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
Resources
Resources
Publication Date
05/08/2024
On April 1, 2024, the United States Citizenship & Immigration Services (USCIS) released a new version of Form N-400, Application for Naturalization. All applicants for naturalization must use this new form. To help attorneys, USDOJ accredited representatives, and others learn how to complete this new version of the form, we have developed a new step-by-step guide. It provides instructions on how to complete the Form N-400 and includes tips on how to best approach common issues related to eligibility and possible red flags, as well as practical considerations for submission.
Practice Advisory
Resources
Publication Date
03/22/2024
FAQs & Explainers
Resources
Publication Date
02/12/2024
On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) released a final fee rule that will go into effect April 1, 2024. This Community Alert delves into the provisions of the new rule including increased fees, expanded fee exemptions, and changes to fee waiver policy. This downloadable guide also offers some key takeaways and resources to find support for your immigration case.
Practice Advisory
Resources
Publication Date
02/09/2024
Practice Advisory
Resources
Publication Date
01/24/2024
Recently, USCIS has conflated guidance for naturalization disability waivers of English and civics with waivers of the oath requirement for persons with disabilities. The confusion stems from USCIS’s addition of a question on oath waivers on the N-648 disability waiver form. These are separate waivers with distinct purposes, legislative histories, and administrative guidance.
This practice advisory will describe the enactment of the oath waiver and current USCIS guidance as well as describe the ways that it is distinct from a waiver of the English/civics requirement.
This practice advisory will describe the enactment of the oath waiver and current USCIS guidance as well as describe the ways that it is distinct from a waiver of the English/civics requirement.
FAQs & Explainers
Resources
Publication Date
01/09/2024
If you are hoping to attain lawful permanent resident status (getting a green card) or apply for an immigrant visa as a “child” and your 21st birthday is coming up, read this Community Alert to learn about how changes to USCIS’ interpretation of a law called the Child Status Protection Act might impact you.
Practice Advisory
Public Comments / Sign-on Letters
Resources
Publication Date
11/07/2023
ILRC led a sign-on effort to provide comment to USCIS on the proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment, submitted November 7, 2023, received over 120 signatures and requested that the agency revise the form for efficiency and to remove barriers to eligible applicants.
Public Comments / Sign-on Letters
Resources
Publication Date
11/07/2023
On November 7, 2023, the ILRC submitted this comment on USCIS’s proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment provides detailed suggestions for alterations to the proposed form as well as suggested language the agency should include. ILRC urged the agency to revise the form to reduce barriers to permanent residence for applicants and adjudicators and to focus on ensuring that the form is accessible for pro se applicants.
Practice Advisory
Practice Advisory
Related Products
Webinar
Webinar
We will review how the CSPA protects certain family-based beneficiaries of immigrant visa petitions and how to calculate the CSPA age. We will also review when the Visa Bulletin is involved, and when and how visa regression affects the CSPA age. Finally, we will touch on the rules regarding recapturing priority dates, discuss strategies for clients in danger of “aging out” who may not be protected by CSPA, and address a recent USCIS policy update pertaining to CSPA.
Webinar
Webinar
Confused about the difference between the I-601 and I-601A, I-212 versus 212(h) waivers, or how exactly one may waive the permanent bar? This webinar will cover some of the most common waivers of inadmissibility including waivers of unlawful presence, fraud and misrepresentation, 212(h) waiver of certain criminal grounds, and more. We will explain the requirements and process for seeking each of these waivers and close with some practice tips for preparing a strong waiver application.
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.
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.