Resources
Publication Date
12/18/2018
On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a memorandum stating the expanded circumstances in which the agency will begin issuing a Notice to Appear (NTA), including upon denying most affirmative applications. This practice advisory provides an overview of the new USCIS NTA Memo and gives tools for identifying possible red flags that could trigger enforcement actions by Immigration and Customs Enforcement (ICE). It also identifies some precautions that advocates should take when preparing affirmative applications in light of this new policy.
Resources
Publication Date
11/13/2018
This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change.
Resources
Publication Date
11/05/2018
In December 2017, the Department of Homeland Security announced its intent to revoke Employment Authorization Documents (EAD) for H-4 visa holders. A Notice of Proposed Rulemaking is expected to be published in the coming months. We encourage people to oppose this senseless, cruel, and unnecessary rule. This rule will strip work authorization from over 100,000 women, forcing many to choose between work, family, and their home. This resource provides a description of the rule and its disproportionate effect on AAPI women, why you should oppose the rescission, and what you can do to stop this harmful proposal.
Resources
Publication Date
11/05/2018
This practice advisory covers how to prepare consular processing clients for questions at the immigrant visa interview about alien smuggling, receipt of public benefits, drug use, tattoos, and other issues.
Resources
Publication Date
08/31/2018
This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration options available to adults as well. This is not meant to be an exhaustive resource. We recommend consulting with an immigration expert before filing any applications for immigration relief.
Resources
Publication Date
07/20/2018
Every year, millions of people wait for Congress to advance a solution that would provide stability for undocumented persons and their families. The numbers left waiting and worrying without a pathway to citizenship, protection from deportation, or the ability to work under the Trump Administration has only increased with the limitations on the Deferred Action for Childhood Arrivals (DACA) program and the termination of Temporary Protected Status (TPS) for certain countries.
Resources
Publication Date
06/29/2018
This advisory discusses how the Child Status Protection Act (CSPA) protect children of permanent residents in their applications for permanent residency. We discuss how a child’s age is calculated and how they might move through different preference categories through their process to become residents.
Resources
Publication Date
06/25/2018
Every family should have a Family Preparedness Plan. While it is our hope that you never have to use your plan, it is a good practice to have one in place to help reduce the stress of the unexpected. This step-by-step guide will help you create a plan for your children in the event you are not available to care for them.
Resources
Publication Date
06/07/2018
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.
Resources
Publication Date
06/06/2018
Cancellation of removal for Non–Permanent Residents under INA § 240A(b)(1) is a critical defense to deportation available to certain non-citizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card, but the eligibility requirements for non-LPR cancellation are distinct from other means of applying for a green card, and also from other types of cancellation of removal. It is important for immigration practitioners to be familiar with non-LPR cancellation, as it may be the only form of immigration relief available for many people in removal proceedings who entered the United States without inspection. This practice advisory will walk through the basic requirements to help practitioners screen for cancellation eligibility.
Resources
Publication Date
05/21/2018
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.
Resources
Publication Date
01/31/2018
This advisory is a follow-up to the ILRC’s free webinar on hardship in waivers from the fall, 2017. Given the volume of questions received during the webinar and overall strong interest in this topic (over 1,000 people registered for this webinar!), this advisory covers the basics and also incorporates frequently asked questions. In this practice advisory you will find an overview of hardship in waivers: when you need to prove hardship, whose hardship counts, and what is hardship. It also covers tips and strategies for analyzing and proving “extreme hardship” in your case by using USCIS guidance, case law, and working closely with your client.
Resources
Publication Date
01/04/2018
USCIS recently updated the Form I-485, Application to Adjust Status. Among other notable changes, the new form has increased in length from six pages to 18 pages, the form instructions are now 42 pages, and the section on eligibility and inadmissibility has been expanded to include entirely new questions about working without authorization, false claims to U.S. citizenship, and unlawful voting. This advisory provides an overview of changes to the Form I-485, and discusses a few new or changed questions that we think merit particular attention. The changes we discuss apply to both the June 2017 and December 2017 revisions to the Form I-485.
Resources
Publication Date
01/02/2018
This practice advisory is designed to introduce practitioners to the concept of Conditional Permanent Residence, and to explain the requirements and processes for removing the conditions on residence, thereby enabling the conditional resident to obtain Lawful Permanent Residence that can last indefinitely.
Resources
Publication Date
11/15/2017
The recent Ninth Circuit Court of Appeals decision, Ramirez v. Brown, provides an opportunity for certain people with Temporary Protected Status (TPS) to apply to adjust status. This advisory explains the implications of the Ramirez decision, with examples to illustrate. This advisory is particularly significant for people, such as TPS holders from Nicaragua, whose TPS will end.
Resources
Publication Date
09/25/2017
Sobre la base de una reciente decisión del Noveno Circuito o viajando por Advance Parole, una persona que entró inicialmente sin inspección en los EEUU puede ajustar de estatus y solicitar la residencia permanente. Este aviso en español contiene información para personas con el estatus de protección temporal y para personas que viajaron con Advance Parole sobre cómo pueden ser elegibles para este proceso.
Resources
Publication Date
07/18/2017
Alien smuggling can affect an immigrant in several different ways: Alien smuggling is a ground of inadmissibility, a ground of deportability, a bar to good moral character, and a conviction for alien smuggling is an aggravated felony. Screening for alien smuggling is particularly important in light of Secretary of U.S. Department of Homeland Security John Kelly’s memoranda directing his agency to prioritize immigration enforcement against alien smugglers, and U.S. Attorney General Jefferson Sessions’ directive to federal prosecutors to prioritize prosecution of alien smuggling. This practice advisory will walk through what “alien smuggling” is, how it can affect an immigrant client in each of these contexts, and practice tips for when alien smuggling might come up in your client’s case.
Resources
Publication Date
03/01/2017
Every family should have a Family Preparedness Plan. While it is our hope that you never have to use your plan, it is a good practice to have one in place to help reduce the stress of the unexpected. This packet will help everyone create a Family Preparedness Plan, regardless of immigration status. However, because of the additional challenges immigrant and mixed status families face, we also have additional advice for immigrants.
Resources
Publication Date
01/01/2017
In light of the continued failure of the U.S. Congress to pass meaningful immigration reform and the continued dysfunction of our immigration system, President Obama announced a series of immigration policy changes though executive action during his presidency. This manual discusses the law, policy, and practice regarding the parts of President Obama’s executive action that have been implemented as of the time of this writing. These new changes, even if short-lived, can help many. They can provide individuals with much-needed immigration relief, and also provide a blueprint for future immigration policy and legislation. Many programs mentioned in this manual, such as parole, DACA, and the enforcement priorities, are in flux, particularly after the 2016 election. We therefore invite you to visit the Immigrant Legal Resource Center’s website at www.ilrc.org for updates and to join our education listserv by subscribing at www.ilrc.org/subscribe to receive email messages about updates to this manual as well as in-person and webinar trainings opportunities related to immigration executive actions.