01/03/2019
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...
01/01/2019
In August 2018, the Ninth Circuit published an opinion holding that methamphetamine as defined under California law is not a controlled substance for federal immigration purposes. In January 2019, however, the court withdrew the published opinion, and issued a non-published opinion that came to the same conclusion. See Lorenzo v. Sessions , 902 F.3d 930 (9th Cir. 2018), withdrawn by Lorenzo v...
12/21/2018
The master calendar hearing is the first hearing in removal proceedings before an immigration judge of the Executive Office for Immigration Review, during which serious substantive decisions can be made in an immigrant’s removal case. Advocates must be well prepared and have a clear case strategy in mind prior to the master calendar hearing, as well as a detailed plan for how to advocate during...
12/21/2018
The Child Status Protection Act (CSPA) was devised to protect intending immigrant children from “aging-out” while undergoing the lengthy process to status. This advisory discusses how CSPA protects children of U.S. citizens in their applications for permanent residency. This is one of three advisories in a series detailing the benefits and limitations of the CSPA in the immigration process. For...
12/21/2018
A noncitizen can pursue lawful permanent residence through a family member in two different ways—one, through consular processing at a U.S. consulate abroad, or two, through adjustment of status at a U.S. Citizenship and Immigration Services (“USCIS”) office or Immigration Court in the United States. For people who are already in the United States, adjustment of status is preferable if they are...
12/21/2018
In the past, denaturalization proceedings were rare and usually brought only against alleged war criminals and in other extreme cases. However, continuing their assault on immigrants, families, and communities of color, the Trump administration has increased resources dedicated to pursuing denaturalization in an effort to strip citizenship from naturalized citizens and there are concerns this...
12/21/2018
This advisory gives an orientation to the deportation process for community members and new advocates. It breaks down the process into four steps that typically happen in an immigrant’s experience with the deportation system, providing a basic overview of ICE enforcement, the court system, and the effect of a removal or deportation order.
12/20/2018
USCIS's Policy Memorandum of June 28, 2018, provides new guidance for when USCIS will issue a Notice to Appear (NTA) to applicants requesting immigration benefits. This practice advisory outlines the NTA Memo’s impact on naturalization cases. Specifically, this advisory discusses the NTA Memo’s particular directives for naturalization cases; provides the legal context for when a naturalization...
12/19/2018
This advisory focuses on defense strategies for naturalization applicants who are in removal proceedings, especially within the Ninth Circuit Court of Appeals.
12/18/2018
Males living in the United States between the ages of 18 and 26, including naturalization applicants, must register for the Selective Service. While failure to register for the Selective Service is not a statutory or regulatory bar, it may still stop a person from naturalizing. This practice advisory will look deeper into the Selective Service requirements, how USCIS will evaluate the case...