Practice Advisory

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07/09/2020
This practice advisory discusses the confidentiality policies and practices currently in place protecting information submitted in Deferred Action for Childhood Arrivals (DACA) applications in light of the recent U.S. Supreme Court decision in Department of Homeland Security v. Regents of University of California that allowed the DACA program to remain open.
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06/30/2020
A Notice to Appear (NTA), Form I-862, is a charging document that the Department of Homeland Security (DHS) issues and files with the immigration court to start removal proceedings under section 240 of the Immigration and Nationality Act (INA) against an individual, known in removal proceedings as the “respondent.” The NTA serves many functions in an immigration case, like explaining why the...
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06/29/2020
This Practice Advisory is a detailed follow-up to our prior Practice Alert on the Supreme Court's April 23, 2020 decision in Barton v. Barr , 140 S. Ct. 1442 (2020). In Barton , the Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) triggers the "stop-time" rule for purposes of cancellation of removal eligibility, even for an admitted LPR who cannot...
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06/24/2020
Non-LPR Cancellation of Removal is an important deportation defense for eligible individuals in removal proceedings who have resided in the United States for many years. Proving “exceptional and extremely unusual” hardship to a qualifying relative can be difficult, but when medical or psychological conditions are present, they are often the strongest hardship factor. This advisory explains how to...
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06/05/2020
Amid the COVID-19 pandemic of the past several months, Congress has taken some important steps to provide federal assistance to people who are struggling economically because of job loss or other related financial hardship. However, the federal COVID-19 relief programs created so far leave out many low-income people, among them immigrants, from key forms of assistance. Fortunately, some states...
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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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