Resources
Publication Date
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, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.
Resources
Publication Date
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.
Resources
Publication Date
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 immigration application forms, including those available to young people, and would have limited access to fee waivers. The rule was blocked by federal courts, and after President Biden took office, the Department of Justice decided not to defend the rule, so it never took effect and for now immigration filing fees remain at the previously set amounts. This advisory reviews some of the main forms of immigration relief available to children and youth and the current fees for each, and summarizes the litigation and related efforts that ultimately defeated the Trump fee rule.
Resources
Publication Date
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.
Resources
Publication Date
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, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.
Resources
Publication Date
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 relative who has lost someone to COVID-19 where an immigration benefit was also involved. The three possible remedies are: Survivor benefits for widow(er)s of U.S. citizens (USCs) under INA § 201(b)(2)(A)(i); other benefits for certain surviving relatives under INA § 204(l); and humanitarian reinstatement of an approved I-130 petition.
Resources
Publication Date
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 asylum seekers’ right to a full, fair and consistent hearing of their claims.
Resources
Publication Date
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).
Resources
Publication Date
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.
Resources
Publication Date
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, so long as an applicant is eligible. This brief guide delves into the ways these two options might intersect and what to keep in mind as individuals consider each type of status.
Resources
Publication Date
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 discusses legal authority that an immigration practitioner can utilize to protect a client’s due process rights and ensure their client’s agency is respected and they have a meaningful opportunity to present their case.
Resources
Publication Date
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 daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decisions by Immigration Judges (IJs) and identifying issues to raise on appeal to the BIA. The goal is to equip practitioners with a framework to look for errors where the IJ has denied relief or otherwise ordered removal.
Resources
Publication Date
09/28/2022
This practice advisory outlines the requirements and process of enrolling in Temporary Protected Status (TPS) for the first time. It provides an overview of the basic requirements for TPS and identifies red flag issues that require careful analysis. It provides guidance on the TPS application process, including preparing a waiver of inadmissibility. It also offers practical guidance about when to file in immigration court and when an eligible individual may qualify for late initial registration.
Publication
This publication 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.
Webinar
This webinar will focus on establishing a social group and proving nexus in asylum claims. We will highlight hot topics in social group analysis, including recent decisions by the Attorney General and Board of Immigration Appeals, such as Matter of A-B- and Matter of L-E-A-. We will also focus on best practices for preparing and presenting claims in the Immigration Court and Asylum Office. This webinar presumes basic knowledge of asylum law, including understanding the key elements of an asylum claim.
Publication
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 of the law that can be used in everyday practice.
Webinar
Convictions and other criminal system contact jeopardize eligibility for asylum and withholding of removal. Recent regulations have expanded these criminal bars to these critical forms of protection from persecution. This webinar will discuss up-to-date case law on the "particularly serious crime" and other regulatory criminal bars to asylum and withholding, strategies for challenging criminal bars in immigration court, and pursuing protection under the Convention Against Torture ("CAT") for clients who are not eligible for asylum or withholding due to convictions or other criminal bars.
Publication
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 administration while highlighting active legal challenges to these attempts to limit the asylum process.
Webinar
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.
Webinar
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.
Webinar
Level: IntermediateThis 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.
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.
Resources
Publication Date
01/05/2023
Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory and rulemaking process as well as the authorities that govern this process as well as a guide to commenting on proposed rules and practical tips for navigating the resources available to the public.
Webinar
Level: Beginner / Intermediate
This webinar will cover withholding of removal and protection under the Convention Against Torture (CAT). It will discuss the differences between asylum, statutory and CAT withholding of removal, and CAT deferral of removal and review the current case law and recent developments. It will also provide tips to help argue for withholding or CAT as an alternative in an asylum case as well as prepare standalone withholding or CAT claim for clients who are asylum-barred or otherwise ineligible.
Presenters
Andrew Craycroft
Andrew joined the ILRC in May 2019 as a Staff Attorney focusing on immigrant youth issues. Prior to joining the ILRC, he worked at Staten Island Legal Services representing clients in a variety of affirmative and defensive immigration matters. Previously, Andrew worked at the Unaccompanied Minors Program of Catholic Charities Community Services in New York, representing detained and released unaccompanied minors in removal defense.
Andrew received his J.D. from the Georgetown University Law Center, where he participated in the Center for Applied Legal Studies Clinic. Andrew earned his B.A. from the University of California at Berkeley, where he majored in Political Economy of Industrial Societies. Andrew is admitted to the bar in New Jersey and New York. He is fluent in French and Spanish with some knowledge of Italian, Portuguese, and Arabic.
