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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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Immigrant Legal Resource Center Practice advisory Nov 2, 2022

New Options for Survivors of Trafficking and Domestic Violence

Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to comm

Removal defense Crimes and categorical approach Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 28, 2022

An Overview of Initial Registration for TPS

This practice advisory outlines the requirements and process of enrolling in Temporary Protected Status (TPS) for the first time. It provides an overview of the basic requirements for TPS and identifies red flag issues that require careful analysis. It provides guidance on the TPS application process, including preparing a waiver of inadmissibility. It also offers practical guidance about when to file in immigration court and when an eligible individual may qualify for late initial registration.

Waivers Special immigrant Immigration court Direct PDF
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Human Rights First PALA Library Practice manual Sep 25, 2022

Practice Advisories

EOIR manual explaining the procedures for electronic filing through EOIR’s Courts & Appeals System (ECAS). Last updated September 25, 2022.

Asylum Withholding / CAT Evidence and procedure USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 16, 2022

Introductory Guide to the Affidavit of Support

This advisory provides an introduction to the Affidavit of Support including various ways to meet the financial requirements, different types of sponsors who may submit Affidavits of Support, who is considered a “household member” for purposes of the Affidavit of Support, and exemptions to the Affidavit of Support.

Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Sep 7, 2022

Biden’s Asylum Processing Rule—Three Months in, What Practitioners Need to Know

The Asylum Processing Rule is a significant regulatory change under the Biden administration that allows Asylum Officers to conduct Asylum Merits Interviews of certain asylum seekers who have passed credible fear interviews rather than having those cases referred directly to the immigration court. The Rule was issued as an Interim Final Rule and took effect on May 31, 2022. This FAQ explains what practitioners need to know.

Asylum Immigration court Direct PDF
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National Immigration Project Template motion Sep 1, 2022

Practitioner’s Notes for Template Prosecutorial Discretion Request: Joint Motion to Reopen an in Absentia Removal Order and Dismiss or, in the alternative, a Joint Motion to Reopen

This template is intended for practitioners who represent a client who has been ordered removed in absentia and is requesting prosecutorial discretion following the vacatur of DHS’s immigration enforcement priorities set out in the Mayorkas and Doyle Memoranda.

Removal defense Motions to reopen / reconsider Immigration court BIA Direct PDF
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National Immigration Project Template motion Sep 1, 2022

Practitioner’s Notes for Template Prosecutorial Discretion Request: Joint Motion to Reopen based on Due Process Concerns

This template is intended for practitioners who represent a client who has been ordered removed following a hearing at which there were due process concerns and requests prosecutorial discretion following the vacatur of DHS’s immigration enforcement priorities set out in the Mayorkas and Doyle Memoranda.

Motions to reopen / reconsider Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Aug 31, 2022

Practice Advisory: Gathering Criminal Records for Immigration Matters

This practice advisory provides an overview of how to effectively gather criminal records for immigration matters. The advisory briefly reviews considerations for conducting a criminal contacts screening and for evaluating the possible implications of a noncitizen’s criminal history if they are applying for benefits before the United States Citizenship and Immigration Services (“USCIS”) or seeking a defense from removal in immigration courts (Section II). It then provides a summary of common cri

Removal defense Crimes and categorical approach Naturalization USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 12, 2022

Overview of California Post-Conviction Relief for Immigrants

Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-conviction relief (PCR). This Advisory can help advocates to identify which of these forms of California PCR may help your client, and direct you to more resources about how to obtain it.

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 29, 2022

Identifying Issues for a BIA Appeal

Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decis

Removal defense BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 28, 2022

Advocating for and Representing Clients with Mental Illness in Detained Immigration Removal Proceedings

Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory discusses legal authority that an immigration practitioner can utilize to protect a client’s due process rights and ensure their client’s agency is respected and they have a meaningful opportunity to present

Removal defense Cross-forum Direct PDF
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