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.

Identifying Humanitarian Forms of Relief for Derivatives: VAWA Self-Petitioners

04/02/2020

The VAWA Self-Petition allows abused immigrants to petition for legal status independently of their abuser. The process mirrors that of the family-based process but frees the victim from having to rely on the abuser’s cooperation to file a family-based petition. Under VAWA, an abused spouse or child of a lawful permanent resident (LPR) or U.S. citizen (USC), or an abused parent of a USC son or...

Comment on Proposed Revisions to USCIS Form I-290B

04/02/2020

The American Immigration Council, the American Immigration Lawyers Association, ASISTA Immigration Assistance, the Catholic Legal Immigration Network, Inc., the Immigrant Legal Resource Center, Kids in Need of Defense, and the Tahirih Justice Center submitted this comment in response to the proposed revisions to USCIS Form I-290B, which were published in the Federal Register on December 6, 2019.

Motions with the BIA

04/02/2020

This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It...

What Are the Immigration Consequences of Delinquency?

03/27/2020

This advisory provides an overview of the immigration consequences of delinquency and helps advocates understand the distinctions between delinquency and crime to be able to assess whether a youth has committed an act of delinquency or a crime. It arms advocates with arguments to protect their noncitizen clients who have engaged in unlawful conduct as minors.

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

03/27/2020

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering...

From “Superpredators” to “Migrant Gang Bangers”: The Criminalization of Young People of Color

03/27/2020

This one-page resource from the ILRC and the National Juvenile Justice Network illustrates the connections between the criminalization of young people of color in the youth justice system and the current criminalization of young immigrants of color.

Overview of Public Charge and Benefits (March 2020)

03/26/2020

This advisory provides a brief overview of public charge under the new rules, including public charge law generally, who is impacted, and what benefits are considered. Adjustment of status applications filed before February 24, 2020 will be adjudicated under policies in effect before the new DHS rule. Adjustment of status applications filed on or after February 24, 2020 will be adjudicated under...

Messaging to Make Our Vision a Reality

03/23/2020

This webinar provides key communications tools to uplift a values-based narrative and push back against anti-immigrant scapegoating, in support of the VISION Act (pending state bill which strengthens the CA Values Act) and other similar policy asks. The webinar provides a brief overview of the VISION Act, and then focuses largely on messaging and communications. Specifically, the webinar covers talking points and communications tactics needed to push back when our opposition uses fear-mongering and scapegoating to exclude people with crimes from protection. This webinar is...

Annotated DACA Application Guide

03/23/2020

This guide is for individuals whose DACA expired after September 5, 2016 and are looking to file a “renewal” application in the coming months. The guide includes annotated forms I-821D, I-765 and I-765ws which form a renewal application packet. If an individual’s DACA expired on or before September 5, 2016 or was DACA terminated, they will need to file an application as a “renewal-initial.” This...

Public Charge Updates

03/17/2020

Bewildered by the many policy changes and litigation efforts surrounding public charge? Unsure if you’re prepared to counsel and advise clients on how public charge could impact their ability to get a family-based green card or visa to enter the United States? Join us as we discuss the challenges our immigrant clients are currently facing around public benefits and immigration status, and strategies to help clients overcome public charge concerns at various administrative agencies. This webinar will review the latest developments in public charge policy and regulations under the Trump...

Public Charge Update for Non-Legal Services Providers

03/11/2020

During this webinar, we provided an update on public charge policies after the new inadmissibility rule from Department of Homeland Security (DHS) took effect and the new inadmissibility rule from Department of State was implemented. We discussed the various policies impacting immigrants and their families’ access to health care and other programs and took a closer look at the new DHS and DOS rules and who they affect. This webinar was designed for those conducting outreach and providing information to immigrants in a...

Public Charge: What the Community Needs to Know

02/26/2020

There is a lot of confusion and misinformation about what public charge is, who it affects (and who it does not), and new policies on public charge. This resource includes commonly-asked questions about public charge and answers, to assist education and outreach workers presenting information to community members.