Priscilla Olivarez
Priscilla Olivarez is a Policy Attorney and Strategist based in San Antonio, Texas. In her role with the ILRC, Priscilla works alongside other Texas advocates to develop and promote local and state policies that protect the dignity of immigrant communities. Prior to joining the ILRC, Priscilla was a Managing Attorney at American Gateways (AG), a nonprofit organization that provides direct legal services in immigration matters. While at AG, Priscilla focused her efforts on representing and assisting individuals who were in immigration detention. She helped manage the organization's Legal Orientation Program, providing assistance to unrepresented individuals in immigration detention, as well as its National Qualified Representative Program (NQRP), which provides legal representation to individuals deemed mentally incompetent in immigration proceedings. Priscilla also provided direct representation to individuals in detention, with a focus on advocacy for individuals with mental disabilities or other heightened vulnerabilities. Priscilla has represented clients before the Immigration Court, the Board of Immigration Appeals, and the U.S. Court of Appeals for the Fifth Circuit.
Priscilla's other advocacy experience includes working abroad, providing legal support to survivors of human trafficking in the Philippines. Priscilla has also advocated on behalf of survivors of domestic violence and volunteered near the Texas-Mexico border representing unaccompanied minors in immigration proceedings. Outside of her immigration work, Priscilla has advocated for fair housing for vulnerable populations, and worked to coordinate a national research study that examined racial discrimination in the housing market.
Priscilla is a graduate of Texas Tech University School of Law and is licensed to practice law in Massachusetts, Texas, and before the U.S. Court of Appeals for the Fifth Circuit.
This webinar will cover withholding of removal and protection under the Convention Against Torture (CAT). It will discuss the differences between asylum, statutory and CAT withholding of removal, and CAT deferral of removal and review the current case law and recent developments. It will also provide tips to help argue for withholding or CAT as an alternative in an asylum case as well as prepare standalone withholding or CAT claim for clients who are asylum-barred or otherwise ineligible.
Presenters
Andrew Craycroft
Andrew joined the ILRC in May 2019 as a Staff Attorney focusing on immigrant youth issues. Prior to joining the ILRC, he worked at Staten Island Legal Services representing clients in a variety of affirmative and defensive immigration matters. Previously, Andrew worked at the Unaccompanied Minors Program of Catholic Charities Community Services in New York, representing detained and released unaccompanied minors in removal defense.
Andrew received his J.D. from the Georgetown University Law Center, where he participated in the Center for Applied Legal Studies Clinic. Andrew earned his B.A. from the University of California at Berkeley, where he majored in Political Economy of Industrial Societies. Andrew is admitted to the bar in New Jersey and New York. He is fluent in French and Spanish with some knowledge of Italian, Portuguese, and Arabic.
Priscilla Olivarez
Priscilla Olivarez is a Policy Attorney and Strategist based in San Antonio, Texas. In her role with the ILRC, Priscilla works alongside other Texas advocates to develop and promote local and state policies that protect the dignity of immigrant communities. Prior to joining the ILRC, Priscilla was a Managing Attorney at American Gateways (AG), a nonprofit organization that provides direct legal services in immigration matters. While at AG, Priscilla focused her efforts on representing and assisting individuals who were in immigration detention. She helped manage the organization's Legal Orientation Program, providing assistance to unrepresented individuals in immigration detention, as well as its National Qualified Representative Program (NQRP), which provides legal representation to individuals deemed mentally incompetent in immigration proceedings. Priscilla also provided direct representation to individuals in detention, with a focus on advocacy for individuals with mental disabilities or other heightened vulnerabilities. Priscilla has represented clients before the Immigration Court, the Board of Immigration Appeals, and the U.S. Court of Appeals for the Fifth Circuit.
Priscilla's other advocacy experience includes working abroad, providing legal support to survivors of human trafficking in the Philippines. Priscilla has also advocated on behalf of survivors of domestic violence and volunteered near the Texas-Mexico border representing unaccompanied minors in immigration proceedings. Outside of her immigration work, Priscilla has advocated for fair housing for vulnerable populations, and worked to coordinate a national research study that examined racial discrimination in the housing market.
Priscilla is a graduate of Texas Tech University School of Law and is licensed to practice law in Massachusetts, Texas, and before the U.S. Court of Appeals for the Fifth Circuit.
Webinar
In this webinar, we will discuss how asylum seekers, including recent entrants, can seek release from immigration custody via bond and parole. We will review eligibility for bond and parole for arriving aliens, and the implications of Matter of M-S-, 27 I&N 509 (AG 2019) on asylum seekers. We will also discuss who may seek bond before the immigration judge and strategies for the bond hearing. This webinar will leave advocates armed with tips and best practices when representing asylum seekers requesting release from detention.