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Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

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Showing 121-132 of 233 resources.

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Immigrant Legal Resource Center Template motion Mar 27, 2020

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.

Removal defense Motions to reopen / reconsider Detention / bond Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 22, 2020

Family-Based Petitions for LGBTQ Couples: Considerations When Documenting a Bona Fide Marriage

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 where they can lawfully marry? And, if not, what other options does a couple have? And how might a marria

Removal defense Family-based practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 3, 2020

Eligibility for Relief: Waivers Under INA § 212(h)

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 require proof of "extreme hardship." Unfortunately, it can't be used to waive drug convictions or cond

Removal defense Crimes and categorical approach Waivers Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 27, 2019

The 237(a)(1)(H) Fraud Waiver: Waiver of Deportability for Persons Inadmissible at Time of Admission Due to Fraud or Misrepresentation

People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee . This advisory explains who can request a 237(a)(1)(H) waiver and the process for applying.

Removal defense Waivers Entry and admission Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 8, 2019

TPS EAD Extension (Nov 2019)

On November 1, 2019 the Department of Homeland Security (DHS) announced the automatic extension of employment authorization and other documentation for Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Each of those TPS-designated countries was set to expire in 2020 but will now be automatically extended through January 4, 2021. This practice advisory lays out what community members need to know and should do now.

Removal defense Employment Special immigrant Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 5, 2019

Practice Alert: SIJS Policy Updates and Proposed Regulations (November 2019)

This practice alert highlights the key take-aways from three recently adopted AAO decisions and some of the most important elements of the proposed regulations for advocates to challenge through comments, and contains an Appendix with case summaries of the AAO decisions.

Removal defense Special immigrant USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 8, 2019

Sanchez v. Sessions Practice Advisory

Sanchez v. Sessions was a landmark Ninth Circuit ruling on suppression of evidence and termination of removal proceedings. This advisory explains the decision, lays out the different legal standards for suppression and termination in immigration court, and highlights key holdings that practitioners can use to better defend their clients.

Removal defense Evidence and procedure Immigration court Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 2, 2019

How to Successfully Administratively Appeal Your Naturalization Denial

While the best-case scenario would be for United States Citizenship and Immigration Services (USCIS) to approve a person’s naturalization application, receiving a denial after a naturalization interview is not the end of the road. If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.

Removal defense Naturalization BIA appeals USCIS BIA Direct PDF
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American Immigration Council Practice advisory Jul 11, 2019

Raids Response Materials for Individuals with Final Removal Orders

In anticipation of widespread raids in July 2019, the American Immigration Council has prepared template materials to assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. ¹ Materials include templates of: (1) a general skeletal motion to reopen a removal order and motion to stay removal for filing with the Board of Immigration Appeals (BIA) or immigration court (for pro se and represented cases); (2) a skeletal motion to resci

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
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ACLU Practice advisory Jul 9, 2019

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap (July 2019) | American Civil Liberties Union Skip navigation document Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap (July 2019) Document Date: July 9, 2019 Download document Download document Skip to PDF content Related Issues Immigrants' Rights Immigrants' Rights and Detention

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 21, 2019

Practice Update: Issuance of Notices to Appear (NTAs) in Denied Humanitarian-based Immigration Cases

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 individual cases as well as to support policy-level advocacy efforts.

Removal defense Consular practice VAWA / U / T USCIS Direct PDF
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