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.

Application of the Child Status Protection Act to the Children of U.S. Citizen Petitioners

12/21/2018

The Child Status Protection Act (CSPA) was devised to protect intending immigrant children from “aging-out” while undergoing the lengthy process to status. This advisory discusses how CSPA protects children of U.S. citizens in their applications for permanent residency. This is one of three advisories in a series detailing the benefits and limitations of the CSPA in the immigration process. For...

Representing Clients at the Master Calendar Hearing: How to Prepare for an Initial Hearing, with Quick-Reference Checklist

12/21/2018

The master calendar hearing is the first hearing in removal proceedings before an immigration judge of the Executive Office for Immigration Review, during which serious substantive decisions can be made in an immigrant’s removal case. Advocates must be well prepared and have a clear case strategy in mind prior to the master calendar hearing, as well as a detailed plan for how to advocate during...

Representing Naturalization Clients in the Wake of USCIS's New NTA Memo

12/20/2018

USCIS's Policy Memorandum of June 28, 2018, provides new guidance for when USCIS will issue a Notice to Appear (NTA) to applicants requesting immigration benefits. This practice advisory outlines the NTA Memo’s impact on naturalization cases. Specifically, this advisory discusses the NTA Memo’s particular directives for naturalization cases; provides the legal context for when a naturalization...

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.

How to Interview Clients About Their Entries and Attempted Entries to the United States (And Understand Their Answers)

12/18/2018

A prospective client’s complete entry and exit history to the United States is one of the most important pieces of information to gather so that you can properly evaluate their immigration case. However, sometimes it can be challenging to figure out what questions to ask to elicit the information you need, or what the answers mean. This practice advisory describes different types of entries to...

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...

Protecting Immigrant Youth Fact Sheet

12/17/2018

It is essential that we enact policies that support our youth in becoming healthy, productive adults. Unfortunately, many localities engage in unnecessary, and sometimes unlawful, practices that negatively impact the development of young people. This fact sheet, written together with the National Juvenile Justice Network, describes policy changes that could help protect immigrant youth.

Resources on the FIRST STEP Act

12/17/2018

Resources on the FIRST STEP Act—legislation to reform the criminal justice system—and its impacts on non-citizens. Concerns about FIRST STEP Act Senate Bill : In this resource on The First Step Act, S. 3747, ILRC along with its partners the NIPNLG, NIJC, IDP and IJN, provides analysis on how the bill’s provision impacts non-citizens in the federal criminal justice system. Criminal Justice Reform...

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...

Implications of Updated USCIS Notice to Appear (NTA) Memo

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, 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.

If you are interested in accessing the recording, please contact Cecelia Friedman Levin, ...

Annotated Notes and Practice Pointers: USCIS Teleconference on Notice to Appear (NTA) Updated Policy Guidance

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 visa, VAWA, SIJS, I-730s, and related applications. Authored by ASISTA, ILRC, and AILA, these...

Immigrant Legal Resource Center’s Public Charge Comments

12/06/2018

The ILRC strongly opposes the proposed changes to the public charge rule published in the Federal Register on October 10, 2018. You can read our comments to the regulations here.

The Immigrant Advocate | Winter 2018

11/30/2018

In this issue: Public Charge: The Threat America is Not Talking Enough About; The ILRC Introduces its First Andy Grove Immigrants’ Rights Fellowship; In Focus: Big Things Happening in Texas; Field Office Rundown; Joining the ILRC; and our 2017 Program Partners

ILRC’s Prosecutor Policy Recommendations

11/21/2018

At a time of unprecedented immigration enforcement where the federal government heavily relies on the criminal legal system to target immigrants and their families and communities, prosecutors play a critical role in determining immigrants’ fates in this country. Prosecutors across the country are beginning to recognize the important role they play as gatekeepers to the deportation pipeline. Many...

Public Charge Template Comment to the Proposed Rule

11/19/2018

On October 10, 2018, DHS issued a notice of proposed rulemaking to drastically change how the agency adjudicates the public charge ground of inadmissibility. The proposal would include the use Medicaid, subsidized housing (including Section 8), and SNAP (Food Stamps) to the types of benefits that count against an intending immigrant in the public charge determination. In addition, the proposed...

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...

An Overview to Special Immigrant Juvenile Status

11/09/2018

"An Overview to Special Immigrant Juvenile Status," excerpted from ILRC’s new publication Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth. (Excerpted from Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth .)

Train-the-Trainers Materials for Family Preparedness Planning

11/09/2018

These materials provide guidance for educators and other professionals working with immigrant parents to be able to conduct family preparedness workshops. Family preparedness workshops help families engage in contingency planning for their children, in the event of detention or deportation of a parent. The materials contained here include a script, a sample PowerPoint, and other helpful resources.

How to Oppose the Rescission of the H-4 Work Authorization Rule

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 rule. This rule will strip work authorization from over 100,000 women, forcing many to choose...

Preparing Clients for Immigrant Visa Interviews at U.S. Consulates

11/05/2018

This practice advisory covers how to prepare consular processing clients for questions at the immigrant visa interview about alien smuggling, receipt of public benefits, drug use, tattoos, and other issues.

ILRC Amicus Brief Arguing Validity of Cal. Penal Code 1203.43 Vacaturs

10/25/2018

In August 2018, the Board of Immigration Appeals issued a call for amicus briefs to respond to the question of whether an ILRC-sponsored law, California Penal Code 1203.43, effectively vacated convictions for the purposes of federal law. With gratitude for the assistance of Prof. Jennifer Lee Koh, Western State College of Law, and Michael Mehr, the ILRC coordinated 37 other legal services...

Matter of Velasquez-Rios and 364-Day Misdemeanors

10/15/2018

The BIA has held that that it will not give retroactive effect to California Penal Code § 18.5(a) on convictions from before January 1, 2015. It will consider a California misdemeanor conviction from before January 1, 2015 to have a potential sentence of up to one year, while a misdemeanor conviction on or after that date will have a potential sentence of up to 364 days. Having a potential...

National Context: The Legal Fights over Sanctuary Policies

10/11/2018

“Sanctuary” policies exist all over the country, but they are under attack from the Trump Administration, which is trying to withhold federal funding. What is the DOJ trying to do, what funding is at stake, and what is the status of all these lawsuits over it? Most importantly, a key federal statute limiting sanctuary policies has been found unconstitutional, which means that sanctuary...

Areas of Expertise

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