Resources
Publication Date
12/14/2021
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).
Resources
Publication Date
10/14/2021
The ILRC submitted comments to the U.S. Department of State (DOS) on October 14, 2021. DOS had solicited public input on recommendations for changes needed at the agency in a federal register notice on September 16, 2021.
Resources
Publication Date
08/26/2021
Mortality from COVID-19 meant that many immigrant families grieved over lost family members, and simultaneously were faced with the loss of an immigration benefit that may have depended on the deceased relative. This practice advisory will explore the options that may remain for a surviving relative who has lost someone to COVID-19 where an immigration benefit was also involved. The three possible remedies are: Survivor benefits for widow(er)s of U.S. citizens (USCs) under INA § 201(b)(2)(A)(i); other benefits for certain surviving relatives under INA § 204(l); and humanitarian reinstatement of an approved I-130 petition.
Resources
Publication Date
07/29/2021
The Violence Against Women Act (VAWA) allows certain noncitizens (regardless of gender) abused by a family member to seek immigration relief by "self-petitioning" based on the abusive relative's immigration status, without having to involve that abusive family member in the immigration process, and based on that VAWA designation, apply for lawful permanent resident status (a "green card"). Obtaining lawful permanent resident status through VAWA is generally a two-step process: one, filing the VAWA self-petition and two, filing the application for adjustment of status based on VAWA. This practice advisory goes through the second step, filing an adjustment application based on VAWA. VAWA adjustment applicants have slightly modified requirements from other family-based adjustment applicants, including less rigorous general requirements and certain special exceptions and waivers to some of the grounds of inadmissibility.
Resources
Publication Date
07/21/2021
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.
Resources
Publication Date
07/08/2021
In June 2021, the U.S. Supreme Court issued a decision in Sanchez v. Mayorkas that addressed a circuit split regarding whether a grant of TPS was an “admission” such that it allowed an applicant for permanent residence to meet the threshold “inspected and admitted or paroled” requirement to adjust status within the United States. Previously, the Sixth, Ninth, and Eighth Circuit Courts of Appeal had held that it did, whereas the Eleventh, Fifth, and Third Circuits had held that it did not. In Sanchez, the Supreme Court found that a grant of TPS is not an “admission” for adjustment purposes. This practice alert provides a brief summary of the Sanchez decision, discusses who is and is not impacted by the decision, and provides some suggestions for next steps and other resources.
Resources
Publication Date
07/07/2021
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.
Resources
Publication Date
06/24/2021
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.
Resources
Publication Date
06/22/2021
A conviction of a crime involving moral turpitude (CIMT) may or may not hurt an immigrant, depending on a number of factors set out in the Immigration and Nationality Act: the number of CIMT convictions, the potential and actual sentence, when the person committed or was convicted of the offense, and the person’s immigration situation. A single CIMT conviction might cause no damage, or it might cause a variety of penalties ranging from deportability to ineligibility for relief to mandatory detention.
Resources
Publication Date
06/18/2021
On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client’s immigration case. They include:
Resources
Publication Date
06/09/2021
Most H-4 spouses of H-1B nonimmigrants are ineligible for employment authorization and thus are financially dependent on the principal visa holder spouse. This dependence can be used as a tool for abuse and control in relationships and exacerbate domestic violence situations. INA § 106 allows survivors of domestic violence who are spouses of certain nonimmigrant visa holders to be eligible for work authorization independent of their spouse. This advisory provides an overview of employment authorization eligibility under INA § 106 for H-4 spouses of H-1B visa holders who are survivors of domestic violence.
Resources
Publication Date
05/21/2021
This page provides several tools: an updated and a comprehensive Practice Advisory on the legal issues; a Practice Alert on the Policy Manualamendment; community flyers that you can download and use to help warn clients and community; and a sample written warning about working in the industry from the California Employment Development Department.
