publication Date
10/26/2022
Publication
The Immigrant Legal Resource Center created the first comprehensive manual about parole in immigration law in 2016 to provide practitioners with a one-stop guide to the legal requirements of all the different types of parole, practice pointers about when and how to file for parole, and discussions of the evolving issues in parole policy. Parole in Immigration Law thoroughly addresses the three main types of parole: advance parole, humanitarian parole, and parole-in-place. The appendices include numerous sample parole applications and cover letters; USCIS, ICE, and CBP memoranda on parole issues; a sample RFE; an advance parole cover letter template; travel checklist; and many other essential tools for both private attorneys and nonprofit practitioners exploring parole as an option for their clients.
Resources
In ILRC’s A Platform for Immigrant Justice: Executive Action the Biden Administration Must Enact we outline bold, urgent and necessary policy solutions the Biden administration must enact to ensure immigration benefits are more equitable and accessible and that the work of dismantling the oppressive systems of enforcement, detention and surveillance begins.
Resources
Drug offenses cause the harshest, most disproportionate immigration penalties of any offense. Criminal defenders and immigration advocates need information to work aggressively to defend immigrant clients. This advisory provides strategies to avoid a drug conviction, including how and when to use Penal Code § 372.5 (2023), along with practice tips, resources, and arguments to support negotiating for an immigration neutral plea or disposition in criminal court.
Resources
Publication Date
11/02/2022
Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to commit the offense, or in other cases mitigation of sentence. This advisory describes the new criminal laws and their immigration effect, so that criminal defenders and immigration and survivor advocates are aware of these options.
Resources
Publication Date
11/03/2022
This alert describes recent changes to the naturalization disability waiver. On October 19, 2022, USCIS announced major revisions to the Form N-648, which is used by naturalization applicants who seek a waiver of the English and/or civics requirement based on a disability or impairment that causes the applicant to be unable to learn or demonstrate knowledge of English and/or civics. USCIS also published major changes to the accompanying USCIS Policy Manual guidance.
Resources
Publication Date
11/18/2022
Resources
Publication Date
11/22/2022
On October 19, 2022, USCIS published major revisions to their Policy Manual on the English and/or Civics disability waiver for naturalization applicants. Overall, these changes were a welcome improvement in access to the disability waiver. However, we opposed the sections in the revised Policy Manual and N-648 that add a question about understanding the oath of allegiance. The oath waiver and the English/civics disability waiver derive from separate sections of the law and have different eligibility standards.
Resources
Publication Date
11/22/2022
On October 19, 2022, USCIS published major revisions to their Policy Manual on the English and/or Civics disability waiver for naturalization applicants. Overall, these changes were a welcome improvement in access to the disability waiver. However, we opposed the sections in the revised Policy Manual and N-648 that add a question about understanding the oath of allegiance.
Resources
Publication Date
11/29/2022
his fact sheet describes new Cal. Penal Code 372.5 (AB 2195). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” (Penal Code § 370). Section 372.5 provides that in this circumstance, the public nuisance offense is punishable as an infraction, a misdemeanor, or a “wobbler” offense, depending on the offense level of the drug charge that was dropped. The defense must decide to ask, and the prosecution must agree, to go forward with Penal Code 370/372.5.
Resources
This practice advisory reviews the updates and changes made by USCIS in 2022 to VAWA policy and process related to self-petitioners, and includes related practice tips.
Resources
Publication Date
12/13/2022
This advisory contains general information shared by USCIS staff during the September 2022 stakeholder event. It contains notes compiled by the American Immigration Lawyers Association (AILA) VAWA, U, and T National Committee and reflects USCIS responses to questions posed by the committee and partners.
Resources
Publication Date
12/15/2022
The Violence Against Women Act (VAWA) has created opportunities for individuals to get protection from deportation, among other benefits, if they have suffered abuse from a spouse or certain family members. This brief overview walks through the immigration eligibility and benefits involved with VAWA.
Resources
Publication Date
12/15/2022
Temporary Protected Status (TPS) is available to individuals from certain countries designated by the Department of Homeland Security (DHS) who cannot return to their home countries due to natural disaster, armed conflict, or other conditions that make it unsafe. This overview guide shares key insights about TPS eligibility, benefits, and more.
Resources
Publication Date
12/15/2022
In September 2022, California Governor Gavin Newsom signed AB 1766 – CA IDs For All – which expands standard CA ID eligibility to all Californians, regardless of immigration status. In this downloadable guide, we walk through this new law’s implications, the opportunities for immigrants living in California, how this differs from AB 60 and the REAL ID, and more.
Resources
Publication Date
12/19/2022
In this issue: Fighting against Operation Lone Star, New Americans Campaign Update, and highlights from the 2022 Burton Awards and more!