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A Notice to Appear (NTA), Form I-862, is a charging document that the Department of Homeland Security (DHS) issues and files with the immigration court to start removal proceedings under section 240 of the Immigration and Nationality Act (INA) against an individual, known in removal proceedings as the “respondent.” The NTA serves many functions in an immigration case, like explaining why the government thinks the respondent maybe deportable and gives notice to the respondent. This practice advisory will go over some of the information you should find on the NTA. This is a general introduction on issues to look out for when representing someone in immigration court.  

The Liberian Refugee Immigration Fairness  Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.

This reference chart provides a quick comparison between the most common forms of relief for immigrant survivors of abuse: VAWA, U visas, T visas, Special Immigrant Juvenile Status, and Asylum.

Two immigration statuses that may overlap are Asylum and Temporary Protected Status (TPS) because they both help people who are afraid of returning to their home country. While these two are different in a few ways, it is useful to know what each option offers and that applying for both is allowed, so long as an applicant is eligible. This brief guide delves into the ways these two options might intersect and what to keep in mind as individuals consider each type of status.

This practice alert provides a brief overview of some of the main changes practitioners can expect with the proposed change to fee waiver eligibility and process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. Given that these significant changes to the fee waiver process will make it more difficult and time-intensive to establish inability to pay an immigration filing fee, we urge practitioners to advise clients who are eligible for a fee waiver based on receipt of means-tested benefits to apply as soon as possible, before this option is eliminated.

In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI prior (regardless of injury), and domestic violence bars based on the underlying conduct.

The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.

Over 300,000 people currently benefit from Temporary Protected Status (TPS) and many have been protected by it for nearly 20 years. However, the current administration is terminating the program for certain countries and is reviewing the designation of several others. This practice advisory describes what TPS recipients and their advocates can do now to understand their legal options. It will review the most common forms of relief, with a particular focus on family-based immigration and how recent federal court cases allow some TPS recipients in the 6th (Flores) and 9th (Ramirez) circuits to adjust status in the United States.

This community resource provides a brief explanation of the Immigration Court experience. It gives an overview of what happens in Immigration Court, how to confirm information about a case in Immigration Court, and what a person in removal proceedings should do if they do not have an attorney to represent them at an upcoming hearing. This information is useful for community members and advocates working with the immigrant community.

Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection. It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the advisory contains a useful chart which compares asylum, withholding of removal, and CAT.

In the summer of 2020, the Department of Homeland Security (DHS) published two regulatory rules relating to eligibility for employment authorization documents (EADs) for individuals with pending asylum applications. Both rules went into effect in August 2020. This advisory provides a summary of the rules and the preliminary injunction currently in effect for members of Casa de Maryland (CASA) and Asylum Seeker Advocacy Project (ASAP). The end of this advisory contains a helpful chart for quick reference, outlining current eligibility requirements for an EAD based on a pending asylum application, and which provisions are temporarily enjoined by the case Casa de Maryland v. Wolf, No. 8:20-CV-02118-PX, 2020 WL 5500165 (D. Md. Sept. 11, 2020), for certain organizational members.

This practice advisory provides an overview of TPS and focuses on a framework for analysis for the firm resettlement  bar to eligibility. It  also discusses the impact of dual nationality on TPS applicants.

This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change.

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 advisory lays out what community members need to know and should do now.

On June 30, 2020, the Third Country Asylum Rule, or asylum transit ban, was found unlawful and struck down nationwide in CAIR Coalition v. Trump. This advisory discusses the asylum transit ban, the CAIR Coalition decision, and possible strategies for people who have been denied under the ban to reopen their cases and receive asylum.

In July 2021, African Communities Together, the UndocuBlack Network, and the Immigrant Legal Resource Center submitted a memo to USCIS outlining the reasons that an expired Liberian passport should be considered primary evidence of nationality for LRIF eligibility.

This report details findings from a national survey of legal practitioners concerning the increased use of gang allegations against young immigrants as a means of driving up deportation numbers, at the encouragement of the Trump administration. The report suggests emerging best practices for immigration attorneys to employ in both fighting against unfounded gang allegations and working to mitigate the impact of prior gang involvement.

This practice advisory outlines the requirements and process of enrolling in Temporary Protected Status (TPS) for the first time.  It provides an overview of the basic requirements for TPS and identifies red flag issues that require careful analysis. It provides guidance on the TPS application process, including preparing a waiver of inadmissibility. It also offers practical guidance about when to file in immigration court and when an eligible individual may qualify for late initial registration.

The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O-, as well as policy changes by the Trump administration have sought to strip away this crucial protection from many child asylum seekers. Because of these changes and legal challenges by immigrant youth advocates, the current landscape of initial UC asylum jurisdiction is in flux. This practice advisory provides an overview of the current state of UC asylum jurisdiction following the Matter of M-A-C-O- decision and issuance of the Lafferty Memo. It also discusses the ongoing JOP v. DHS litigation and gives some arguments and tips for practitioners to help them advocate for their UC clients to receive the statutory protections afforded by the TVPRA. 

Although the TVPRA exempts unaccompanied children (UCs) from the one-year filing deadline for asylum, the current administration has been attempting to erode these protections. As a result, many UCs are at risk of losing their statutory protections and being subjected to the one-year filing deadline. This practice advisory provides UC advocates with an overview of the deadline, the exceptions for changed and extraordinary circumstances, and specific tips on satisfying this requirement in UC cases.

On March 16, 2021, ILRC and seven other coalition members of the Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted recommendations to the Administration and USCIS leadership for equitable implementation of LRIF. The group requested a meeting with the government to discuss these recommendations.

This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief. See also ILRC, Immigration Relief Toolkit (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 this hearing. This advisory and accompanying checklist are designed to provide a quick guide for advocates to flag the issues that need to be addressed when representing clients at a master calendar hearing.

This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options.  Accompanying the intake form are notes to assist practitioners in spotting issues and relief options.

On August 26, 2019, the Department of Justice, Executive Office for Immigration Review (EOIR) published an interim final rule, effective immediately, with a request for public comments by October 25, 2019. ILRC posted a templated comment urging programs to send in their own responses.

USCIS attempted to drastically limit fee waiver availability and fee waiver standards through the 2020 fee rule. The agency also tried to limit fee waivers by changing the I-912 fee waiver form. For now, these attempted changes have been stopped by injunctions. Applicants can continue to apply for fee waivers based on the 2011 fee waiver guidance.

Children and youth compose a significant portion of the U.S. immigrant population and often qualify for various forms of immigration relief, many of which involve an application filing fee. Under the Trump administration, USCIS promulgated a final rule intended to dramatically raise fees for many immigration application forms, including those available to young people, and would have limited access to fee waivers. The rule was blocked by federal courts, and after President Biden took office, the Department of Justice decided not to defend the rule, so it never took effect and for now immigration filing fees remain at the previously set amounts. This advisory reviews some of the main forms of immigration relief available to children and youth and the current fees for each, and summarizes the litigation and related efforts that ultimately defeated the Trump fee rule.

This practice advisory discusses how the Child Status Protection Act protects children of asylees and refugees through the immigration process, including the asylum application, the Form I-730, and adjustment.

Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decisions by Immigration Judges (IJs) and identifying issues to raise on appeal to the BIA. The goal is to equip practitioners with a framework to look for errors where the IJ has denied relief or otherwise ordered removal.