Results

Every family should have a family preparedness plan in case of an emergency. It is equally critical for immigrant families to think ahead and set more concrete plans for immigration-related emergencies that may arise.

To assist in this, we've created this toolkit that goes into detail about different childcare options available in case of an absent parent, how to find trusted immigration services in your community, and how to prepare to assert your constitutional rights in the presence of an immigration officer.

ILRC submitted this comment to DHS opposing recent changes to FOIA rules effective January 22, 2026 that restrict public access. DHS published a final rule in violation of the Administrative Procedures Act by unlawfully bypassing public notice and comment. The rule eliminates paper filing of FOIA requests and allows DHS in its discretion to administratively close requests that it deems to insufficiently describe the records sought.

On December 22, 2025, DHS published a final rule impacting processing of FOIA requests by all DHS components. The rule is effective January 22, 2026. Despite the major changes made by the rule, no period of public comment was provided. The rule eliminates paper filing of FOIA requests with DHS as of January 22, 2026. FOIAs to DHS must be filed online after that date. The rule also states that DHS can, in its discretion, administratively close or make “requests for clarification” where it deems the request to be an inadequate description of the records sought.

In recent months, practitioners have been reporting troubling new patterns in FOIA processing of A-file requests. Some people report unusually high rejection rates on Freedom of Information Act (FOIA) requests for reasons related to address requirements. Rejections due to “no record” also have been reported even where the requester is sure that there is a record because they have a partial paper trail of contacts with USCIS. Frequent over redaction of FOIA responses also has been reported. This alert discusses the address issue and suggests how to respond.

ILRC submitted this comment on November 25, 2025 opposing the Interim Final Rule (IFR) eliminating automatic extensions of Employment Authorization Documents (“EADs”). The IFR was improvidently issued without prior notice and comment, is unsupported by data or reasoned analysis, and falsely claims that it is part of a foreign affairs exception intended for regulations which impact international policies.

The Immigrant Legal Resource Center (ILRC) opposes the general elimination of money order and check payments for immigration benefit filings. This change was introduced by a USCIS alert on changes to the USCIS Policy Manual on August 29, 2025, to be effective as of October 28, 2025. The new guidance states that all applications filed October 28, 2025, or after must pay by ACH bank account payment, credit or debit card, or pre-paid card. No bank checks, certified checks, personal checks or money orders will be accepted thereafter.

On September 30, 2025, ILRC submitted this comment to USCIS to oppose the proposed changes to the N-648 and request that they be withdrawn. The changes create a series of substantial obstacles for naturalization applicants applying for a disability waiver of the English/civics requirement. The proposed changes create a form more than twice the length (10 pp.) of the current form (just over 4 pp.) that creates an undue burden on applicants and the medical professional who must complete the N-648. It also doubles the burden of time for USCIS adjudicators who must review this form.

The barrier that these changes would pose is prejudicial to eligible waiver applicants. Standards expressed in the revised form are outside any guidance provided by the statute, regulations and USCIS Policy Manual. The form purports to create law and invents barriers to eligibility in areas where no such law has been established by legitimate guidance.

This practice alert provides an overview of updated USCIS policy on the Child Status Protection Act (CSPA), which affects noncitizens hoping to immigrate through adjustment of status as the “child” of a lawful permanent resident or other derivative “child” beneficiary and who might rely upon CSPA to remain classified as a “child” even if their biological age is 21 or older. On August 8, 2025, USCIS announced that it was reversing a 2023 policy relating to the CSPA. This alert describes the 2023 guidance, current guidance, and CSPA provisions impacted by this change.

This practice alert covers recent U.S. Citizenship and Immigration Services (USCIS) policy statements announced in August 2025 that could affect naturalization applicants.

This practice advisory provides background on the disability waiver of the English and civics requirement for naturalization and describes the June 2025 revisions to the USCIS Policy Manual (PM) on the submission and review of disability waivers. The revised guidance in the PM applies to applications filed on or after the publication date of June 13, 2025. Overall, the PM revisions signal a change in tone that assumes fraud in the disability waiver process is frequent and encourages increased scrutiny by USCIS adjudicators.

On July 28, 2025, the ILRC submitted a comment opposing a new government proposal to add extra questions to nine immigration forms, including applications for naturalization, asylum, and green cards.

On July 16, 2025, ILRC submitted a comment opposing a new U.S. Citizenship and Immigration Services (USCIS) policy that allows the agency to use “derogatory information” against immigration applicants without always disclosing it.

In recent months, the Department of Homeland Security has begun filing thousands of motions to recalendar administratively closed proceedings. This trend is raising questions about how attorneys and accredited representatives can respond to these motions and protect their clients’ interests, particularly in cases that have been administratively closed for many years. This advisory explores those questions and offers strategy considerations when determining how to proceed in each case.

The Freedom of Information Act is a law that established the right of public access to certain executive branch information from the federal government. This step-by-step guide helps advocates and community members better understand how to make such requests to attain data about themselves or others from USCIS.

On April 11, 2025, the new Form G-325R took effect as a general tool to register all previously unregistered noncitizens under an antiquated and rarely invoked provision of the Immigration & Nationality Act, with criminal penalties for willful failure to register. This advisory was written to assist attorneys in discussing registration and the new Form G-325R with clients, including screening for prior registration and assessing the potential consequences of registering or not registering, so that individuals can make informed decisions about how to proceed in light of this new rule.

On May 5, 2025 the ILRC submitted a comment opposing a proposed U.S. Citizenship and Immigration Services (USCIS) rule that would require immigrants to disclose their social media identifiers on application forms.

On May 2, 2025 the ILRC submitted a letter signed by 115 organizations has opposing a U.S. Citizenship and Immigration Services (USCIS) proposed rule to expand the information collected on immigration forms.

On May 2, 2025 the ILRC submitted a comment opposing a proposed U.S. Citizenship and Immigration Services (USCIS) rule that would expand the collection of personal information from immigration applicants.

Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident. Permanent Residence is a status—only an immigration judge can take away your permanent residence. Permanent residents should carry their green card (or at a minimum a copy of it).

The Trump administration’s Registration requirement for most undocumented immigrants is another hateful tactic in its campaign to cause panic and fear throughout the country. The Department of Homeland Security (DHS) has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible. The new registration requirement took effect April 11, 2025.

This practice advisory outlines the process for researching and commenting on federal forms. A previous advisory covers the process specific to commenting on regulations, which has many parallels to the forms comment process. Federal forms and their comment process are often overlooked by advocates, even those who regularly follow changes in regulations and comment on them. However, form changes can be significant and sometimes can be used to change policy by agencies. The statute regulating forms is the Paperwork Reduction Act (PRA).

In its first month, the Trump administration has issued dozens of executive orders (EO) that seek to limit access to the immigration system, target foreign nationals for political gain and sow chaos and fear among immigrant and advocate communities. This explainer focuses on aspects of the EOs that target immigration benefits, processing and adjudication.

Eligibility for U Nonimmigrant Status, commonly known as the “U Visa,” hinges on whether the applicant has been the “victim” of a qualifying crime. The regulations implementing the U visa statute contemplate three categories of “victims” who may qualify for the U visa: direct, bystander, and indirect victims. This practice advisory provides a basic overview of the requirements for U nonimmigrant eligibility. It then discusses the definition of “victim” and three different ways to qualify as a victim for purposes of U visa eligibility. Finally, it addresses derivative eligibility for qualifying family members.

Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.

Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.

This advisory describes supporting documentation for the Parole in Place program under Keeping Families Together. The adjudications for this program are currently on pause due to litigation. Persons hoping to apply should the program resume may gather and prepare supporting documents in advance.