Resources
Publication Date
05/24/2013
Mark Silverman, ILRC Director of Immigration Policy, discusses concerns about fraud under the SAW program and why fraud is less likely to occur under a future legalization program.
Resources
Publication Date
05/21/2013
The long-delayed congressional debate over vital immigration reform begins this week following the filing of a bipartisan measure that creates a roadmap to citizenship for a portion of the 11 million immigrants now in the country without documents.
Resources
Publication Date
05/21/2013
Resources
Publication Date
05/08/2013
This resource describes all of the documents that will help in proving the requirements and where to obtain them. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria Dominguez, for their efforts in helping create this resource.
Resources
Publication Date
05/03/2013
"The Immigration and Naturalization Service, Community-based Organizations, and the Legalization Experience: Lessons for the Self-Help Immigration Phenomenon,” is a law review article written by ILRC’s founder, Bill Hing, in which he discusses lessons learned from the Immigration Reform and Control Act of 1986.
Resources
Publication Date
05/01/2013
The ILRC, along with WDA, IDP, and NIP, summarize and discuss some of our immigration system’s most egregious aspects, outline five main principles to advocate for with immigration reform, and caution against possible new harmful provisions that we would have to fight for decades to come.
Resources
Publication Date
04/12/2013
Outlines all of the benefits that come with obtaining DACA approval. Special thanks to our Spring 2013 law students, Andrew Briggs and Maria Dominguez, for their efforts in helping to create this resource.
Resources
Publication Date
03/12/2013
In Chaidez v. United States, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky, 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla, the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the immigration consequences of a guilty plea.
Resources
Publication Date
10/26/2012
This advisory for criminal defense counsel outlines defense strategies to preserve a client’s possible eligibility for deferred action.
Resources
Publication Date
10/26/2012
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
Resources
Publication Date
10/26/2012
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
Resources
Publication Date
10/15/2012
Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar, 25 I&N Dec. 850 (BIA 2012).
Resources
Publication Date
10/04/2012
Updated October 2012! A guide to assist public defenders and other to determine the immigration consequences of selected Arizona offenses.
Resources
Publication Date
09/17/2012
Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012). Section 212(h) of the INA1 is an important waiver of crimes-based grounds ofinadmissibility.
Resources
Publication Date
09/17/2012
The Ninth Circuit En Banc Decides Key Issues About the Categorical Approach; overturns Sandoval-Lua: Young v. Holder __F.3d__ (9th Cir. Sept. 17, 2012) (en banc). This quick Advisory provides the headlines from an important Ninth Circuit case published today. Further advisories may provide a more in-depth analysis.
Resources
Publication Date
05/25/2012
These notes were taken at the May 18-19, 2012 conference and contain lots of important practice questions, updates and filing tips for U visa cases.
Resources
Publication Date
05/15/2012
This page from DOS provides information on how to apply for a U nonimmigrant visa, the required documents and fees, visa ineligibility and more.https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visas-for-victims-of-criminal-activity.html
Resources
Publication Date
05/15/2012
This Q&A fact sheet from USCIS provides information on making the appointment and preparing for the interview for U nonimmigrants who need to consular process.
Resources
Publication Date
05/14/2012
Prosecutors' Consideration of Immigration Consequences of Crimes in Light of Padilla v. Kentucky.
Resources
Publication Date
05/02/2012
On August 30, 2011, USCIS issued a policy memorandum on eligibility to self-petition as a battered or abused parent of a U.S. citizen.
Resources
Publication Date
05/02/2012
On September 6, 2011, USCIS issued a policy memorandum on adjudications of VAWA self-petitions for applicants who are over 21 but under 25 years of age.
Resources
Publication Date
05/01/2012
Highlighting Changes Implemented by the Trafficking Victims Protection and Reauthorization Act (03/2009): These are materials from our March 2009 webinar which highlighted important new changes implemented by the Trafficking Victims Protection and Reauthorization Act of 2008 (signed into law on December 23, 2008) to the eligibility requirements for filing a Special Immigrant Juvenile Status (SIJS) petition. Expert practitioners provided strategies to overcome challenges posed in obtaining SIJS, including obtaining juvenile court orders from dependency, delinquency, and probate courts and obtaining specific consent to apply for SIJS while a child is in federal custody. If you are interested in participating in this webinar if held in the future please email seminars@ilrc.org.
Resources
Publication Date
05/01/2012
This 77-page guide contains checklists, step-by-step help and sample materials for detained pro so applicants (those without lawyers) who are representing themselves in filing a U visa application. It was produced by the Immigrants’ Rights Clinic of Stanford Law School on behalf of Centro Legal de la Raza in Oakland, California.
Resources
Publication Date
04/24/2012
This Policy Memorandum articulates USCIS policy regarding assigning appropriate gender designations on documents issued to transgender individuals and the adjudication of benefits applications involving the marriage of transgender individuals.
Resources
Publication Date
03/28/2012
Eligibility for Waiver in Removal Proceedings under the Former INA § 212(c), Pursuant to Judulang v. Holder
Resources
Publication Date
01/06/2012
Supplementary materials to the Representing Lesbian, Gay, Bisexual and Transgender Immigrants: Navigating the Challenges Faced by LGBT Clients Seeking Lawful Immigration Status webinar series.
Resources
Publication Date
12/13/2011
Testimony before an IJ may not be used to characterize an offense, or to link two documents from the record of conviction. A Ninth Circuit panel has withdrawn a very bad opinion on the modified categorical approach and substituted a substantially better one.