How Will DACA Help Me?

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.

Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States

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.

Practice Advisory for Criminal Defenders: Certain Criminal Offenses May Bar Persons from Applying for the New Deferred Action Status Program Announced by President Obama

This advisory for criminal defense counsel outlines defense strategies to preserve a client’s possible eligibility for deferred action.

Understanding the Criminal Bars to the Deferred Action Policy

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.

DACA Criminal Bars Chart

Arguing That a California Infraction is Not a Conviction; Test for Non-Misdemeanor Offenses

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).

The Quick Reference Chart and Notes for Arizona Offenses

Updated October 2012! A guide to assist public defenders and other to determine the immigration consequences of selected Arizona offenses.

LPR Bars to § 212(h) – To Whom Do They Apply?

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.

Ninth Circuit Decides Key Issues about Categorical Approach; Overturns Sandoval-Lua

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.

USCIS Q&A Notes from 2012 Memphis FBA Conference

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.

US Department of State: “Visas for Victims of Criminal Activity”

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-categori…

USCIS: “Consular Processing for Overseas Derivative T & U Nonimmigrant Status Family Members: Questions and Answers”

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.

Prosecutors' Consideration of Immigration Consequences in Light of Padilla

Prosecutors' Consideration of Immigration Consequences of Crimes in Light of Padilla v. Kentucky.

VAWA Memo for Self-Petitioning Parents of Abusive U.S. Citizen Sons & Daughters

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.

VAWA Memo for Self-Petitioners Who Are over 21 but under 25

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.

Special Immigrant Juvenile Status (SIJS)

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

Pro Se Manual for U Applicants in Detention (English & Spanish versions)

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.

Policy Memorandum: Adjudication of Immigration Benefits for Transgender Individuals

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.

Chart: Eligibility for Waiver in Removal Proceedings under the Former INA § 212(c)

Eligibility for Waiver in Removal Proceedings under the Former INA § 212(c), Pursuant to Judulang v. Holder

Representing LGBT Immigrants Webinar Series

Supplementary materials to the Representing Lesbian, Gay, Bisexual and Transgender Immigrants: Navigating the Challenges Faced by LGBT Clients Seeking Lawful Immigration Status webinar series.

Advisory: Ninth Circuit Panel Reverses Itself in Pagayon II

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.

Immigration Consequences of a Plea to Calif. H&S § 11357(b) Now an Infraction

Practice Advisory: California Health and Safety Code § 11357(b) prohibits possession of not more than 28.5 grams of marijuana. After January 1, 2011 it will be treated as an infraction.

A Case Study of the ILRC

Legal Services Support Centers and Rebellious Advocacy: A Case Study of the Immigrant Legal Resource Center, by Bill Hing.

Conviction on Direct Appeal of Right Remains a “Conviction” for Immigration Purposes

Planes v. Holder (9th Cir. July 5, 2011): Criminal defenders must assume that filing a timely direct appeal of right will not prevent a conviction from having immigration effect. This is a change in the law, created by Planes v. Holder, supra. Advocates will file a petition for rehearing and there is a good chance that this will be granted, and a reasonable chance, although no guarantee, that Planes may be reversed.

Practice Advisory: Lujan & Nunez, July 14, 2011

Warning: Immigrant Defendants with a First Minor Drug Offense: “Rehabilitative relief” will no longer eliminate a first conviction for simple possession for immigration purposes, unless the conviction occurred before 7/14/11

Department of Labor U Visa Process and Protocols Q&A

What are U Visas? U Nonimmigrant Visas were created by the Victims of Trafficking and Violence Prevention Act of 2000. Victims of qualifying criminal activities who have suffered substantial physical or mental abuse may apply for a U Visa if they are willing to assist law enforcement or other government officials in the investigation or prosecution of those crimes.

Policy Memorandum on Extension of Status for T & U Nonimmigrants

April 19, 2011 USCIS Policy Memorandum: Extension of Status for T and U Nonimmigrants; Revisions to Adjudicator’s Field Manual (AFM) Chapter 39.1(g)(3) and Chapter 39.2(g)(3) (AFM Update AD11-28)

Policy Memorandum on Revocation of VAWA-Based Self-Petitions

December 15, 2010 USCIS Policy Memorandum: Revocation of VAWA-Based Self-Petitions (Forms I-360); AFM Update AD10-49

Policy Memorandum on Extension of U Nonimmigrant Status for Derivative Family Members

June 22, 2010 USCIS Policy Memorandum: Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Form I-539); Revisions to Adjudicator’s Field Manual (AFM), New Chapter 39.1(g)(2)(i) (AFM Update AD10-08)

Anti-Fraud Comics

ILRC’s Anti-Fraud comic books are being made available to non-profit agencies and organizations throughout the United States. These agencies are gathering places for families and communities and are therefore well-placed to make these comic books available to the people who will most benefit from them.

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