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.
12/23/2019
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. The proposed...
12/19/2019
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...
12/19/2019
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...
12/19/2019
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...
12/17/2019
** After rulings by the U.S. Supreme Court on January 27, 2020 and February 21, 2020, the Department of Homeland Security (DHS) was able to implement its new rule relating to the “public charge” ground of inadmissibility nationwide. The DHS rule went into effect for adjustment of status applications filed on or after February 24, 2020. On February 24, 2020, the Department of State (DOS) also...
12/17/2019
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...
12/16/2019
Preparing a strong case for bond for detained clients has become more important than ever. This practice advisory discusses how to address evidentiary issues and challenges in bond proceedings and provides tips for proving your bond case, as well as overcoming negative factors.
12/16/2019
Answering questions about whether public charge inadmissibility applies to a client’s specific situation can be complicated. Case-specific considerations include, but are not limited to, whether the client has a legal status that is exempt from public charge inadmissibility, whether the client is seeking a form of relief that has an admissibility component, and whether the client is eligible to...
12/16/2019
California law requires prosecutors to consider immigration consequences when plea bargaining. Cal. Pen. C. 1016.3(b). This memo describes the unique duties prosecutors have when charging and negotiating DUI-related cases with DACA recipients.
12/16/2019
Recent attacks on the current fee waiver system threaten the access of low-income individuals to immigration benefits they are otherwise eligible to receive. This practice advisory provides an overview of the proposed changes as well as some practice tips for how to fight these harmful changes and best support low-income clients.
12/13/2019
A FOIA request can be an invaluable tool in immigration law to help an immigrant and their representative. This guide details how to complete a FOIA request for USCIS, ICE, OBIM, and CBP. It provides step-by-step instructions on how to complete Form G-639, and also includes tips about alternatives to Form G-639, such as online submission options.
12/13/2019
The last update to Form N-400, Application for Naturalization, was December 23, 2016. U.S. Citizenship and Immigration Services (USCIS) only accepts the current version of the form. The last major update to the N-400 was on February 4, 2014 , when USCIS announced changes that doubled the length of the form. The increase in length stemmed in part from additional questions related to determinations...
12/11/2019
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...
12/10/2019
Your role as an attorney, DOJ-accredited representative, or other legal services provider is critical to ensure immigrants and their families understand changes to public charge policy. Many immigrants are not subject to public charge inadmissibility yet may be fearful to access public benefits or pursue immigration options because of public charge. Others may be subject to public charge and need...
12/10/2019
With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants convicted of crimes.
11/27/2019
People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee . This advisory explains who can...
11/27/2019
What is 287(g)? 287(g) is a program for allowing state and local agencies to act as immigration enforcement agents. Under 287(g), ICE forms an agreement with a state or local agency - most often a county sheriff that runs a local jail - and this agreement delegates specific immigration enforcement authority to designated officers within the local agency. These agreements are also known as “287(g...
11/26/2019
This guide provides step-by-step guidance on how to check if you have a criminal record from the FBI and state government agencies.
11/15/2019
This advisory provides an overview of basic concepts in immigration law and describes the government agencies that work in this area. It is a primer for paralegals and accredited representatives who are new to the subject.
11/13/2019
National Map of Local Entanglement with ICE The federal government has built its immigration enforcement regime to depend on the time and resources of local law enforcement. As a result, local agencies are shoring up some of the most highly-funded, destructive law enforcement programs in our nation’s history. The Department of Homeland Security has built a massive infrastructure to exploit local...
11/12/2019
Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are somewhat complex, and in 2019 the U.S. Supreme Court will hear a case deciding an aspect of the most complex part, the “stop-clock” rule for determining seven years of residence. See...
11/12/2019
Office of Refugee Resettlement (ORR) records requests are an important tool for advocates who are representing people who were detained in ORR custody as children. This practice advisory discusses the role ORR records play in an immigration case and outlines the process for requesting them.
11/11/2019
The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for...
11/08/2019
On November 1, 2019 the Department of Homeland Security (DHS) announced the automatic extension of employment authorization and other documentation for Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Each of those TPS-designated countries was set to expire in 2020 but will now be automatically extended through January 4, 2021. This practice...
11/05/2019
This practice alert highlights the key take-aways from three recently adopted AAO decisions and some of the most important elements of the proposed regulations for advocates to challenge through comments, and contains an Appendix with case summaries of the AAO decisions.