Results
Date Published: 06/29/2022
Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a...
Date Published: 06/28/2022
Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory...
Date Published: 03/16/2022
Two immigration statuses that may overlap are Asylum and Temporary Protected Status (TPS) because they both help people who are afraid of returning to their home country. While these two are different in a few ways, it is useful to know what each option offers and that applying for both is allowed...
Date Published: 06/07/2022
Level: Intermediate This webinar will focus on asylum applicants’ eligibility for employment authorization. Since the summer of 2020, when the Department of Homeland Security issued new regulations restricting employment authorization eligibility for asylum seekers, this area of the law has been in...
Date Published: 05/10/2022
Level: Intermediate / Advanced This webinar is a training for practitioners already familiar with asylum law that discusses the latest developments concerning asylum claims for young people. Young people face unique forms of persecution as well as unique challenges to accessing the U.S. asylum...
Date Published: 12/17/2021
This practice advisory provides an overview of TPS and focuses on a framework for analysis for the firm resettlement bar to eligibility. It also discusses the impact of dual nationality on TPS applicants.
Date Published: 12/14/2021
This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief. See also ILRC, Immigration Relief Toolkit (2018).
Date Published: 10/19/2021
On October 19, 2021, the ILRC submitted comments raising concerns about USCIS’ proposed regulation changing the procedures for credible fear screenings and asylum. While the proposed regulation contains some provisions that would improve the current system, it also poses a significant risk to...
Date Published: 08/26/2021
Mortality from COVID-19 meant that many immigrant families grieved over lost family members, and simultaneously were faced with the loss of an immigration benefit that may have depended on the deceased relative. This practice advisory will explore the options that may remain for a surviving...
Date Published: 12/15/2021
Level: Intermediate This webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of the proposed legalization bills are enacted.
Date Published: 11/23/2021
Level: Intermediate This webinar, for practitioners already familiar with asylum law, will focus on establishing a particular social group and proving nexus in asylum claims. It will highlight recent developments and changes in particular social group analysis, including gang-based and gender-based...
Date Published: 10/26/2021
Level: Intermediate This webinar, for practitioners already familiar with asylum law, will focus on the latest developments in asylum practice. Though it has consistently been an evolving area of immigration law, in recent years asylum law has been the subject of rapid changes and unprecedented...
Date Published: 07/21/2021
The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021,...
Date Published: 07/07/2021
In July 2021, African Communities Together, the UndocuBlack Network, and the Immigrant Legal Resource Center submitted a memo to USCIS outlining the reasons that an expired Liberian passport should be considered primary evidence of nationality for LRIF eligibility.
Date Published: 06/24/2021
Children and youth compose a significant portion of the U.S. immigrant population and often qualify for various forms of immigration relief, many of which involve an application filing fee. Under the Trump administration, USCIS promulgated a final rule intended to dramatically raise fees for many...
Date Published: 05/19/2021
In April, the U.S. Citizenship and Immigration Services (USCIS) put out a request for public input regarding Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services. The ILRC has submitted these comments.
Date Published: 03/29/2021
The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021,...
Date Published: 03/26/2021
In the summer of 2020, the Department of Homeland Security (DHS) published two regulatory rules relating to eligibility for employment authorization documents (EADs) for individuals with pending asylum applications. Both rules went into effect in August 2020. This advisory provides a summary of the...
Date Published: 03/24/2021
On March 16, 2021, ILRC and seven other coalition members of the Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted recommendations to the Administration and USCIS leadership for equitable implementation of LRIF. The group requested a meeting with the government to discuss these...
Date Published: 03/19/2021
In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance. [i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a...
Date Published: 03/16/2021
The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through...
Date Published: 05/06/2021
This webinar is intended for practitioners already familiar with asylum law. It will discuss the current landscape of asylum law in the wake of the sustained attacks on the right to asylum over the last few years. It will also explore recent policy changes as a result of the new administration.
Date Published: 02/01/2021
The presenters will describe the current status of court injunctions impacting USCIS’s efforts to change the fee schedule and fee waiver standards in 2020. The webinar will review the current regulations that USCIS must apply on fee waivers and fees.
Date Published: 12/18/2020
Essentials of Asylum Law provides an overview of asylum law for advocates new to representing asylum clients, as well as for seasoned practitioners needing a thorough review of current standards. This edition addresses the whirlwind of new policies impacting the asylum process under the Trump...
Date Published: 12/11/2020
In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI...
Date Published: 10/20/2020
On June 30, 2020, the Third Country Asylum Rule, or asylum transit ban, was found unlawful and struck down nationwide in CAIR Coalition v. Trump . This advisory discusses the asylum transit ban, the CAIR Coalition decision, and possible strategies for people who have been denied under the ban to...
Date Published: 10/09/2020
USCIS attempted to drastically limit fee waiver availability and fee waiver standards through the 2020 fee rule. The agency also tried to limit fee waivers by changing the I-912 fee waiver form. For now, these attempted changes have been stopped by injunctions. Applicants can continue to apply for...
Date Published: 09/30/2020
On September 25, ILRC submitted comments in opposition to EOIR's proposed rule regarding court procedures. The proposed rule is an unlawful attempt to curb Immigration Judges’ authority, limit case review, and drastically restrict due process for immigrants. The rule undermines the appellate...
Date Published: 07/17/2020
A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique among immigration law resources because it provides a comprehensive detailed overview...
Date Published: 06/30/2020
A Notice to Appear (NTA), Form I-862, is a charging document that the Department of Homeland Security (DHS) issues and files with the immigration court to start removal proceedings under section 240 of the Immigration and Nationality Act (INA) against an individual, known in removal proceedings as...