Practice Advisory

In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds. Pereida focuses on the “modified” categorical approach, which is how courts approach a conviction under a statute that sets out multiple, separate, offenses (a “...

This practice advisory reviews the general eligibility requirements for DACA, as well as issues advocates should look out for when determining eligibility. There has been a lot of interest from community members and advocates in the DACA program since the program was reinstated by a federal court for DACA initial applications in November of 2020. This advisory offers information to guide...

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...

This practice advisory from the ILRC, NIPNLG, and IDP advises criminal defense attorneys on new immigration enforcement policies and how to use the new guidance to defend clients in criminal proceedings.

ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies...

This practice advisory provides a comprehensive overview of advance parole and the requirements and suggestions to successfully apply under the DACA program. We also cover some of the risks to consider before traveling outside the United States, including prior removal orders, common grounds of inadmissibility, unauthorized travel, and COVID-19 protocols.

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...

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...

Certain criminal convictions are bars to eligibility for DACA. However, if these convictions can be “expunged,” they will cease to be an absolute bar. Here, an “expungement” refers to any legal process where a criminal court can withdraw, erase, seal, or otherwise eliminate a conviction under a state statute, based on the fact that the person completed probation or other requirements, or for...

In this resource, we discuss the visa backlog for youth from certain countries applying for a green card through Special Immigrant Juvenile Status (SIJS). We discuss how to determine when your client may apply for a green card, and provide practice tips for representing youth seeking SIJS who may face a long wait before they are able to get a green card.