Practice Advisory

This advisory provides a brief overview of public charge under the new rules, including public charge law generally, who is impacted, and what benefits are considered. Adjustment of status applications filed before February 24, 2020 will be adjudicated under policies in effect before the new DHS rule. Adjustment of status applications filed on or after February 24, 2020 will be adjudicated under...
Although the TVPRA exempts unaccompanied children ( UC s) from the one-year filing deadline for asylum, the current administration has been attempting to erode these protections. As a result, many UC s are at risk of losing their statutory protections and being subjected to the one-year filing deadline. This practice advisory provides UC advocates with an overview of the deadline, the exceptions...
Since 2015, the process of immigrating to the United States as the spouse of a USC or an LPR should not be any different for an LGBTQ couple than any other couple. However, advocates working with LGBTQ couples may need to consider a variety of factors when documenting and providing representation for an LGBTQ marriage-based petition. For example, is the couple currently living a jurisdiction...
Effective December 20, 2019, the Liberian Refugee Immigration Fairness (LRIF) act opened a one-year window that will allow many Liberians living in the United States to apply for permanent residence. The act was buried in Section 7611 of the National Defense Authorization Act for Fiscal Year 2020. This practice advisory will provide a summary of the law, which went into effect immediately and...
Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always...
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...
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...
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...
** 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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