Practice Advisory

Consular processing is one of ways an individual can obtain lawful permanent residence. This process is often confusing and daunting to individuals who do not regularly work on these types of cases since the process is completed with a U.S. consulate abroad and involves interaction with several government agencies. This practice advisory provides an overview of the steps involved in a consular...

This practice advisory addresses what a practitioner can and should do when DHS submits an I-213 to prove “alienage” or any other facts in a case. After a brief discussion of the purpose of an I-213 and why DHS often submits it during removal proceedings, the advisory discusses objections that practitioners should consider making in order to exclude the I-213 from the record in removal...

This practice advisory outlines the requirements and process of enrolling in Temporary Protected Status (TPS) for the first time. It provides an overview of the basic requirements for TPS and identifies red flag issues that require careful analysis. It provides guidance on the TPS application process, including preparing a waiver of inadmissibility. It also offers practical guidance about when to...

California has strict confidentiality laws that govern when and to whom records from dependency and youth justice (delinquency) proceedings may be released. Immigration advocates need to be aware of these laws and ensure they are complied with when representing individuals with California juvenile records. This guide provides an overview of the law and practical guidance for how to handle issues...

Because survivors of domestic violence, sexual assault, and other crimes are among the most vulnerable populations in the immigration legal system, numerous laws and policies have been enacted to protect the confidentiality of their information and restrict the disclosure of that information. One source of important protections is codified at 8 U.S.C. § 1367 (Section 1367), which restricts...

The final Deferred Action for Childhood Arrivals (DACA) rule was published on August 30, 2022 and is set to go into effect on October 31, 2022. This rule is an attempt to “preserve and fortify” the DACA policy as directed by President Biden’s January 20, 2021, memorandum titled “Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA).” This practitioner’s guide delves into aspects...

Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-conviction relief (PCR). This Advisory can help advocates to identify which of these forms of...

Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming...

Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory discusses legal authority that an immigration practitioner can utilize to protect a client’s due process...

This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.