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.
Anti-Fraud Campaign
Overview of the Anti-Fraud CampaignILRC Announces Major Immigration Fraud Public Awareness Campaign. The ILRC has been a leader in the educational campaign to warn immigrants about immigration fraud. Too often, immigrants fall prey to scam artists that promise them an easy path to legal status only to cheat them out of their hard-earned money and, often, put them at risk of deportation. To combat this problem, ILRC has produced and distributed thousands of graphic novels, or comic books, in English, Spanish and Chinese that warn immigrants about typical immigration fraud scams.
Who Decides? Overview of Chevron, Brand X and Mead Principles
"A brief overview of principles governing deference to an agency may be useful to practitioners new to this area. In immigration law, the immigration judge and the BIA may resolve almost all issues presented in an immigration case, and DHS and the AG will address many issues in regulation or other policy rulings." By Kathy Brady.
The DREAM Act (Español)
El DREAM Act (Acto de Sueño) es la legislación federal propuesta que ayudaría a los estudiantes trabajadores realizarse sus sueños de legalizar su estatus migratorio. Específicamente, el DREAM Act ofrecería un estatus legal y el acceso a la asistencia financiera para los jóvenes que se han graduado de un high school estadounidense o que han recibido el GED, que entraron a los EEUU antes de cumplir los 16 años, y que tienen por lo menos cinco años en los EEUU. Para calificar, cada estudiante tendría que cumplir o dos años de educación superior o dos años de servicio militar estadounidense.
Update on INA § 212(h) Defense Strategies
"Many Permanent Residents Are Not Subject to the § 212(h) Permanent Resident Bar; The Eleventh Circuit Reaffirms § 212(h) as a Direct Waiver of Deportability; Using § 212(h) When LPR Cancellation is Not an Option" by Kathy Brady
Practice Advisory: Adjustment of Status Following an Admission Does Not “Re-Start” the Five-Year Clock for Purposes of the Moral Turpitude Deportation Ground
Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011), overruling in part Matter of Shanu, 23 I&N Dec. 754 (BIA 2005).
The DREAM Act
The DREAM Act is proposed federal legislation that would help thousands of hard-working students realize their dreams of legalizing their immigration status. Specifically, the DREAM Act would provide legal status and access to financial aid to those young people who have graduated from a high school in the United States or received a GED, entered the United States before they were 16 years of age, and have been in the United States for at least five years. In order to qualify, each student would have to complete two years of higher education, or serve in the United States Armed Forces for at
Document Gathering for Citizenship: The Oakland Model
Written by Doug DiSalvo East Bay Citizenship Network May 1999