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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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Immigrant Legal Resource Center Practice advisory Mar 20, 2023

How to Analyze a Crim-Imm Case: Four Questions to Identify Case Goals

Immigration and crimes, or “crim-imm,” can be challenging. Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.

Crimes and categorical approach Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 2, 2023

Undesignated (Tier III) Terrorist Organization Tracker

In 2001, the USA PATRIOT Act introduced a sweeping definition of "terrorist organization" into the Immigration and Nationality Act. 8 U.S.C. § 1182(a)(3)(B)(vi)(III). Immigration advocates report that it has resulted in unjust and discriminatory targeting of applicants for immigration benefits-including penalizing applicants for affiliating with U.S.-allied groups. Under this three-part classification system, groups that are considered to be " Tier I " and " Tier II " terrorist organizations ar

Evidence and procedure 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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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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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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