Acquisition & Derivation Quick Reference Charts

02/26/2020

These three charts outline the different requirements for acquiring and deriving citizenship. Because the law governing acquisition and derivation has changed many times and is generally not retroactive, these charts detail what the eligibility requirements are depending on the time period in question. Each chart has extensive footnotes that provide explanations about the legal requirements,...

Naturalization Fee Waiver Packet

02/24/2020

This packet is designed to help advocates prepare naturalization fee waiver applications. The packet includes information from USCIS and ILRC on how to complete and review a fee waiver application to accompany naturalization applications, the adjudication standards for fee waiver applications, and a sample completed fee waiver form. February 24, 2020 Update: USCIS Continues to Accept Previous...

Unaccompanied Children and the One-Year Filing Deadline

02/23/2020

Although the TVPRA exempts unaccompanied children ( UC s) from the one-year filing deadline for asylum, the current administration has been attempting to erode these protections. As a result, many UC s are at risk of losing their statutory protections and being subjected to the one-year filing deadline. This practice advisory provides UC advocates with an overview of the deadline, the exceptions...

ICE Courthouse Arrests in California: Explainer and Legal Strategies Tool for Legal Services Providers and Defenders

02/20/2020

In response to recent ICE enforcement practices, noncitizens who need to attend state and local courts in California may express fear of civil arrest if they attend court. This two-page tool, written for defenders and legal services providers, presents California-specific strategies for representing and advising noncitizens who may require additional procedural protections for their right to...

Enforcement 101: How Ice Arrests and Deports People

02/05/2020

In this recording, we discuss how ICE operates and goes about detaining and deporting hundreds of thousands of people a year. Designed for those new to the fight against ICE, we provide an overview of how ICE operates as well as an overview of local efforts to push back against ICE’s increasingly aggressive tactics. You’ll gain a deeper understanding of the various mechanisms ICE employs to identify, arrest, and deport people along with clear strategies and tools that can be used by advocates to protect our communities. ...

RECORDING - Late-Breaking Public Charge Update

02/04/2020

This one-hour training, recorded on February 4, 2020, provides updates on what the U.S. Supreme Court's January 27, 2020 order regarding the Department of Homeland Security's new public charge inadmissibility rule means for our clients and the immigrant community. We also discuss what we know and what questions remain at this juncture, suggestions for how to talk about this latest development...

Open Records Laws for Immigrant Rights Advocates

01/29/2020

This toolkit and webinar from ILRC, CLINIC, and the Center for Constitutional Rights provide and introduction and advice for how immigrant rights advocates can use public records act requests to get information on how immigrants are treated by local and state government agencies. These requests can be an essential part of campaigns to protect immigrant communities. Guide: Open Records Laws for...

Community Advisory about District Attorneys and the Arrest to Deportation Pipeline (English and Spanish)

01/28/2020

This community facing advisory in both English and Spanish explains the power of county prosecutors to determine who does, or doesn’t, suffer immigration consequences.

Family-Based Petitions for LGBTQ Couples: Considerations When Documenting a Bona Fide Marriage

01/22/2020

Since 2015, the process of immigrating to the United States as the spouse of a USC or an LPR should not be any different for an LGBTQ couple than any other couple. However, advocates working with LGBTQ couples may need to consider a variety of factors when documenting and providing representation for an LGBTQ marriage-based petition. For example, is the couple currently living a jurisdiction...

Community Alert: New Immigration Relief for Liberians

01/13/2020

Enacted on December 20, 2019, the Liberian Refugee Immigration Fairness (LIRF) act opened a one-year window that will allow many Liberians living in the United States to apply for permanent residence. Learn more about the program and guidelines for eligibility with this community alert.

ILRC Policy Priorities

01/13/2020

The Immigrant Legal Resource Center (ILRC) builds a democratic society that values diversity and the rights of all people. Through ILRC’s policy and advocacy efforts, we promote a vision of racial justice that advances the rights of all immigrants, including those who have had contact with the criminal legal system. ILRC engages in policy and advocacy throughout the United States with a...

A New Remedy for Liberians: The Liberian Refugee Immigration Fairness Act (LRIF)

01/03/2020

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...

Eligibility for Relief: Waivers Under INA § 212(h)

01/03/2020

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...

Areas of Expertise

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