Areas of Expertise

The Immigrant Legal Resource Center (ILRC) immigration attorneys’ expertise focuses on family-based immigration, humanitarian relief, naturalization and citizenship, immigration enforcement, and removal defense.

Since 1979 we have helped expand the immigration expertise of attorneys, nonprofit staff, criminal defenders, and others assisting immigrant clients.

In addition to authoring the ILRC’s practice manuals, our expert attorneys have been published by Continuing Education of the Bar (CEB), American Immigration Lawyers Association (AILA), ILW.com, Huffington Post, Sargent Shriver National Center on Poverty Law, Center for Law and Social Policy, The Hill, LexisNexis Emerging Issues, and Fox News Latino.
 
We have also provided training to National Council of Juvenile and Family Court Judges, National Association of Criminal Defense Lawyers, American Immigration Lawyers Association (AILA), American Bar Association Commission on Immigration, Federal Bar Association, The State Bar of California, Legal Aid Association of California, Judicial Council of California and more.

Key Legal Organizations and Advocates Urge Harris County Commissioners to Take Action to Protect Immigrant Residents

For Immediate Release: December 5, 2019
Contact: Arianna Rosales, media@ilrc.org

Key Legal Organizations and Advocates Urge Harris County Commissioners to Take Action to Protect Immigrant Residents

Legal advocates make local policy recommendations and debunk unfounded concerns that have led to inaction

Groundbreaking #NewWayForward Act challenges racial profiling, mass incarceration in immigration system

For immediate release: Dec. 10, 2019
Contact: Arianna Rosales, media@ilrc.org, (408) 398-5140

Groundbreaking #NewWayForward Act challenges racial profiling, mass incarceration in immigration system

Immigrants facing deportation, civil rights groups praise bill to ease injustice of discriminatory laws which have criminalized immigrants, separated families

Representing LGBT Immigrants Webinar Series
LGBT
Supplementary materials to the Representing Lesbian, Gay, Bisexual and Transgender Immigrants: Navigating the Challenges Faced by LGBT Clients Seeking Lawful Immigration Status webinar series.

How Travel Abroad Can Affect Naturalization Eligibility and Cause Abandonment of Lawful Permanent Resident Status
Citizenship and Naturalization
In order to qualify for naturalization, lawful permanent residents must meet several residence and physical presence requirements that are often mistaken for one another and muddled together. Traveling outside of the United States can not only affect these requirements for naturalization, but they can cause United States Citizenship and Immigration (USCIS) officials to find that a person abandoned their lawful permanent resident status, which can have severe consequences. In this practice advisory, we review these requirements in detail as well as the related issues surrounding abandonment of lawful permanent residence.

Anti-Fraud Comics
Community Resources
ILRC’s Anti-Fraud comic books are being made available to non-profit agencies and organizations throughout the United States. These agencies are gathering places for families and communities and are therefore well-placed to make these comic books available to the people who will most benefit from them.

Growing the Resistance: How Sanctuary Laws and Policies Have Flourished During the Trump Administration
Enforcement
Sanctuary policies have been under attack since the 2016 presidential campaign and throughout the Trump administration.  Nonetheless, these policies have continued to expand, both geographically and in terms of substantive policy content and protections. This detailed report describes what sanctuary policies are and how they are enacted across the country, detailing the changes over the last three years and providing context to the public discourse about local policies related to immigration. It is accompanied by our live national map with data on county-level involvement with ICE: www.ilrc.org/local-enforcement-map.

Public Charge Exemptions and Considerations
DACA
Family-Based
Immigrant Youth
Public Charge
U Visa/T Visa/VAWA
It is important to remember that immigration law and regulations exempt some categories of immigrants from public charge inadmissibility and provide many types of immigration status that are not subject to the public charge ground of inadmissibility. This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immigrants who may be considering adjustment of status or consular processing through a family or employer petition after having a status that is not subject to public charge inadmissibility. Understanding these considerations will help advocates best counsel their clients and prepare applications in the current climate of uncertainty surrounding public charge policy.

