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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 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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Showing 157-168 of 547 resources.

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National Immigration Project Practice advisory Feb 3, 2023

Enjoined Asylum Regulations "Cheat Sheet"

The first Trump administration published myriad regulations seeking to restrict access to asylum and related protections. Some of these regulations were enjoined through litigation, including Pangea Legal Servs.I v. U.S. Dep't of Homeland Sec. , 501 F. Supp. 3d 792, 827 (N.D. Cal. 2020), a case on which NIPNLG is co-counsel. Most of these lawsuits were held in abeyance during the Biden administration, which stated it was going to undertake rulemaking which, largely, it did not do. Meanwhile, as

Asylum Cross-forum Direct PDF
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National Immigration Project Practice advisory Feb 1, 2023

Practice Advisory: Understanding and Overcoming Bars to Relief Triggered by a Prior Removal Order

People who have been ordered removed by an immigration judge or other immigration official face significant risks and hurdles in establishing eligibility for immigration benefits for which they might otherwise be eligible. For example, individuals with removal orders are generally at risk of summary removal at any time. Having a removal order may also trigger bars to eligibility for immigration relief. And in the case of applications for immigration benefits such as adjustment of status and asyl

Removal defense Adjustment of status Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 23, 2023

An Overview of USCIS's New SIJS Regulations

Special immigrant juvenile status (SIJS) provides a way for certain young people who have been abandoned, abused, or neglected by a parent to obtain immigration status. This practice advisory reviews the history of the federal regulationsimplementing the SIJS statute and then provides an overview of the new SIJSregulations, published in the spring of 2022. In the overview, the advisory highlights notable policy changes implemented through the new regulations.

Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 23, 2023

An Overview of USCIS’s New SIJS Regulations

Special immigrant juvenile status (SIJS) provides a way for certain young people who have been abandoned, abused, or neglected by a parent to obtain immigration status. This practice advisory reviews the history of the federal regulations implementing the SIJS statute and then provides an overview of the new SIJS regulations, published in the spring of 2022. In the overview, the advisory highlights notable policy changes implemented through the new regulations.

Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 6, 2023

California Appellate Law on Special Immigrant Juvenile Status

In recent years, California’s appellate courts have provided guidance on the state court’s role in Special Immigrant Juvenile Status (SIJS) cases. The following decisions clarify many of the common questions that these cases present in state courts, including one-parent SIJS, notice and service issues, and the role of the state court

Special immigrant Children and SIJS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 5, 2023

Introduction to Federal Rulemaking and Public Participation

Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory

Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Dec 21, 2022

Crim-Imm Case Law Updates

This resource is designed to help immigration practitioners stay up to date on case law developments over the past year in the area of immigration law and crimes. It initially lists notable case law developments before the BIA and the United States Courts of Appeals. This is followed by case summaries of all published Board of Immigration Appeals decisions that address this area of law in 2022 and a case summary list of United States Courts of Appeals published decisions. The latter list focuses

Crimes and categorical approach BIA appeals BIA Direct PDF
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American Immigration Council Practice advisory Dec 16, 2022

Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases

Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions. It also discusses the advantages of an Administrative Procedure Act cause of action and offers considerations for demonstrating unreasonable delay. The practice tip al

Removal defense Consular practice Evidence and procedure Consular processing Direct PDF
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American Immigration Council Practice advisory Dec 13, 2022

A Guide to Obtaining Detention Records

Individuals held in immigration detention facilities have a right to government records about their detention. Those records can help detained or formerly detained people learn more about what happened to them when they were detained and what they experienced, including abusive treatment, difficulty accessing an attorney, and lack of medical care. These government records also may support a legal claim or complaint against the agency that detained the individuals and can help advocates working f

Detention / bond Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 13, 2022

Stakeholder Call with USCIS on VAWA, U, T

This advisory contains general information shared by USCIS staff during the September 2022 stakeholder event. It contains notes compiled by the American Immigration Lawyers Association (AILA) VAWA, U, and T National Committee and reflects USCIS responses to questions posed by the committee and partners.

Removal defense VAWA / U / T USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 29, 2022

Fact Sheet on Penal Code § 372.5, effective Jan. 1, 2023

This fact sheet describes new Cal. Penal Code 372.5 ( AB 2195 ). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” ( Penal Code § 370 ). Section 372.5 provides that in this circumstance, the public nuisance offense is punishable as an infraction, a misdemeanor, or a “wobbler” offense, depending on the offense level of t

Evidence and procedure Cross-forum Direct PDF
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