Resources
Publication Date
05/21/2021
The majority of states have legalized some use of marijuana, but marijuana remains a federal Schedule I controlled substance. Therefore, any conduct involving marijuana can be very dangerous for immigrants – including conduct that is permitted under state law. Admitting that one has “legally” used marijuana, being employed in the fast-growing cannabis industry, and any conviction can cause serious immigration problems. A prior marijuana conviction must be vacated based on some error; the fact that the state has since legalized the conduct does not erase it, and many state “mass expungement” actions also do not. Evidence that a person has sold marijuana can harm any noncitizen, in some cases including immigrant youth. Marijuana issues can cause bars to eligibility for affirmative applications such as adjustment of status and naturalization; admission at the border; and cancellation and other applications in removal proceedings.
Resources
Publication Date
05/19/2021
In April, the U.S. Citizenship and Immigration Services (USCIS) put out a request for public input regarding Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services. The ILRC has submitted these comments.
Resources
Publication Date
05/12/2021
The Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted these comments in connection with the U.S. Citizenship and Immigration Services’ (USCIS) Request for Public Input published in the Federal Register on April 19, 2021. The Strategy Group is a focused coalition of local, state, and national-level organizations that provide direct legal and other community-based services to Liberians in the United States and includes experts in USCIS operations and implementation issues and Liberian cultural competency.
Resources
Publication Date
05/05/2021
Los recientes anuncios sobre las propuesta sobre la reforma migratoria en el Congreso han dejado a muchos miembros de la comunidad con preguntas, y aunque ninguno de estos proyectos de ley son ley, muchos se preguntan cómo pueden prepararse para un caso de inmigración en el futuro. Este recurso proporciona tres pasos que los miembros de la comunidad pueden tomar ahora para comprender sus opciones legales y lo que pueden esperar al buscar apoyo legal.
Resources
Publication Date
05/05/2021
As you explore potential immigration options for you or your family, finding trusted support from a reputable immigration attorney or other legal service provider can be difficult. Just as payday lenders often prey on under-resourced communities, or predatory scammers pose as immigration officials to demand gift cards, certain businesses can mislead the public by offering immigration legal services despite being unqualified and illegal to do so. This guide is designed to help you identify some key red flags that may indicate a business is not acting in your best interest or is otherwise not providing reliable legal advice or services.
Resources
Publication Date
03/29/2021
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.
Resources
Publication Date
03/24/2021
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.
Resources
Publication Date
03/19/2021
In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance.[i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a dozen types of immigration benefits, including many categories of employment authorization, adjustment to permanent residence, temporary protected status and change of status applications.
Resources
Publication Date
03/16/2021
The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela which is also currently in effect through July 20, 2022.
Resources
Publication Date
01/04/2021
Enacted on December 20, 2019, the Liberian Refugee Immigration Fairness (LIRF) act began a program that will allow many Liberians living in the United States to apply for permanent residence. The statute originally had a one-year application window that ended on December 20, 2020, but Congress extended the application period another year to December 20, 2021 in the Consolidated Appropriations Act, 2021.
Resources
Publication Date
12/16/2020
ILRC filed comments opposing USCIS’s changes to discretion in adjustment because they violate existing case law. The changes represent an attempt to impose new eligibility requirements that are also a violation of the Administrative Procedure Act (APA) because they went into effect without the required regulatory notice and comment process. The agency has provided no explanation for this abrupt departure from prior procedure and application of the law. In addition, the policy manual will unduly burden eligible applicants and USCIS adjudicators by requiring a separate, lengthy adjudication of thirty specific discretionary factors under a heightened burden of proof that requires adjustment applicants to show “clearly and beyond doubt” that they are eligible for adjustment. The new emphasis on a balancing of a myriad of factors invites arbitrary and inconsistent application of the law.
Resources
Publication Date
11/05/2020
On October 30, 2020, ILRC filed a comment opposing an EOIR proposed rule that would have a substantial negative impact on legal orientation programs operated by non-profit immigration legal services programs.
Resources
Publication Date
10/09/2020
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.
Resources
Publication Date
10/02/2020
Alert: On September 29, 2020 the Fee Rule was enjoined nation-wide in its entirety by a District court in the Northern District of California, ILRC et al. v. Chad F. Wolf, et al. (ND California) (Case 4:20-cv-05883-JSW) (Sept. 29, 2020).