Practice Advisory

Over the last month, some practitioners have reported that USCIS has issued a number of NTAs in connection with denied U and T visa applications. Given these reports, ILRC, ASISTA, CAST, Freedom Network USA, American Association of Immigration Lawyers (AILA), and Asian Americans Advancing Justice-Los Angeles created a practice update to address some of the actions practitioners can take in individual cases as well as to support policy-level advocacy efforts.  

Under the Immigration and Nationality Act (INA), any noncitizen who “within five years from the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In current practice, this ground of deportability rarely comes up in pending removal proceedings or as a reason for the initiation of removal proceedings.

This advisory covers three possible immigration remedies that beneficiaries might be able to pursue if a family member dies during the immigration process.

This practice alert provides a brief overview of some of the main changes practitioners can expect with the proposed change to fee waiver eligibility and process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. Given that these significant changes to the fee waiver process will make it more difficult and time-intensive to establish inability to pay an immigration filing fee, we urge practitioners to advise clients who are eligible for a fee waiver based on receipt of means-tested benefits to apply as soon as possible, before this option is eliminated.

This advisory explains unlawful presence under INA § 212(a)(9)(B) and the differences between the I-601 and I-601A waivers of unlawful presence. It covers who needs a waiver of unlawful presence, what are the requirements for a waiver of unlawful presence, and which waiver process to use depending on the applicant’s circumstances.

It has always been important to screen naturalization applicants thoroughly to ensure that they are, in fact, eligible for naturalization, and to assess any potential issues that could cause them to denied or deported. While the laws governing how and when someone is eligible to naturalize and how and when someone is deportable have not changed, the importance of screening applicants has increased in light of the new NTA Memo. This packet is meant to assist practitioners in screening naturalization applicants for any issues that may cause them to be denied and deported. It includes a Red Flag Checklist, an Annotated Red Flag Checklist, a Guide for Legal Reviewers, and a Review Cheat Sheet for Workshops. 

In July 2018, USCIS issued a new policy memorandum that limits the circumstances in which it will issue Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This practice advisory provides an overview of the law governing RFEs and NOIDs, outlines the changes to USCIS policy announced in the July 2018 policy memo, and sets forth a six-step process to follow when responding to requests for additional evidence. The advisory also includes sample arguments to make when responding to common RFE and NOID scenarios in the SIJS context.

This advisory gives an orientation to the deportation process for community members and new advocates. It breaks down the process into four steps that typically happen in an immigrant’s experience with the deportation system, providing a basic overview of ICE enforcement, the court system, and the effect of a removal or deportation order.

In the past, denaturalization proceedings were rare and usually brought only against alleged war criminals and in other extreme cases. However, continuing their assault on immigrants, families, and communities of color, the Trump administration has increased resources dedicated to pursuing denaturalization in an effort to strip citizenship from naturalized citizens and there are concerns this number will continue to grow. This practice advisory will briefly describe these recent efforts to increase denaturalizations, the legal grounds and process for denaturalizing a citizen, and the consequences of denaturalization. 

Noncitizens who are seeking to obtain Lawful Permanent Residence via family members can do so using two processes—consular processing at a United States consulate or embassy in the person’s home country, or through adjustment of status at a United States Citizenship and Immigration Services (“USCIS”) office in the United States. For those already in the United States, adjustment of status is preferable because they do not have to worry about traveling abroad, triggering the unlawful presence inadmissibility grounds that are triggered by a departure, separating from their family, and are able to benefit from an appeal or review process not available to consular processing cases. Often individuals present in the United States who have a family member who can submit a family-based petition for them, are prevented from adjusting status because of the manner they entered.