Practice Advisory

This practice advisory provides an overview of ways to advocate with USCIS and DHS components for solutions to individual case problems and systemic issues.

The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O- , as well as policy changes by the Trump administration have sought to strip away this crucial protection from many child asylum seekers. Because of these changes...

Noncitizen victims of violence, serious crimes, and persecution may be eligible for certain forms of immigration protection and status. These options are often referred to as Humanitarian Forms of Relief. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status. This practice advisory is one of two that will give an overview of...

This advisory is the second in a two-part series on unlawful presence and unlawful presence waivers. This advisory covers the requirements and process for the provisional waiver, as well as updates and pitfalls to avoid in light of recent changes that have made pursuing the provisional waiver process more challenging. These include: State Department updates to public charge guidance and increased...

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...

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. In May 2019, Reuters...

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...

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. Click to view the second advisory in the series.

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...