Resources
Publication Date
10/01/2024
Noncitizens who are seeking to obtain Lawful Permanent Residence via family members can do so using two processes—consular processing at a United States consulate or embassy in the person’s home country, or through adjustment of status at a United States Citizenship and Immigration Services (“USCIS”) office in the United States. For those already in the United States, adjustment of status is preferable because they do not have to worry about traveling abroad, triggering the unlawful presence inadmissibility grounds that are triggered by a departure, separating from their family, and are able to benefit from an appeal or review process not available to consular processing cases. Often individuals present in the United States who have a family member who can submit a family-based petition for them, are prevented from adjusting status because of the manner they entered.
Resources
Publication Date
07/24/2024
On June 6, 2024, the ILRC submitted a comment in support of DHS’s temporary final rule (TFR) providing automatic extensions of employment authorization documents. The TFR specifically requested comment on whether the measure should be permanent and how long permanent automatic extensions should be. The ILRC wrote in support of a long and permanent auto-extension policy to ensure that applicants are not harmed by administrative delays that lead to lapses in document validity.
Resources
Publication Date
07/17/2024
New for 2024: Deferred Action for Childhood Arrivals (DACA) may still be in a holding pattern due to ongoing lawsuits in federal court, but the program remains active for those seeking to renew their employment authorization. This brief explainer details the 5 key things to be aware of if you are a DACA recipient.
Resources
Publication Date
07/17/2024
The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.
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Publication Date
06/26/2024
On August 30, 2022, the Biden Administration issued a new rule on Deferred Action for Childhood Arrivals (DACA) that incorporates DACA into the Federal Regulations, a process that serves to codify the program into law. Since its announcement, there have been several questions around who can access DACA now and what it means for all those first-time applicants who are waiting to obtain DACA. This Community Explainer details how the rule impacts current DACA recipients, how ongoing court battles affect how DACA is implemented, and more.
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.
Resources
Publication Date
10/17/2023
If you are a DACA recipient living in California and facing financial challenges, you can get your renewal filing fees covered by connecting with and getting support from a participating direct services organization found in the directory below. Note that this support is only available until the end of 2023.
Resources
Publication Date
09/27/2023
On September 13, 2023, Judge Andrew S. Hanen, a federal judge in the Southern District of Texas, ruled that the Biden administration’s final DACA rule, issued in August 2022, is unlawful. Judge Hanen previously ruled in July 2021 that the 2012 DACA memorandum, which preceded the rule, was. His earlier ruling was affirmed by the U.S. Court of Appeals for the Fifth Circuit, but the appellate court sent the case back to Judge Hanen to consider whether there are any material differences between the DACA rule and the 2012 memo.
This Practice Alert goes over Judge Hanen’s latest ruling. It’s important to note that the amended order does not change the status quo. Current DACA recipients, or those whose DACA has lapsed for less than a year, can continue to renew their DACA and work authorization, as well as apply for Advance Parole. However, first-time DACA applications continue to be blocked and cannot be processed.
This Practice Alert goes over Judge Hanen’s latest ruling. It’s important to note that the amended order does not change the status quo. Current DACA recipients, or those whose DACA has lapsed for less than a year, can continue to renew their DACA and work authorization, as well as apply for Advance Parole. However, first-time DACA applications continue to be blocked and cannot be processed.
Resources
Publication Date
09/18/2023
On September 13, 2023, a Federal District Court in Texas issued a ruling in Texas v. United States declaring that the Deferred Action for Childhood Arrivals (DACA) rule is unlawful. It is important to note that while this judge once again found DACA to be unlawful, the decision does not change the current status of who is eligible to apply. This Community Alert walks through the details, as of September 18, 2023.
Resources
Publication Date
07/11/2023
This FAQ provides an update on immigration application filing fee changes that were recently proposed by U.S. Citizenship and Immigration Services (USCIS).
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Publication Date
06/12/2023
With the future of the DACA policy hanging by a thread due to litigation, DACA employees are wondering whether they can continue earning a living if they were to lose their work authorization. This Community Alert, produced in partnership with Immigrants Rising, lists some policy ideas that employers can implement to continue to support their employees if DACA were to end.
Resources
Publication Date
04/13/2023
This introductory practice advisory explains 245(i), including “grandfathering” and “after acquired,” and includes screening questions to assist in identifying and evaluating possible 245(i) options for your clients.
Resources
Publication Date
03/29/2023
The Deferred Action for Childhood Arrivals (DACA) policy has been fraught with uncertainty in the last couple of years. Despite the many advantages of this program for young people who have grown up in the United States, DACA continues to suffer attacks by conservative entities who argue that DACA was an overreach of executive power, with the most current legal challenge pending in Texas. Because of this, it is important to consider what other long-term options DACA recipients have and what benefits they can acquire while maintaining their DACA deferred action. This practice advisory will first over some options to consider when screening DACA recipients, like some new developments in deferred action grants, and how it is important to screen for parent immigration petitions and applications.
