Family-Based

Term Page
Family-Based
Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abuser, and abused adult sons and daughters are eligible for cancellation without age or marital limitations. This practice advisory introduces and provides an in depth review of each eligibility requirement for VAWA cancellation, discusses the applicable evidentiary standard, and considers procedural issues and strategies useful in immigration court as well as issues arising after an immigration judge issues a decision. Included in this practice advisory is an appendix with a side-by-side comparison of three forms of immigration relief often available to survivors in removal proceedings: VAWA cancellation, VAWA self-petitioning and adjustment of status, and non-LPR cancellation.
This practice alert provides an overview of USCIS’s new policy on TPS travel, including a new travel document specific to TPS holders that replaces advance parole, rescission of Matter of Z-R-Z-C-, and clarification of the legal effect of TPS-authorized travel, especially for adjustment of status.
On March 8, ILRC provided comments on the USCIS proposed fee rule. In the comment, ILRC commended agency actions codifying fee exemptions. Additionally, ILRC requested that USCIS codify fee waiver eligibility standards and raise the income threshold for fee waivers. We also requested that fee increases be reduced for applications for lawful permanent residence, work authorization and family petitions, among others. Finally, the comment provides requested changes to various USCIS forms that are open for comment in conjunction with the proposed fee rule.

Family-Based Adjustment of Status: Eligibility and Strategies

Family-Based

For practitioners already familiar with the basics of family-based immigration, this webinar will focus on the adjustment of status process for individuals pursuing permanent resident status through a family member here in the United States...

Immigrant Visa Consular Processing: Current Issues

Family-Based

Level: Intermediate This intermediate webinar will review the nuts & bolts of preparing and filing a family-based immigrant visa consular processing case, as well as cover third country processing, troubleshooting issues with communicating with the...

Parole in Immigration Law

DACA
Family-Based
U Visa/T Visa/VAWA

The Immigrant Legal Resource Center created the first comprehensive manual about parole in immigration law in 2016 to provide practitioners with a one-stop guide to the legal requirements of all the different types of parole, practice pointers about...

Family-Based

Family Based

 

One of the most common ways for people to get a green card is through a family member. U.S. citizens and lawful permanent residents can help certain family members immigrate to the United States. This is a two-step process. First, the U.S. citizen or lawful permanent resident files a family visa petition. Second, the foreign national relative files an application to become a permanent resident. Each step involves different legal and factual issues.

As a national expert on these issues, the Immigrant Legal Resource Center (ILRC) provides ongoing trainings on the family-based immigration process, answers case-specific questions from practitioners, authors a comprehensive manual, Families & Immigration: A Practical Guide, and advocates locally and federally in support of immigrant families.

Latest Resources

FAQs & Explainers
Resources
Publication Date
09/09/2026
In this community explainer, we will discuss the effects of this decision, how it impacts advance parole travel and applications for adjustment of status, and what applicants must consider moving forward.
Resources
Resources
Publication Date
09/14/2026
This practice advisory reviews recent changes and current practice in filing FOIA requests with DHS and with the different offices within DHS. Since January 22, 2026, all have transitioned exclusively to online filing. The only exception is for persons who lack internet access, such as incarcerated requestors, who may still file on paper, by mail.
FAQs & Explainers
Resources
Publication Date
06/30/2026
On Friday, May 26, 2026, the United States Citizenship and Immigration Services (USCIS) office released a notice for clients of former immigration attorney Alexandra Lozano. USCIS urges applicants represented by former attorney Alexandra Lozano, who marketed herself as “la milagrosa” (miracle worker), to update their mailing address and informs them that they can withdraw their application or petition by submittiOn Friday, May 26, 2026, the United States Citizenship and Immigration Services (USCIS) office released a notice for clients of former immigration attorney Alexandra Lozano. USCIS urges applicants represented by former attorney Alexandra Lozano, who marketed herself as “la milagrosa” (miracle worker), to update their mailing address and informs them that they can withdraw their application or petition by submitting a written request. USCIS, however, fails to explain the consequences of withdrawing an application or petition. In this community alert, we will address some frequently asked questions. ng a written request. USCIS, however, fails to explain the consequences of withdrawing an application or petition. In this community alert, we will address some frequently asked questions.
Practice Advisory
Resources
Publication Date
05/28/2026
This explainer provides information and context for the Department of Homeland Security’s proposed rule seeking to change Form AR-11, Change of Address. DHS proposes to add questions seeking information about a person’s employment or current schooling and whether they have received any means-tested benefit. The proposed form change is over-broad and will result in confusion for applicants who are required to update the government about their address changes. This rule is proposed and is NOT in effect yet.
FAQs & Explainers
Resources
Publication Date
05/28/2026
In this community explainer we will discuss some questions that have been raised since the publication of the memo as well as practical considerations for family-based applicants for adjustment of status.
Practice Advisory
Resources
Publication Date
04/13/2026
This practice alert, created in partnership with the End SIJS Backlog Coalition, explores a largely un-tested legal argument that young people with approved SIJS petitions can use the SIJS-specific adjustment provisions at INA § 245(h) to satisfy the “inspected and admitted or paroled” requirement to adjust using some other non-SIJS immigrant petition (for example, a spousal petition).
Public Comments / Sign-on Letters
Resources
Publication Date
02/09/2026
ILRC submitted this comment to DHS opposing recent changes to FOIA rules effective January 22, 2026 that restrict public access. DHS published a final rule in violation of the Administrative Procedures Act by unlawfully bypassing public notice and comment. The rule eliminates paper filing of FOIA requests and allows DHS in its discretion to administratively close requests that it deems to insufficiently describe the records sought.
Practice Advisory
Resources
Publication Date
01/12/2026
On December 22, 2025, DHS published a final rule impacting processing of FOIA requests by all DHS components. The rule is effective January 22, 2026. Despite the major changes made by the rule, no period of public comment was provided. The rule eliminates paper filing of FOIA requests with DHS as of January 22, 2026. FOIAs to DHS must be filed online after that date. The rule also states that DHS can, in its discretion, administratively close or make “requests for clarification” where it deems the request to be an inadequate description of the records sought.

A Guide for Immigration Advocates

Asylum
Citizenship and Naturalization
Crimes
Family-Based
Removal Defense
Temporary Protected Status
U Visa/T Visa/VAWA

A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, immigration law firms employing paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique...