One of the most common ways for people to get a green card is through a family member. U.S. citizens and lawful permanent residents can help certain family members immigrate to the United States. This is a two-step process. First, the U.S. citizen or lawful permanent resident files a family visa petition. Second, the foreign national relative files an application to become a permanent resident. Each step involves different legal and factual issues.
As a national expert on these issues, the Immigrant Legal Resource Center (ILRC) provides ongoing trainings on the family-based immigration process, answers case-specific questions from practitioners, authors a comprehensive manual, Families & Immigration: A Practical Guide, and advocates locally and federally in support of immigrant families.
Latest Resources
FAQs & Explainers
Resources
Publication Date
03/31/2023
Undocumented individuals who have U.S. citizen children often ask when and if their child can help them obtain their Lawful Permanent Resident status. A citizen child who is over 21 years old can begin the process for a parent to get their Permanent Residence card, often referred to as a green card. However, the process can be complicated and any parent seeking a green card through their child needs to carefully consider certain things before they move forward. This guide provides a brief explanation of this process, what is needed for a son or daughter to help their parent(s) obtain status, and some considerations to keep in mind as you explore this process.
Practice Advisory
Resources
Publication Date
03/24/2023
Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abuser, and abused adult sons and daughters are eligible for cancellation without age or marital limitations. This practice advisory introduces and provides an in depth review of each eligibility requirement for VAWA cancellation, discusses the applicable evidentiary standard, and considers procedural issues and strategies useful in immigration court as well as issues arising after an immigration judge issues a decision. Included in this practice advisory is an appendix with a side-by-side comparison of three forms of immigration relief often available to survivors in removal proceedings: VAWA cancellation, VAWA self-petitioning and adjustment of status, and non-LPR cancellation.
Practice Advisory
Resources
Publication Date
03/14/2023
This practice alert provides an overview of USCIS’s new policy on TPS travel, including a new travel document specific to TPS holders that replaces advance parole, rescission of Matter of Z-R-Z-C-, and clarification of the legal effect of TPS-authorized travel, especially for adjustment of status.
Public Comments / Sign-on Letters
Resources
Publication Date
03/08/2023
On March 8, ILRC provided comments on the USCIS proposed fee rule. In the comment, ILRC commended agency actions codifying fee exemptions. Additionally, ILRC requested that USCIS codify fee waiver eligibility standards and raise the income threshold for fee waivers. We also requested that fee increases be reduced for applications for lawful permanent residence, work authorization and family petitions, among others. Finally, the comment provides requested changes to various USCIS forms that are open for comment in conjunction with the proposed fee rule.
Practice Advisory
Resources
Publication Date
09/29/2022
Consular processing is one of ways an individual can obtain lawful permanent residence. This process is often confusing and daunting to individuals who do not regularly work on these types of cases since the process is completed with a U.S. consulate abroad and involves interaction with several government agencies. This practice advisory provides an overview of the steps involved in a consular processing case and some considerations to keep in mind.
Public Comments / Sign-on Letters
Resources
Publication Date
09/13/2022
EOIR recently published proposed changes to the forms used to apply for DOJ recognition and accreditation. ILRC submitted comments objecting to the changes, which add new and burdensome requirements for applicants. The information requested and the new documentary requirements exceed the requirements in the regulations.
Public Comments / Sign-on Letters
Resources
Publication Date
09/07/2022
ILRC commended USCIS on its recent extension of COVID flexibility policies through October 23, 2022. In addition, we suggested some new COVID-related policies to ameliorate the impact of the pandemic, including longer extensions of time to respond to notices and decisions, adoption of a mailbox rule for filing deadlines, and allowing waivers to proceed despite death of a qualifying relative.
Resources
Resources
Publication Date
08/29/2022
ILRC commends USCIS on the recent USCIS Policy Manual additions clarifying guidance on the unlawful presence bars. We further thank USCIS for rescinding Matter of Z-R-Z-C and updating its interpretation on the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries. These changes will benefit affected applicants significantly, create clarity and consistency across adjudications, and help USCIS achieve its overall mission to uphold America’s promise as a nation of welcome and possibility.
Practice Advisory
Resources
Publication Date
05/04/2022
This advisory provides practitioners with current information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
Resources
Resources
Publication Date
04/14/2022
The ILRC submitted these recommended priorities to USCIS for improvements to the USCIS Policy Manual. This letter follows our list of USCIS Policy Manual recommendations provided to USCIS on September 2, 2021 (available here: https://www.ilrc.org/sites/default/files/resources/ilrc_uscis_pm_suggestions.pdf). While every change we suggested is important, a few have become more urgent as they are needed immediately to prevent further erroneous denials of benefits to immigrants and unnecessary chilling effects. The following priorities were gathered after conversations with partners across the country, and in direct response to requests from immigration practitioners and community members who are seeing benefits denied in the meantime. Furthermore, these changes will help rectify the Trump administration’s policies, increase access to immigration benefits, and reduce backlogs.
