Results
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 The Trump-era rules are no longer in effect.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: 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...
Date Published: 06/21/2021
In 1994, Congress established an exception to the English and civics testing requirements for applicants with disabilities, creating access to citizenship for people who previously had none. Subsequent administrative guidance restricted eligibility for the waiver. On June 21, 2021 ILRC joined with...
Date Published: 06/18/2021
On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client’s immigration case. They include: A...
Date Published: 06/11/2021
The Ninth Circuit’s decision in Medina Tovar expanded eligibility for U derivative status for certain after-acquired spouses of U visa petitioners. ASISTA, CLINIC & ILRC’s new Practice Alert includes the latest information on how and when to file an I-918A for a derivative spouse where the...
Date Published: 07/29/2021
The Violence Against Women Act (VAWA) allows certain noncitizens (regardless of gender) abused by a family member to seek immigration relief by "self-petitioning" based on the abusive relative's immigration status, without having to involve that abusive family member in the immigration process, and...
Date Published: 06/09/2021
Most H-4 spouses of H-1B nonimmigrants are ineligible for employment authorization and thus are financially dependent on the principal visa holder spouse. This dependence can be used as a tool for abuse and control in relationships and exacerbate domestic violence situations. INA § 106 allows...
Date Published: 05/21/2021
The majority of states have legalized some use of marijuana, but marijuana remains a federal Schedule I controlled substance. Therefore, any conduct involving marijuana can be very dangerous for immigrants – including conduct that is permitted under state law. Admitting that one has “legally” used...
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: 05/12/2021
The Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted these comments in connection with the U.S. Citizenship and Immigration Services’ (USCIS) Request for Public Input published in the Federal Register on April 19, 2021. The Strategy Group is a focused coalition of local, state...
Date Published: 05/05/2021
Los recientes anuncios sobre las propuesta sobre la reforma migratoria en el Congreso han dejado a muchos miembros de la comunidad con preguntas, y aunque ninguno de estos proyectos de ley son ley, muchos se preguntan cómo pueden prepararse para un caso de inmigración en el futuro. Este recurso...