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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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Immigration court deadline 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197

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Immigrant Legal Resource Center Practice advisory Oct 15, 2024

Prosecutorial Discretion in Removal Proceedings Part 1: Strategies for Seeking Prosecutorial Discretion During Uncertain Times

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.

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 15, 2024

Prosecutorial Discretion in Removal Proceedings Part 2: Navigating Unfavorable Exercises of Discretion in Removal Proceedings

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.

Removal defense Cross-forum Direct PDF
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National Immigration Project Chart Oct 1, 2024

Asylum Restrictions Comparison Chart

In the past two years the Biden administration has issued regulations which have dramatically affected asylum seekers’ rights both at the border and in subsequent merits’ adjudications. NIPNLG has created a chart as an easy reference to see what rules govern the asylum seeker’s case based on the time and manner of their entry.

Asylum Entry and admission Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 1, 2024

Family-Based Adjustment of Status Options

Noncitizens who are seeking to obtain Lawful Permanent Residence via family members can do so using two processes—consular processing at a United States consulate or embassy in the person’s home country, or through adjustment of status at a United States Citizenship and Immigration Services (“USCIS”) office in the United States. For those already in the United States, adjustment of status is preferable because they do not have to worry about traveling abroad, triggering the unlawful presence ina

Family-based practice Adjustment of status Naturalization USCIS Consular processing Direct PDF
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NIWAP Library Amicus brief Sep 30, 2024

Velasquez v. Miranda

The Pennsylvania Supreme Court reversed the superior court decision and remanded back to the custody court.

Special immigrant Children and SIJS Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 26, 2024

Documents for Parole in Place under Keeping Families Together

This advisory describes supporting documentation for the Parole in Place program under Keeping Families Together. The adjudications for this program are currently on pause due to litigation. Persons hoping to apply should the program resume may gather and prepare supporting documents in advance.

Removal defense Detention / bond Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 24, 2024

Overview, Tips, and Considerations When Applying for Keeping Families Together Parole in Place for Spouses and Stepchildren of U.S. Citizens

This practice advisory describes the new “Keeping Families Together” parole in place process for certain spouses and stepchildren of U.S. citizens including what exactly is it and what you get if approved. It also details the eligibility requirements and application process as well as addressing some of the more “in the weeds” issues such as if the USC spouse is deceased, common law marriages, the different presumptions that apply depending on the applicant’s criminal history or if they have an

Detention / bond Crimes and categorical approach Family-based practice Cross-forum Direct PDF
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National Immigration Project Practice advisory Sep 17, 2024

Supreme Court Roundup: What Immigrants’ Rights Legal Representatives Should Know from the October 2023 Supreme Court Term

This roundup summarizes cases from the Supreme Court’s October 2023 term (through June 2024) that are potentially relevant to lawyers representing noncitizens, be it in immigration matters, criminal defense, or civil litigation under the Administrative Procedure Act or the U.S. Constitution.

Removal defense Crimes and categorical approach Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 12, 2024

Special Parole Programs Practice Advisory

The advisory provides information and updates on various parole programs including Uniting for Ukraine, Operation Allies Welcome, CHNV Parole, Family Reunification Parole, CAM Parole, and Parole in Place.

Detention / bond Family-based practice Cross-forum Direct PDF
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National Immigration Project Practice manual Sep 4, 2024

Practice Manual: Labor-Based Deferred Action

On January 13, 2023, the Department of Homeland Security announced “a streamlined and expedited deferred action request process” for non-citizen workers who experience or witness labor rights violations. This Practice Manual, updated in September 2024, is intended for immigration practitioners representing workers applying for Labor-Based Deferred Action.

Evidence and procedure Cross-forum Direct PDF
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