Resources
Publication Date
03/24/2023
This downloadable community explainer provides an overview of the current state of DACA, where the program stands given the uncertainty of pending federal litigation, and what beneficiaries should be considering as we wait for a court decision on the program’s future.
Resources
Publication Date
03/24/2023
This resource provides an overview of the process of traveling on advance parole and returning to the United States through a port of entry. For those granted permission to travel on advance parole, the return process can be intimidating and confusing. We’ve outlined ways to prepare for travel under Advance Parole and tips to make the process as smooth as possible.
Resources
Publication Date
10/10/2022
On October 5, 2022, the Fifth Circuit Court of Appeals issued a decision in the Texas v United States case. In their decision, the Fifth Circuit agreed with Texas and found that the DACA policy is unlawful but sent the case back to the Southern District of Texas to consider the recently issued final DACA rule. The Fifth Circuit maintained the court order allowing those who are eligible to continue to renew their DACA and apply for advance parole while the case is pending. More changes and updates are expected around the DACA policy as we wait for a decision. This resource is a list of frequently asked questions to help community members navigate the changes to DACA.
Resources
Publication Date
09/12/2022
The final Deferred Action for Childhood Arrivals (DACA) rule was published on August 30, 2022 and is set to go into effect on October 31, 2022. This rule is an attempt to “preserve and fortify” the DACA policy as directed by President Biden’s January 20, 2021, memorandum titled “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA).” This practitioner’s guide delves into aspects of the rule and discusses the future of DACA considering the Texas-led lawsuit challenge to the legality of DACA now pending at the Fifth Circuit Court of Appeals, the current injunction barring the adjudication of initial DACA requests, and what to expect in the future.
Resources
Publication Date
08/31/2022
On August 30, 2022, the Biden Administration issued a new rule on Deferred Action for Childhood Arrivals (DACA) that will incorporate DACA into the Federal Regulations. Since its announcement, several questions have been raised around who can access DACA now and what it means for all those first-time applicants who are waiting to obtain DACA. This community resource outlines key points for you to keep in mind as you navigate access to DACA now and when the rule goes into effect on October 31, 2022.
Resources
Publication Date
08/05/2022
As attacks on immigrants continue and the DACA program remains in limbo, now more than ever, it is important that local elected officials take bold action to protect immigrants within their jurisdictions. This guide, co-authored by United We Dream, provides examples of local policies that help protect immigrants from deportation by: (1) reducing arrests, (2) protecting constitutional rights, and (3) appropriating local resources wisely.
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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
Publication Date
04/14/2022
Currently, individuals who have Deferred Action for Childhood Arrivals (DACA) can request and travel with Advance Parole. DACA recipients can request Advance Parole for humanitarian, employment, and education reasons. To qualify, DACA recipients will need to demonstrate that their need to travel falls within one of these categories. This community resource provides an overview of travel with Advance Parole and gives some examples of what may qualify.
Resources
Publication Date
12/16/2021
In certain immigration cases, you may want to submit a Freedom of Information Act (FOIA) request to the U.S. Department of State (DOS), such as to try to find information about previous visa applications and passport records. This Practice Advisory will go over the DOS FOIA process in detail and provide practice tips for obtaining personal records from them, including best practices.
Resources
Publication Date
12/14/2021
A FOIA request can be an invaluable tool in immigration law to help an immigrant and their representative gain a complete understanding of one’s immigration history. 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.
Resources
Publication Date
11/18/2021
On November 18, 2021, the ILRC submitted comments making recommendations to USCIS regarding the agency’s proposed regulation on the Deferred Action for Childhood Arrivals (DACA) program. ILRC focused on recommendations that address the need for USCIS to create standards within this regulation to ensure equitable and consistent treatment for DACA applicants.
Resources
Publication Date
11/12/2021
On September 28, 2021, DHS issued a notice of proposed rulemaking for Deferred Action for Childhood Arrivals. The proposed rule seeks to codify DACA and while this presents real opportunities, there are serious problems with the rule in regard to the criminal bars to DACA, in particular the elimination of expungements for DACA purposes. See proposed rule here.
Resources
Publication Date
10/27/2021
The proposed DACA regulation presents serious problems and real opportunities. See the regulation at 86 Fed Reg 53736 (Sept. 28, 2021), https://www.govinfo.gov/content/pkg/FR-2021-09-28/pdf/2021-20898.pdf.
Resources
Publication Date
10/01/2021
On September 28, 2021, the Department of Homeland Security published a proposed federal regulation announcing its intent to codify Deferred Action for Childhood Arrivals (DACA).
Resources
Publication Date
09/09/2021
This