Results
Date Published: 09/13/2022
EOIR recently published proposed changes to the forms used to apply for DOJ recognition and accreditation. ILRC submitted comments objecting to the changes, which add new and burdensome requirements for applicants. The information requested and the new documentary requirements exceed the...
Date Published: 09/07/2022
ILRC commended USCIS on its recent extension of COVID flexibility policies through October 23, 2022. In addition, we suggested some new COVID-related policies to ameliorate the impact of the pandemic, including longer extensions of time to respond to notices and decisions, adoption of a mailbox...
Date Published: 08/29/2022
ILRC commends USCIS on the recent USCIS Policy Manual additions clarifying guidance on the unlawful presence bars. We further thank USCIS for rescinding Matter of Z-R-Z-C and updating its interpretation on the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries. These...
Date Published: 08/22/2022
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...
Date Published: 11/16/2022
Level: Beginner This webinar will provide an overview of conditional permanent residence, which applies to individuals who immigrate through a marriage that is not yet two years old. Conditional residents must file an additional application, Form I-751, in order to obtain full term lawful permanent...
Date Published: 10/20/2022
Level: All This webinar will provide an overview of the three- and ten-year unlawful presence bars under INA § 212(a)(9)(B). We will also review available waivers for unlawful presence, including the differences between the I-601 and I-601A waivers and the process and requirements for each. We will...
Date Published: 06/22/2022
This advisory describes the various ways that persons with disabilities can navigate the naturalization process, including requesting accommodations, seeking an N-648 disability waiver of the English/civics requirement, and applying for an oath waiver. The advisory describes recent changes to the...
Date Published: 06/21/2022
The ILRC wrote to USCIS advocating for changes in the USCIS Policy Manual on requirements for naturalization oath waivers and accommodations. USCIS’s Policy Manual guidance unnecessarily restricts oath waivers to person who have certain U.S. citizen relatives or a court-ordered legal guardian or...
Date Published: 05/04/2022
During the Trump administration, the public charge ground of inadmissibility received much attention. The Trump administration implemented new rules on public charge that increased scrutiny of applicants for green cards. The Trump-era rules are no longer in effect. This advisory, updated in May...
Date Published: 04/14/2022
The ILRC submitted these recommended priorities to USCIS for improvements to the USCIS Policy Manual. This letter follows our list of USCIS Policy Manual recommendations provided to USCIS on September 2, 2021 (available here: https://www.ilrc.org/sites/default/files/resources/...
Date Published: 02/11/2022
This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection...
Date Published: 06/22/2022
Level: Beginner This introductory webinar will go step-by-step through the basics of preparing and filing a family-based immigrant visa consular processing case, starting with the National Visa Center, to the interview at the U.S. consulate abroad and the immigrant’s U.S. entry with their approved...
Date Published: 05/03/2022
Level: Beginner This webinar is for legal service providers who are new to the area of family-based immigration and will focus on the basics of the family visa petition. We will cover which relatives can qualify for family-based immigration and how they fit and move around the preference categories...
Date Published: 01/19/2022
This practice advisory discusses the changes to eligibility for derivative T nonimmigrant status for after-acquired spouses in the wake of the ruling in Medina Tovar v. Zuchowski .
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: 10/14/2021
The ILRC submitted comments to the U.S. Department of State (DOS) on October 14, 2021. DOS had solicited public input on recommendations for changes needed at the agency in a federal register notice on September 16, 2021.
Date Published: 09/29/2021
The Central American Minors program allows qualifying children in El Salvador, Guatemala, and Honduras to enter the United States and live here lawfully if they have a parent or legal guardian in the United States with certain kinds of immigration status. This fact sheet provides information on...
Date Published: 09/08/2021
On August 18, USCIS provided information on the new bona fide determination process for U visa petitioners and their family members on a webinar hosted by ASISTA and ILRC. These notes include information shared during this event, including additional analysis. These notes are not vetted nor...
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: 12/07/2021
Level: Intermediate This webinar will cover the requirements for obtaining non-LPR cancellation of removal, focusing on how to meet the exceptional and extremely unusual hardship standard. Using examples, this webinar will discuss common types of hardship presented in non-LPR cancellation cases and...
Date Published: 11/11/2021
Level: Intermediate This webinar will explore some of the most common non-crime grounds of inadmissibility. We will review when inadmissibility matters, common pitfalls and the legal elements of important inadmissibility grounds, such as willful misrepresentation, false claims to citizenship,...
Date Published: 11/10/2021
Level: Intermediate Death of a family member is doubly tragic for a noncitizen whose future immigration status depends on that family member. This webinar will describe three possible ways that the noncitizen can try to continue or begin that benefit application despite the death of the relative...
Date Published: 09/22/2021
Level: Intemediate For practitioners already familiar with the basics of family-based immigration, this webinar will focus on the adjustment of status process for individuals pursuing permanent resident status through a family member here in the United States, including various pathways to...
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: 07/08/2021
In June 2021, the U.S. Supreme Court issued a decision in Sanchez v. Mayorkas that addressed a circuit split regarding whether a grant of TPS was an “admission” such that it allowed an applicant for permanent residence to meet the threshold “inspected and admitted or paroled” requirement to adjust...
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: 06/25/2021
For many family members, being a derivative on a U petition may be the only way they will be able to get legal status in the United States. Because of this, it is important to understand when a derivative can be included on a petition and USCIS’s current interpretation of age-out protections. ICWC...
Date Published: 06/28/2021
Families & Immigration: A Practical Guide is an essential tool for practitioners who assist in all aspects of family-sponsored immigration. This resource is designed for everyday practice by new and seasoned immigration attorneys, immigration paralegals, community-based organizations, and...
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...