Practice Advisory
Resources
Publication Date
02/11/2022
This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection Act (CSPA), and adjustment of status under § 245(i) of the Immigration and Nationality Act (INA). A brief discussion and summary of the utilization of cross-chargeability of priority dates is also included.
Related Products
Webinar
Webinar
For practitioners already familiar with the basics of family-based immigration, this webinar will focus on the adjustment of status process for individuals pursuing permanent resident status through a family member here in the United States, including various pathways to adjustment and red flags. We will compare 245(i) eligibility and traditional adjustment under 245(a), as well as strategies for establishing adjustment eligibility.
Webinar
Webinar
Level: Intermediate
This intermediate webinar will review the nuts & bolts of preparing and filing a family-based immigrant visa consular processing case, as well as cover third country processing, troubleshooting issues with communicating with the NVC and/or consular post, potential red flags to watch out for, and how to prepare clients for these issues, and the latest updates on pandemic consular processing.
Presenters
Ariel Brown
Ariel Brown joined the ILRC in April 2017. After five years in private practice at a well-respected immigration firm in Sacramento, Schoenleber & Waltermire, PC, Ariel brings extensive practical experience to the ILRC. She has experience filing numerous immigration applications and regularly appearing before USCIS, ICE, and EOIR, with cases spanning the areas of removal defense, family-based adjustment of status and consular processing, DACA, naturalization, SIJS, U visas, and VAWA. She was also involved in establishing Sacramento’s rapid response network to respond to immigration enforcement action, and served as an American Immigration Lawyers Association (AILA)-USCIS liaison.
Ariel contributes to the ILRC’s Attorney of the Day legal technical assistance program, as well as writing and updating practice advisories and manuals and presenting on family-based topics for ILRC webinars.
Prior to joining the ILRC, Ariel also briefly volunteered with the International Institute of the Bay Area in Oakland, and Catholic Charities of the East Bay in Richmond. In law school, Ariel was a student advocate with the UC Davis Immigration Law Clinic, assisting with cancellation of removal cases for indigent noncitizens, and an editor for the Journal of International Law and Policy.
Ariel earned her law degree from the University of California at Davis, and her undergraduate degree from the University of California, Los Angeles, where she majored in anthropology. Ariel is admitted to the state bar in California.
Ann Block
Ann Block is a part-time Senior Special Projects Attorney with the ILRC based in Davis and San Francisco. She has been with the ILRC part-time since 2009 on a contract basis, and in 2019 transitioned to a staff position. She also maintains a part-time private practice in Davis, California. Ann has expertise in family immigration, naturalization and citizenship, VAWA and U visas, asylum, removal defense, as well as extensive experience with immigration consequences of criminal convictions. She provides technical assistance through the ILRC’s Attorney of the Day program, mentoring and assisting nonprofit attorneys and staff, public defenders and private attorneys with a wide variety of immigration law questions and cases.
She has contributed to several ILRC manuals, including Defending Immigrants in the Ninth Circuit; Naturalization & U.S. Citizenship; Inadmissibility and Deportability; The VAWA Manual; The “U” Visa; Hardship in Immigration Law; Families and Immigration; Inadmissibility and Deportability; FOIA Requests and Other Background Checks; Removal Defense: Defending Immigrants in Immigration Court; and A Guide for Immigration Advocates/ Ann has authored articles, presented webinars, led the ILRC 40 hour basic immigration law training, and has served as a panelist on a number of immigration issues for the ILRC, the American Immigration Lawyers Association (AILA) and the National Immigration Project of the National Lawyers Guild (NIPNLG).
Prior to the ILRC, Ann gained extensive private and nonprofit experience as a staff attorney with Park & Associates, Catholic Charities in San Mateo, the International Institute of San Francisco, and her own solo private practice. Ann has additional teaching experience as a former adjunct professor at McGeorge School of Law, supervising the Immigration Clinic and teaching the podium course on Immigration Law. She has also served on the California State Bar’s Immigration and Nationality Law Commission (INLAC), the entity that certifies attorneys as immigration law specialists, including as both vice-chair and chair of INLAC.
Ann earned her law degree from the University of California at Davis where she represented clients through the prison law and immigration law clinics. She received her undergraduate degree from the University of Nebraska-Lincoln where she double-majored in psychology and political science. Ann is admitted to the bar in California and is conversant in Spanish, with working knowledge of written French.
This intermediate webinar will review the nuts & bolts of preparing and filing a family-based immigrant visa consular processing case, as well as cover third country processing, troubleshooting issues with communicating with the NVC and/or consular post, potential red flags to watch out for, and how to prepare clients for these issues, and the latest updates on pandemic consular processing.
