Practice Advisory

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05/29/2020
The I-944 is USCIS’ new public charge form, part of implementing the Department of Homeland Security’s public charge rule that took effect on February 24, 2020. Among other changes that will make it harder for moderate- and low-income immigrants to pass a public charge test, the new public charge rule includes details for scrutinizing the statutory factors involved in evaluating public charge...
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05/29/2020
The I-944 is USCIS’ new public charge form, part of implementing the Department of Homeland Security’s public charge rule that took effect on February 24, 2020. Among other changes that will make it harder for moderate- and low-income immigrants to pass a public charge test, the new public charge rule includes details for scrutinizing the statutory factors involved in evaluating public charge...
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05/06/2020
On April 23, 2020, the U.S. Supreme Court issued an adverse, 5-4 decision in Barton v. Barr , No. 18-725 (U.S. Apr. 23, 2020), a case regarding the “stop-time rule” and eligibility for cancellation of removal. The Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) stops time for purposes of cancellation, even for an admitted LPR who cannot be charged...
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04/24/2020
Effective February 24, 2020, the Department of State is applying new guidance and requiring new forms to screen visa applicants for public charge inadmissibility. This practice advisory reviews the current changes to the Foreign Affairs Manual (FAM), describes the new form DS-5540 Public Charge Questionnaire , and gives practice tips for persons who will be consular processing under the new rules.
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04/21/2020
Increasingly prosecutors are asked to c on sider immigrati on c on sequences in the charging and plea-bargaining process. Some states have adopted policies requiring prosecutors to c on sider such c on sequences, see, e.g., Cal. Pen. C. § 1016.3(b), and some prosecutor offices have adopted internal guidelines mandating the c on siderati on of immigrati on c on sequences. This advisory provides c...
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04/21/2020
Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection . It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the...
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04/21/2020
U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for crime survivors. Congress created these forms of relief with the dual purpose of aiding law enforcement, by encouraging crime victims to cooperate, and providing humanitarian relief for crime survivors. Both forms of relief have a certification process by which...
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04/15/2020
In 2016, California passed California Penal Code § 1473.7, a critical post-conviction relief vehicle for people no longer in criminal custody to move to eliminate prior convictions that violated constitutional and statutory rights to due process and effective assistance of counsel. Under decades of legal precedent, prior offenses vacated on this basis are outside the federal immigration...
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04/09/2020
Over the years, various courts throughout the country have agreed that prolonging custody of a person solely based on an ICE detainer request is unlawful for numerous reasons. This practice advisory provides a summary of the court decisions related to ICE detainers and the arguments to challenge localities that continue to detain people for ICE. The cases discussed here illustrate some of the...
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04/07/2020
The Department of Homeland Security and the Department of Justice are ramping up efforts to investigate U.S. citizens and pursue denaturalization cases. This will result in many U.S. citizens being denaturalized and losing their citizenship. These efforts will have a chilling effect on the number of legal permanent residents applying for U.S. citizenship and will further burden a system that is...

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