Family-Based

On April 11, 2025, the new Form G-325R took effect as a general tool to register all previously unregistered noncitizens under an antiquated and rarely invoked provision of the Immigration & Nationality Act, with criminal penalties for willful failure to register. This advisory was written to assist attorneys in discussing registration and the new Form G-325R with clients, including screening for prior registration and assessing the potential consequences of registering or not registering, so that individuals can make informed decisions about how to proceed in light of this new rule.

Permanent residents have many rights and benefits.

Permission to live and work in the United States
Eligibility for certain public benefits
Right to travel within the United States and abroad

Your green card is proof of your status. If you lose it or it expires, you are still a permanent resident. Permanent Residence is a status—only an immigration judge can take away your permanent residence. Permanent residents should carry their green card (or at a minimum a copy of it).

The Trump administration’s Registration requirement for most undocumented immigrants is another hateful tactic in its campaign to cause panic and fear throughout the country. The Department of Homeland Security (DHS) has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible. The new registration requirement took effect April 11, 2025.

In its first month, the Trump administration has issued dozens of executive orders (EO) that seek to limit access to the immigration system, target foreign nationals for political gain and sow chaos and fear among immigrant and advocate communities. This explainer focuses on aspects of the EOs that target immigration benefits, processing and adjudication.

This practice advisory outlines the process for researching and commenting on federal forms. A previous advisory covers the process specific to commenting on regulations, which has many parallels to the forms comment process. Federal forms and their comment process are often overlooked by advocates, even those who regularly follow changes in regulations and comment on them. However, form changes can be significant and sometimes can be used to change policy by agencies. The statute regulating forms is the Paperwork Reduction Act (PRA).

Eligibility for U Nonimmigrant Status, commonly known as the “U Visa,” hinges on whether the applicant has been the “victim” of a qualifying crime. The regulations implementing the U visa statute contemplate three categories of “victims” who may qualify for the U visa: direct, bystander, and indirect victims. This practice advisory provides a basic overview of the requirements for U nonimmigrant eligibility. It then discusses the definition of “victim” and three different ways to qualify as a victim for purposes of U visa eligibility. Finally, it addresses derivative eligibility for qualifying family members.

Every family should have a Family Preparedness Plan in case of an emergency. It is critical for immigrant families to think ahead and set more concrete plans for immigration emergencies that can arise. For example, this Resource Toolkit goes into detail about different childcare options available in case of an absent parent, where to find trusted immigration services in your community, and how to prepare to assert your constitutional rights in the presence of an immigration officer.

This downloadable and printable toolkit is divided into different sections that give guidance on family preparedness planning, regardless of immigration status. It gives additional advice to undocumented and/or mixed status families.

Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.

Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.