Practice Advisory

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12/19/2019
The nonimmigrant status, often referred to as the “T visa” is a form of immigration status for certain noncitizen survivors of trafficking. This visa was created by Congress to help combat human trafficking and provide immigration relief to persons who were affected. As part of the protections given, Congress allowed for applicants to petition for certain family members to gain status. These...
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12/19/2019
The U nonimmigrant status, often referred to as the “U Visa,” is a form of immigration relief available to noncitizens who have been victims of serious crimes in the United States. As part of the protection given to victims of crimes, U petitioners are able to include certain family members in the application process. These family members are known as “derivatives”. For many family members, being...
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12/19/2019
This report outlines the established purpose and availability of fee waivers for immigration applications, examines recent USCIS proposals to limit access and create more stringent evidentiary standards, and explores the potential consequences of a more restrictive framework on domestic violence victims and other survivors of crime. It includes results of an informal survey of legal service...
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12/17/2019
** After rulings by the U.S. Supreme Court on January 27, 2020 and February 21, 2020, the Department of Homeland Security (DHS) was able to implement its new rule relating to the “public charge” ground of inadmissibility nationwide. The DHS rule went into effect for adjustment of status applications filed on or after February 24, 2020. On February 24, 2020, the Department of State (DOS) also...
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12/16/2019
Answering questions about whether public charge inadmissibility applies to a client’s specific situation can be complicated. Case-specific considerations include, but are not limited to, whether the client has a legal status that is exempt from public charge inadmissibility, whether the client is seeking a form of relief that has an admissibility component, and whether the client is eligible to...
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12/11/2019
In order to qualify for naturalization, lawful permanent residents must meet several residence and physical presence requirements that are often mistaken for one another and muddled together. Traveling outside of the United States can not only affect these requirements for naturalization, but they can cause United States Citizenship and Immigration (USCIS) officials to find that a person...
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11/27/2019
People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee . This advisory explains who can...
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12/02/2020
Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr , --U.S.--, 140 S...

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