Resources
Publication Date
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 that they fully assess a child’s eligibility while minimizing retraumatization.
Resources
Publication Date
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 the 270,000 folks who have filed for a U visa and are waiting – but there are many folks left out, and of course, much of this depends on how the process is implemented. ILRC and ASISTA wrote this advisory to provide updated information on the new process and discuss eligibility, decisions and renewals, and other issues.
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
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 endorsed by USCIS, but prepared by ASISTA and ILRC.
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
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.
Resources
Publication Date
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 Act (CSPA), and adjustment of status under § 245(i) of the Immigration and Nationality Act (INA). A brief discussion and summary of the utilization of cross-chargeability of priority dates is also included.
Resources
Publication Date
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.
Resources
Publication Date
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 stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.
Resources
Publication Date
05/04/2022
This advisory provides practitioners with current information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
Resources
Publication Date
06/06/2022
On February 10, 2022, USCIS released several VAWA Self-Petition policy changes. The changes include the nationwide implementation of two circuit court decisions and changes in USCIS’s interpretation of the joint residence requirement for VAWA Self-Petitioners. This practice advisory contains short summaries of USCIS’s VAWA Self-Petition policy changes.
Resources
Publication Date
06/08/2022
This advisory lays out some of the main “pros” and “cons” to applying for U nonimmigrant status for crime victims as they exist now, to help prospective applicants weigh the benefits and risks of applying. “Pros” include direct benefits of temporary lawful status, employment authorization, protection from removal, a pathway to a green card that is not barred by almost any grounds of inadmissibility, and the ability to help family members obtain immigration status. Additional “pros” include special confidentiality provisions, eligibility for public benefits, eligibility for the Central American Minors program, and special consideration by ICE, among other collateral benefits. “Cons” include very long processing times and vulnerability to divergent discretionary decisions during fluctuations in enforcement priorities and other policies in the many years it takes to get a decision.
Resources
Publication Date
06/23/2022
This advisory provides an overview of ICE’s new “victim-centered” approach to immigration enforcement based on an August 2021 directive, including who qualifies as a victim and which ICE actions are covered. As part of this new approach, ICE officers and agents are instructed to look out for and in various circumstances exercise prosecutorial discretion in favor of noncitizen survivors of crime as part of their decisions to arrest, detain, release, and refer noncitizens.
Resources
Publication Date
09/13/2022
Because survivors of domestic violence, sexual assault, and other crimes are among the most vulnerable populations in the immigration legal system, numerous laws and policies have been enacted to protect the confidentiality of their information and restrict the disclosure of that information. One source of important protections is codified at 8 U.S.C. § 1367 (Section 1367), which restricts identification of survivors with humanitarian relief claims and disclosure of their information.[1] This practice advisory discusses the ways in which federal law has been designed and implemented to protect information concerning abused immigrants, the policy laid out by U.S. Department of Homeland Security (DHS) agencies, and what advocates can do when the protection provisions are violated.
Publication
The VAWA Manual: Immigration Relief for Abused Immigrants is a completely revised edition of our popular, comprehensive guide for advocates working with immigrant survivors of domestic violence.
Publication
This handbook contains lessons learned and promising practice tips in the context of a team-based approach to serving human trafficking survivors. It is based on years of experience representing survivors of human trafficking acquired by the authors, national experts Lynette M. Parker, Cindy Liou, and Ivy Lee. These lessons and tips focus on the experiences of the San Francisco Bay region, but may have applicability to other regions of the United States.
Publication
Note: The Trump administration has heavily curtailed parole programs into the United States. For example, U.S. Citizenship and Immigration Services (USCIS) discontinued authorizing advance parole for DACA recipients; the administration terminated the Central America Minors (CAM) Refugee/Parole Program; and the administration is considering a termination of military parole-in-place. Thus, much of the content of this manual is useful for assessing prior grants of parole, but the content no longer reflects the current state of parole practice. Advocates continue to challenge the actions of the current administration and some of these decisions are subject to lawsuits.
Publication
The VAWA Manual: Immigration Relief for Abused Immigrants is a completely revised edition of our popular, comprehensive guide for advocates working with immigrant survivors of domestic violence.
Video
This webinar, hosted on November 30, 2018 by ASISTA and ILRC, is intended only for advocates and attorneys who work advancing the rights of immigrants, and is not for media attribution. Panelists discuss the implementation of the updated NTA guidance for humanitarian cases like VAWA self-petitions, U visas, T visas, SIJS, I-730, and related adjustment applications. Panelists also provide practice tips for navigating the risks for clients and advocacy suggestions.
Publication
We are pleased to introduce the newest title to our widely distributed collection of practical, expertly written immigration law guides, T Visas: A Critical Immigration Option for Survivors of Human Trafficking. This publication guides you through the entire process of representing a human trafficking survivor in their immigration case.
Publication
The U Visa: Obtaining Status for Immigrant Victims of Crime will guide you through the entire process of handling an immigration case for a U visa petitioner – from eligibility screening for U nonimmigrant status, to communicating about the waitlist and deferred action, through adjustment of status, to assisting eligible family members, and helping U nonimmigrants travel. Completely updated, this resource includes numerous practice pointers and samples to help you in handling your client’s case. These samples include checklists, cover letters, declarations, receipt notices and other correspondence you can expect to receive from USCIS, motions to the immigration court, and more.
Webinar
The Violence Against Women Act (VAWA) provides important immigration benefits to immigrant domestic violence survivors who have been abused by a U.S. citizen or lawful permanent resident family member. Join us to learn about the eligibility requirements to self-petition for VAWA benefits and how to screen clients.
Publication
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.
Webinar
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 potential conflicts and offer practice tips for how to avoid and address issues throughout the often-long duration of representation, and when deciding to reopen cases at subsequent stages like adjustment, I-929 petitions, and consular processing.
Webinar
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.
Webinar
This advanced webinar will address adjudication trends in U visa cases and recent policy changes.
Webinar
Level: IntermediateThis 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 provide practice tips for responding to RFEs and denials.PresentersAlison Kamhi, Supervising Attorney - ILRCAlison Kamhi is a Supervising Attorney based in San Francisco. Alison is a dedicated immigrant advocate who brings significant experience in immigration law to the ILRC. Alison leads the ILRC's Immigrant Survivors Team and conducts frequent in-person and webinar trainings on naturalization and citizenship, family-based immigration, U visas, and FOIA requests. She also provides technical assistance through the ILRC’s Attorney of the Day program on a wide range of immigration issues, including immigration options for youth, consequences of criminal convictions for immigration purposes, removal defense strategy, and eligibility for immigration relief, including family-based immigration, U visas, VAWA, DACA, cancellation of removal, asylum, and naturalization.
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: IntermediateIn 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 strategies for escalating the case if necessary.PresentersAlison Kamhi, Supervising Attorney - ILRC