Fee Waivers and Their Impact on DV Survivors
U Visa/T Visa/VAWA
This report outlines the established purpose and availability of fee waivers for immigration applications, examines recent USCIS proposals to limit access and create more stringent evidentiary standards, and explores the potential consequences of a more restrictive framework on domestic violence victims and other survivors of crime. It includes results of an informal survey of legal service providers assisting domestic violence and other crime victims from around the country. Finally, it offers recommendations to make fee waivers accessible and facilitate broad access to humanitarian immigration benefits.

Identifying Humanitarian Forms of Relief for Derivatives: U Nonimmigrant Status
U Visa/T Visa/VAWA
The U nonimmigrant status, often referred to as the “U Visa,” is a form of immigration relief available to noncitizens who have been victims of serious crimes in the United States.  As part of the protection given to victims of crimes, U petitioners are able to include certain family members in the application process.  These family members are known as “derivatives”. For many family members, being a derivative on an application may be the only way they will be able to get legal status in the United States.  This practice advisory outlines the requirements for U nonimmigrant derivatives as well as considerations to keep in mind when filing an application.

Identifying Humanitarian Forms of Relief for Derivatives: T Nonimmigrant Status
U Visa/T Visa/VAWA
The nonimmigrant status, often referred to as the “T visa” is a form of immigration status for certain noncitizen survivors of trafficking.  This visa was created by Congress to help combat human trafficking and provide immigration relief to persons who were affected. As part of the protections given, Congress allowed for applicants to petition for certain family members to gain status.  These family members are known as “derivatives.” For many family members, being a derivative on an application may be the only way they will be able to get legal status in the United States. This practice advisory provides information on derivatives for T nonimmigrant status as well as considerations to keep in mind when filing an application. 

Dignity not Detention coalition responds to Feds’ illicit scheme to prop up for-profit detention, urges immediate legal action from AG Becerra

For Immediate Release: December 20, 2019

Dignity not Detention coalition responds to Feds’ illicit scheme to prop up for-profit detention, urges immediate legal action from AG Becerra

ILRC Submits Comment on USCIS Fee Rule
Asylum
Citizenship and Naturalization
DACA
Family-Based
Immigrant Youth
Policy Advocacy
U Visa/T Visa/VAWA
On December 23, 2019, ILRC submitted a comment in opposition of the Department of Homeland Security’s notice of proposed rulemaking titled, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,” published in the Federal Register on November 14, 2019, with supplemental information published on December 9, 2019. ILRC submitted supplemental comments in early 2020.

Dignity not Detention coalition condemns GEO lawsuit: “A shameless attempt to protect profits”

For Immediate Release: December 31, 2019
Contact: Arianna Rosales, media@ilrc.org

Dignity not Detention coalition condemns GEO lawsuit: “A shameless attempt to protect profits”

2019.12.31 - In response to the lawsuit filed by the GEO corporation against California’s AB 32 just two days before the law goes into effect, the Dignity not Detention Coalition issued the following statement: 

Eligibility for Relief: Waivers Under INA § 212(h)
Crimes
Family-Based
Removal Defense
U Visa/T Visa/VAWA
Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always require proof of "extreme hardship." Unfortunately, it can't be used to waive drug convictions or conduct, other than a single incident involving possessing a small amount of marijuana. 

A New Remedy for Liberians: The Liberian Refugee Immigration Fairness Act (LRIF)
Asylum
Citizenship and Naturalization
Family-Based
Removal Defense
Effective December 20, 2019, the Liberian Refugee Immigration Fairness (LRIF) act opened a one-year window that will allow many Liberians living in the United States to apply for permanent residence. The act was buried in Section 7611 of the National Defense Authorization Act for Fiscal Year 2020. This practice advisory will provide a summary of the law, which went into effect immediately and will only allow applications for relief up to December 20, 2020.

Living in the United States: A Guide for Immigrant Youth
Community Resources
Immigrant Youth
This guide is a compilation of resources for immigrant youth living in the United States. It includes general descriptions of immigration relief as well as general advice on applying for benefits, driver’s licenses, financial aid for colleges, bank accounts and credit cards, filing taxes, registering for the national service and military service, and more.