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 The Trump-era rules are no longer in effect.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: 03/25/2022
The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence...
Date Published: 03/09/2022
A U visa is a type of immigration status for victims of certain crimes who have been helpful in the investigation or prosecution of that criminal activity. This one-page guide provides an overview on the U visa, what it provides, and who qualifies. To download a social media slide deck on this...
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: 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: 04/27/2022
Level: Intermediate In this webinar, we will discuss the latest trends in RFEs for U visa cases, including for initial U petitions, waivers, and adjustment. Using examples, we will talk through best practices in how to respond to RFEs, including tips on avoiding initial and subsequent RFEs and...
Date Published: 02/15/2022
Level: All On June 14, 2021, USCIS announced a new “bona fide determination” (BFD) process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication. This process can potentially...
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: 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: 11/03/2021
Level: Intermediate This webinar will cover the adjustment process for U petitioners and their family members, including derivatives as well as I-929 qualifying family members at the adjustment stage. Using examples, this webinar will discuss common issues that arise in U adjustment cases and...
Date Published: 12/03/2021
On June 14, 2021, USCIS announced a new “bona fide determination” process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication. This process could be very good for many of...
Date Published: 07/02/2021
T visas are a crucial but often underutilized form of relief for youth who have survived trafficking. This advisory gives an overview of special considerations practitioners should keep in mind when screening youth for T visa eligibility. It gives helpful tips that practitioners can use to ensure...
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: 06/24/2021
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: 06/24/2021
California has passed four bills in recent years concerning access to the U visa, an important form of immigration status. Although the federal government decides who receives a U visa, the state can increase access to the remedy by creating processes for noncitizens to obtain a U visa...
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: 05/19/2021
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: 03/19/2021
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: 01/08/2021
This resource is designed to help guide individuals gather the documents needed to file a Violence Against Women Act (VAWA) self-petition. The guide provides information for individuals as they begin to gather needed documentation and evidence for their filings. Note that the guide is not a...
Date Published: 06/15/2021
This advanced webinar will address adjudication trends in U visa cases and recent policy changes. Presenters Alison Kamhi, Supervising Attorney - ILRC Alison Kamhi is a Supervising Attorney based in San Francisco. Alison is a dedicated immigrant advocate who brings significant experience in...
Date Published: 06/01/2021
VAWA self-petitioners are eligible for special provisions to obtain lawful permanent residence (a green card) in the United States. Join us to learn about the fundamental VAWA adjustment of status eligibility requirements and process. Presenters Sally Kinoshita, Deputy Director - ILRC Sally...
Date Published: 05/18/2021
This webinar will explore ethical issues in representing U visa and VAWA family members by discussing situations where the interests of the derivatives may diverge from the principal, or where victims of the same crime or abuse may have conflicting interests. The panelists will help attendees spot...
Date Published: 12/22/2020
On December 22, 2020, the ILRC submitted comments in opposition to EOIR’s notice of proposed rulemaking regarding what constitutes “good cause” for a continuance in removal proceedings. The proposed changes severely restrict the circumstances in which respondents can obtain continuances in removal...
Date Published: 09/03/2021
Individuals applying for admission to the United States or adjustment of status are subject to the public charge ground of inadmissibility unless they fall into categories that are exempt from public charge or are not subject to this ground of inadmissibility. This advisory provides an overview of...
Date Published: 12/04/2020
The VAWA Manual: Immigration Relief for Abused Immigrants is a completely updated edition of our popular, comprehensive guide for advocates working with immigrant survivors of domestic violence. Consisting of 11 chapters, this manual includes in-depth information on the following critical...