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.

Yith v. Nielson and Defense Strategies for Naturalization Applicants in Removal Proceedings

12/19/2018

This advisory focuses on defense strategies for naturalization applicants who are in removal proceedings, especially within the Ninth Circuit Court of Appeals.

Updated Guidance for the Referral of Cases and Issuance of Notices to Appear: Tips and Strategies for Working with Clients

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 USCIS NTA Memo and gives tools for identifying possible red flags that could trigger enforcement...

The Selective Service and Naturalization Applications

12/18/2018

Males living in the United States between the ages of 18 and 26, including naturalization applicants, must register for the Selective Service. While failure to register for the Selective Service is not a statutory or regulatory bar, it may still stop a person from naturalizing. This practice advisory will look deeper into the Selective Service requirements, how USCIS will evaluate the case...

An Overview of Public Charge

12/14/2018

This advisory seeks to provide practitioners with current information about the status of public charge. This information is current as of December 2018. On October 10, 2018, the Department of Homeland Security (DHS) published a proposed rule related to public charge in the Federal Register. The proposed rule is not current law. No new regulation has been implemented and any change will require a...

Fee Waiver Template Comment – submit by November 27, 2018

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 immigration relief. On September 28, 2018, it issued a notice of proposed rulemaking to drastically change...

Military Naturalization Webinar

11/12/2018

The United States permits individuals who are not U.S. citizens to enlist in the military and, in recognition of their military service, naturalize more quickly. This webinar will provide an overview of the vital role immigrants play in our nation’s military, recent changes to the expedited naturalization process for military service members, and the basics of military and veterans naturalization. It will also present best practices on naturalizing military service members, veterans, and their families.

To access the materials that were used during this webinar, please...

The Trump Administrations Plan to Strip Citizenship from Thousands of Americans

09/17/2018

This resource, co-created by the ACLU and ILRC, discusses the Trump administration's denaturalization operation and describes the process of denaturalization, who the targets are and the number of cases as well as the historical context for these efforts.

Living in Limbo: A Guide to Understanding Your Rights, Benefits, and Obligations When You Have No Immigration Status

07/20/2018

Every year, millions of people wait for Congress to advance a solution that would provide stability for undocumented persons and their families. The numbers left waiting and worrying without a pathway to citizenship, protection from deportation, or the ability to work under the Trump Administration has only increased with the limitations on the Deferred Action for Childhood Arrivals (DACA)...

Modifications and Waivers to Taking the Oath of Allegiance

05/03/2018

The final step in the naturalization process is the oath of allegiance to the United States. The oath demonstrates loyalty to the United States and the Constitution. All applicants must demonstrate that they are “attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.” The oath also includes statements that the...

Changes to the Expedited Naturalization Process for Military Service Members

03/29/2018

In October 2017, the Department of Defense issued new policies that impact lawful permanent residents and other non-U.S. citizens in the military. This practice advisory discusses how these policies affect those who seek to enlist, and those who currently serve in the military, including in the Reserve Components. This practice advisory was jointly authored by the Immigrant Legal Resource Center...

A Step-by-Step Guide to Completing the New Naturalization Application

01/11/2018

On February 4, 2014 the United States Citizenship and Immigration Service (USCIS) introduced a new N-400 (Rev. 9/13/13), Application for Naturalization form that was updated in April and December 2016. All naturalization applicants must use the new form only. To help attorneys, BIA accredited representatives, and others learn how to complete this new form, we have developed a step-by-step guide.

Warning for Immigrants About Medical and Legalized Marijuana

01/08/2018

A majority of states in the U.S. have legalized some medical use of marijuana, and ten 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. Unfortunately, that's wrong. Marijuana remains a federal controlled substance. In April 2019, USCIS...

Immigration Consequences of Driving under the Influence

08/30/2017

This practice advisory goes through all of the ways that an arrest or conviction for California driving under the influence (DUI) can affect an immigrant, and reviews possible changes to the law. It also will discuss reckless driving as an alternative to DUI.

Practice Advisory: Absences and Continuous Residence

08/25/2017

Absences from the United States can affect an applicant’s eligibility for naturalization in numerous ways. In this practice advisory, we focus specifically on how absences of varying lengths of time affect the continuous residence requirement.

California Criminal Sentences and Eligibility for Relief

08/22/2017

Criminal sentence can have a big impact on immigration status and eligibility for relief. In this Advisory, we discuss how immigration law treats different sentencing dispositions in general, and then apply that to California sentencing law. We talk about how advocates can use California law, including the newly amended Penal Code § 18.5, to help their clients.

Naturalization Reduced Fee Option and Fee Waiver

04/26/2017

This practice advisory reviews options for naturalization applicants who cannot afford the filing fee for the Form N-400, Application for Naturalization: the reduced fee option (Form I-942) and the USCIS fee waiver (Form I-912). The practice advisory also provides resources and tips for completing either application.

Solicitudes de información bajo la Ley de Libertad de Información (FOIA)

07/13/2015

Este video provee una introducción a, conocido como “FOIA”, por sus siglas en ingles. También provee información y ejemplos sobre como determinar cuándo y a que agencia debe de enviar su solicitud de FOIA, y ejemplos sobre cuando una solicitud de FOIA no es la mejor opción para obtener información.

Freedom of Information Act Requests

06/02/2015

This videocast provides an introduction to Freedom of Information Act (FOIA) requests and offers tips for how to file FOIA requests in immigration cases. It also provides information and examples regarding how to determine when and with which agency to file a FOIA request as well as examples of when a FOIA response is not the best option for gathering information.

Innovation in Action: Micro Documentary by the New Americans Campaign

09/16/2013

In just four minutes, this micro documentary about the New Americans Campaign will show you the needs that are being met and the difference that has already been made by this critical campaign.

Profile of Organizing Efforts of Proyecto Campesino

12/06/2010

This report is an introductory narrative of how Proyecto Campesino and O.L.A. Raza conduct community organizing, rural leadership development, and civic participation campaigns using radio programs, naturalization assistance, citizenship classes, and civic action leagues comprised of immigrant membership. Farmworker organizations can duplicate and adapt some of the information and organizing...

Off-Site Processing of Naturalization Examinations

12/06/2010

by ILRC Staff Attorneys, 1996 This manual focuses on how agencies can participate in the INS "Off-Site" processing program where INS conducts naturalization interviews at community agencies. The experience of organizations in off-site efforts show that this approach increases convenience and reduces anxiety for naturalization applicants enabling them to achieve greater success. The manual offers...

Document Gathering for Citizenship: The Oakland Model

12/06/2010

Written by Doug DiSalvo East Bay Citizenship Network May 1999 This guide explains which documents are frequently required of naturalization applicants, in what circumstances they are required, and how to get them. It contains simple explanations of each type of document, and sample forms and letters applicants can use to get them. Obtaining documents that will probably be required, and taking...

Areas of Expertise

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