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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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Showing 181-192 of 918 resources.

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Immigrant Legal Resource Center Practice advisory Feb 21, 2024

Alert: Deferred Enforced Departure Announced for Palestinians

On February 14, 2024, President Biden announced an 18-month Program of deferred enforced departure (DED) for Palestinians in the United States. This alert describes the content of the executive order. Eligible persons may apply for employment and travel authorization under the program when a notice is published in the Federal Register.

Employment Cross-forum Direct PDF
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National Immigration Project Practice advisory Feb 13, 2024

USCIS Issues Guidance on Refiled I-589s Following EOIR Dismissal or Termination—FAQs

This Practice Advisory is an update on the FAQs NIPNLG released in October 2023. Following advocacy by NIPNLG with USCIS concerning some unclear language in its Guidance, USCIS updated its instructions on February 12, 2024. This updated Practice Advisory incorporates and analyzes the revised instructions.

Evidence and procedure USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 9, 2024

Practice Alert: USCIS Publishes Final Fee Rule, Effective April 1, 2024

This high level practice alert on the new fee rule provides a brief summary of the key changes and some quick takes for practitioners, including who may want to wait until the new rule takes effect to file versus who should prioritize filing now. We will update our website soon with more details and resources on the fee rule.

Evidence and procedure USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 5, 2024

Using the T Visa Law Enforcement Resource Guide

In October 2021, the U.S. Department of Homeland Security (DHS) issued its T Visa Law Enforcement Resource Guide. The guide, published alongside updated guidance on T visas in the USCIS Policy Manual (USCIS-PM), advises law enforcement agencies on providing T visa certifications, a crucial form of evidence in T visa applications. This practice advisory gives an overview of the resource guide and how practitioners can utilize it to advocate for law enforcement agencies to provide law enforcement

Consular practice VAWA / U / T Evidence and procedure USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 24, 2024

The Oath of Allegiance Waiver for Persons with Severe Disabilities

Recently, USCIS has conflated guidance for naturalization disability waivers of English and civics with waivers of the oath requirement for persons with disabilities. The confusion stems from USCIS’s addition of a question on oath waivers on the N-648 disability waiver form. These are separate waivers with distinct purposes, legislative histories, and administrative guidance.

Naturalization Waivers USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 18, 2024

California U Visa Law Update

Law enforcement agencies in California have been responding to requests for U visa certifications for many years to allow immigrant survivors of crime and their family members to apply for U nonimmigrant status. However, until 2016 there was no statewide standard or protocol for certifications. Several bills have passed in the meantime to further streamline the process. Most recently, AB 1261 was signed into law in October 2023 and went into effect on 01/01/2024. The Immigrant Legal Resource Cen

Crimes and categorical approach Family-based practice Consular practice Cross-forum Direct PDF
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National Immigration Project Practice advisory Dec 21, 2023

Practice Advisory: Navigating Family-Based Claims Following Matter of M-R-M-S

On December 1, 2023, the Board of Immigration Appeals issued a precedential decision, Matter of M‑R‑M‑S‑, 28 I&N Dec. 757 (BIA 2023), which purports to narrow the circumstances in which asylum seekers can prove that their membership in a family-based particular social group can meet the “one central reason” nexus standard. This practice advisory discusses the BIA opinion, explains how it intersects with existing court of appeals case law, and provides practical tips for practitioners on how to f

Asylum Family-based practice BIA appeals BIA Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 15, 2023

What to Do When ICE Submits an I-213 in Immigration Court

This practice advisory addresses what a practitioner can and should do when DHS submits an I-213 to prove “alienage” or any other facts in a case. After a brief discussion of the purpose of an I-213 and why DHS often submits it during removal proceedings, this advisory discusses objections that practitioners should consider making in order to exclude the I-213 from the record in removal proceedings or, at a minimum, to argue that the I-213 should not be given any significant weight by the immigr

Removal defense Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 12, 2023

"Particularly Serious Crime" Bars to Asylum and Withholding

This advisory analyzes and explains the particularly serious crime bar to asylum and withholding of removal. It describes the factors to consider in determining whether a crime is a "particularly serious crime" and how to challenge a particularly serious crime determination.

Asylum Withholding / CAT Removal defense Cross-forum Direct PDF
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American Immigration Council Practice advisory Nov 28, 2023

Common Tools of Statutory Construction for Criminal Removal Grounds

This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S. courts of appeals. To determine whether a criminal conviction renders a noncitizen removable under federal immigration law, federal courts and the BIA generally employ the categorical approach. Under this approach, adjudicators consider whether the elements of

Removal defense Crimes and categorical approach BIA appeals BIA Direct PDF
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