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
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.
Public Comments / Sign-on Letters
Resources
On February 2, 2023, USCIS announced changes to the Policy Manual guidance on the one-year physical presence requirement for asylee/refugee adjustment. In a comment letter on February 16, 2023, ILRC commended USCIS on the changes. We believe they will increase fair and consistent adjudications for asylees and refugees seeking adjustment.
Practice Advisory
Resources
Publication Date
01/05/2023
Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory and rulemaking process as well as the authorities that govern this process as well as a guide to commenting on proposed rules and practical tips for navigating the resources available to the public.
Practice Advisory
Resources
Publication Date
11/03/2022
This alert describes recent changes to the naturalization disability waiver. On October 19, 2022, USCIS announced major revisions to the Form N-648, which is used by naturalization applicants who seek a waiver of the English and/or civics requirement based on a disability or impairment that causes the applicant to be unable to learn or demonstrate knowledge of English and/or civics. USCIS also published major changes to the accompanying USCIS Policy Manual guidance.
Public Comments / Sign-on Letters
Resources
Publication Date
10/26/2022
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
06/22/2022
This advisory describes the various ways that persons with disabilities can navigate the naturalization process, including requesting accommodations, seeking an N-648 disability waiver of the English/civics requirement, and applying for an oath waiver. The advisory describes recent changes to the USCIS’s policy manual and upcoming changes to the N-648.
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
Note: The Trump administration has heavily curtailed parole programs into the United States. For example, U.S. Citizenship and Immigration Services (USCIS) discontinued authorizing advance parole for DACA recipients; the administration terminated the Central America Minors (CAM) Refugee/Parole Program; and the administration is considering a termination of military parole-in-place. Thus, much of the content of this manual is useful for assessing prior grants of parole, but the content no longer reflects the current state of parole practice. Advocates continue to challenge the actions of the current administration and some of these decisions are subject to lawsuits.
Webinar
Webinar
Level: IntermediateThis webinar will cover the requirements for obtaining non-LPR cancellation of removal, focusing on how to meet the exceptional and extremely unusual hardship standard. Using examples, this webinar will discuss common types of hardship presented in non-LPR cancellation cases and provide practice tips for meeting the stringent hardship standard.Presenters
Publication
Publication
This manual continues to be one of ILRC’s best-selling resources because it contains a unique combination of legal analysis and practical tips. Consisting of six chapters and extensive appendices, this indispensable guide thoroughly addresses how to prepare a hardship case. This manual describes in detail the different standards applicable in hardship law, as well as the factors involved in that analysis; and it demonstrates how to work with clients to elicit and to convey the information that will win a hardship claim. In addition, the appendices include sample non-LPR cancellation cover letters and index lists; sample waiver cover letters and index lists, including sample provisional waiver materials; declaration guides; sample support letters; a FOIA practice advisory and sample FOIA requests; a provisional waiver practice advisory; a summary of hardship case law; and many other essential tools for both private attorneys and practitioners working on cases that require a hardship showing.