Results
Date Published: 06/17/2019
On June 5, 2019, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a third notice regarding its plans to dramatically change fee waiver eligibility and process. The June 5 notice attempts to provide additional justification for its plan to eliminate...
Date Published: 06/11/2019
Under the Immigration and Nationality Act (INA), any noncitizen who “within five years from the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In current practice, this ground of deportability rarely comes up in pending...
Date Published: 06/17/2019
This practice alert provides a brief overview of some of the main changes practitioners can expect with the proposed change to fee waiver eligibility and process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. Given that these significant...
Date Published: 05/06/2019
This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change. On April 5, 2019, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a proposed change to fee waiver eligibility and process. The April 5 notice...
Date Published: 08/29/2019
On August 8, 2019 the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) posted a second opportunity for notice and comment on the new USCIS Tip Form to collect information from the public regarding purported immigration fraud. The publication of this form signals...
Date Published: 01/14/2019
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...
Date Published: 12/21/2018
A noncitizen can pursue lawful permanent residence through a family member in two different ways—one, through consular processing at a U.S. consulate abroad, or two, through adjustment of status at a U.S. Citizenship and Immigration Services (“USCIS”) office or Immigration Court in the United...
Date Published: 12/18/2018
On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a memorandum stating the expanded circumstances in which the agency will begin issuing a Notice to Appear (NTA), including upon denying most affirmative applications. This practice advisory provides an overview of the new...
Date Published: 12/13/2018
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...
Date Published: 12/06/2018
On June 28, 2018, USCIS published new guidance expanding the circumstances in which it will issue a Notice to Appear, placing immigrant applicants in removal proceedings. On November 19, 2018, USCIS began implementation of this new guidance on many forms of humanitarian relief, including U visa, T...
Date Published: 11/13/2018
This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change. The Department of Homeland Security (DHS) is attempting to transform the fee waiver application process by making it more difficult for individuals to obtain fee waivers when seeking...
Date Published: 11/05/2018
In December 2017, the Department of Homeland Security announced its intent to revoke Employment Authorization Documents (EAD) for H-4 visa holders. A Notice of Proposed Rulemaking is expected to be published in the coming months. We encourage people to oppose this senseless, cruel, and unnecessary...
Date Published: 08/31/2018
This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration...
Date Published: 07/19/2018
This practice advisory addresses the impact of drug trafficking on unaccompanied minor (UC) cases by looking at overall drug trafficking patterns within UC cases, identifying the substantive and procedural issues that may arise when UC with drug trafficking histories pursue immigration relief, and...
Date Published: 06/07/2018
Over 300,000 people currently benefit from Temporary Protected Status (TPS) and many have been protected by it for nearly 20 years. However, the current administration is terminating the program for certain countries and is reviewing the designation of several others. This practice advisory...
Date Published: 03/02/2018
In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may...
Date Published: 05/21/2021
Thirty-six states in the U.S. have legalized some medical use of marijuana, and 18 states and the District of Columbia also have legalized recreational use. Based on this, immigrants may reasonably think that using marijuana in accord with state law will not hurt their immigration status...
Date Published: 06/22/2021
A conviction of a crime involving moral turpitude (CIMT) may or may not hurt an immigrant, depending on a number of factors set out in the Immigration and Nationality Act: the number of CIMT convictions, the potential and actual sentence, when the person committed or was convicted of the offense,...
Date Published: 08/10/2017
This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants. It also includes a summary of all state laws, as of July 2017, that have either passed or are pending...
Date Published: 07/05/2017
This reference chart provides a quick comparison between the most common forms of relief for immigrant survivors of abuse: VAWA, U visas, T visas, Special Immigrant Juvenile Status, and Asylum.
Date Published: 06/19/2017
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. Consisting of 11 chapters, this manual includes in-depth information on the following critical areas:...
Date Published: 05/09/2017
This practice advisory is designed to introduce legal workers to the T visa. It outlines T visa eligibility requirements, discusses the advantages of applying for T visas over other forms of humanitarian immigration relief, and analyzes how President Trump's recent executive orders impact T visa...
Date Published: 01/13/2017
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...
Date Published: 11/29/2016
This Question and Answer (Q&A) addresses potential changes in a Trump administration, written for domestic violence and sexual assault advocates and attorneys who are serving immigrant survivors of gender-based violence. This information may change as we learn more about the plans of the...
Date Published: 11/23/2016
This advisory contains general information shared by USCIS staff during multiple stakeholder events in 2016. It is authored by ASISTA, ICWC, ILRC, AILA, Just Neighbors Ministry, and Sanctuary for Families.
Date Published: 09/19/2019
This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options.
Date Published: 09/09/2014
This handout provides a basic overview of U Visas specifically for law enforcement. Advocates may use this to advocate for stronger U Visa certification policies and practices with law enforcement.
Date Published: 05/15/2012
This Q&A fact sheet from USCIS provides information on making the appointment and preparing for the interview for U nonimmigrants who need to consular process. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176...
Date Published: 05/01/2012
This 77-page guide contains checklists, step-by-step help and sample materials for detained pro so applicants (those without lawyers) who are representing themselves in filing a U visa application. It was produced by the Immigrants’ Rights Clinic of Stanford Law School on behalf of Centro Legal de...
Date Published: 06/13/2011
June 22, 2010 USCIS Policy Memorandum: Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Form I-539); Revisions to Adjudicator’s Field Manual (AFM), New Chapter 39.1(g)(2)(i) (AFM Update AD10-08)