Presenters
Ariel Brown
Ariel Brown joined the ILRC in April 2017. After five years in private practice at a well-respected immigration firm in Sacramento, Schoenleber & Waltermire, PC, Ariel brings extensive practical experience to the ILRC. She has experience filing numerous immigration applications and regularly appearing before USCIS, ICE, and EOIR, with cases spanning the areas of removal defense, family-based adjustment of status and consular processing, DACA, naturalization, SIJS, U visas, and VAWA. She was also involved in establishing Sacramento’s rapid response network to respond to immigration enforcement action, and served as an American Immigration Lawyers Association (AILA)-USCIS liaison.
Ariel contributes to the ILRC’s Attorney of the Day legal technical assistance program, as well as writing and updating practice advisories and manuals and presenting on family-based topics for ILRC webinars.
Prior to joining the ILRC, Ariel also briefly volunteered with the International Institute of the Bay Area in Oakland, and Catholic Charities of the East Bay in Richmond. In law school, Ariel was a student advocate with the UC Davis Immigration Law Clinic, assisting with cancellation of removal cases for indigent noncitizens, and an editor for the Journal of International Law and Policy.
Ariel earned her law degree from the University of California at Davis, and her undergraduate degree from the University of California, Los Angeles, where she majored in anthropology. Ariel is admitted to the state bar in California.
Ann Block
Ann Block is a part-time Senior Special Projects Attorney with the ILRC based in Davis and San Francisco. She has been with the ILRC part-time since 2009 on a contract basis, and in 2019 transitioned to a staff position. She also maintains a part-time private practice in Davis, California. Ann has expertise in family immigration, naturalization and citizenship, VAWA and U visas, asylum, removal defense, as well as extensive experience with immigration consequences of criminal convictions. She provides technical assistance through the ILRC’s Attorney of the Day program, mentoring and assisting nonprofit attorneys and staff, public defenders and private attorneys with a wide variety of immigration law questions and cases.
She has contributed to several ILRC manuals, including Defending Immigrants in the Ninth Circuit; Naturalization & U.S. Citizenship; Inadmissibility and Deportability; The VAWA Manual; The “U” Visa; Hardship in Immigration Law; Families and Immigration; Inadmissibility and Deportability; FOIA Requests and Other Background Checks; Removal Defense: Defending Immigrants in Immigration Court; and A Guide for Immigration Advocates/ Ann has authored articles, presented webinars, led the ILRC 40 hour basic immigration law training, and has served as a panelist on a number of immigration issues for the ILRC, the American Immigration Lawyers Association (AILA) and the National Immigration Project of the National Lawyers Guild (NIPNLG).
Prior to the ILRC, Ann gained extensive private and nonprofit experience as a staff attorney with Park & Associates, Catholic Charities in San Mateo, the International Institute of San Francisco, and her own solo private practice. Ann has additional teaching experience as a former adjunct professor at McGeorge School of Law, supervising the Immigration Clinic and teaching the podium course on Immigration Law. She has also served on the California State Bar’s Immigration and Nationality Law Commission (INLAC), the entity that certifies attorneys as immigration law specialists, including as both vice-chair and chair of INLAC.
Ann earned her law degree from the University of California at Davis where she represented clients through the prison law and immigration law clinics. She received her undergraduate degree from the University of Nebraska-Lincoln where she double-majored in psychology and political science. Ann is admitted to the bar in California and is conversant in Spanish, with working knowledge of written French.
Publication
Publication
The Immigrant Legal Resource Center created the first comprehensive manual about parole in immigration law in 2016 to provide practitioners with a one-stop guide to the legal requirements of all the different types of parole, practice pointers about when and how to file for parole, and discussions of the evolving issues in parole policy. Parole in Immigration Law thoroughly addresses the three main types of parole: advance parole, humanitarian parole, and parole-in-place. The appendices include numerous sample parole applications and cover letters; USCIS, ICE, and CBP memoranda on parole issues; a sample RFE; an advance parole cover letter template; travel checklist; and many other essential tools for both private attorneys and nonprofit practitioners exploring parole as an option for their clients.
Publication
Publication
A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique among immigration law resources because it provides a comprehensive detailed overview of the law that can be used in everyday practice.
Webinar
Webinar
Lawful permanent resident cancellation of removal ("LPR cancellation") is a vital from of relief for LPRs in removal proceedings, particularly for those in removal proceedings due to past criminal convictions. In this webinar, we will discuss the eligibility requirements for LPR cancellation, recent court decisions affecting eligibility, and practical guidance and strategies for building and presenting an effective cancellation case in immigration court.
Webinar
Webinar
LPRs are often worried about how public charge might impact them or their family members. Importantly, there is no public charge test to naturalize. Nonetheless, LPRs seek guidance about travel, petitioning family members, and possible grounds for deportation. Log in to this webinar to give the best advice to LPRs around these critical questions. This webinar will assume basic knowledge of the public charge rule.