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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 May 4, 2022

Practice Advisory for Immigration Advocates: The Biden Administration’s Final Enforcement Priorities

DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Evidence and procedure Cross-forum Direct PDF
ASISTA Practice advisory Apr 1, 2022

ASISTA COVID-19 Practice Pointer: COVID Testing & Vaccination Requirements for Travel to the United States (Updated April 2022)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
ASISTA Practice advisory Apr 1, 2022

Updated ASISTA Practice Advisory: The Impact of Matter of L-N-Y- (April 2022)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 29, 2022

Adjustment of Status Through Special Immigrant Juvenile Status (SIJS) (June 2022)

This advisory gives an overview of the SIJS-based adjustment of status process. It will give step-by-step guidance for both the affirmative process, for young people who are not in removal proceedings, and for the defensive process, for young people who are in removal proceedings before the Executive Office for Immigration Review.

Removal defense Adjustment of status Special immigrant Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 25, 2022

2022 Case Update: Domestic Violence Deportation Ground

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Removal defense Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
National Immigration Project Practice advisory Feb 14, 2022

Practice Alert: What J.O.P. Class Members Need to Know About the April 22, 2022 Deadline for Asserting Rights Under the Mendez Rojas Settlement Agreement

This practice alert describes how some members of another certified class – of certain asylum seekers with prior “unaccompanied alien child” determinations, certified in J.O.P. v. DHS , 338 F.R.D. 33 (D. Md. Dec. 21, 2020) – may also be Mendez Rojas class members. It also addresses why it might benefit some J.O.P. class members to assert rights under the Mendez Rojas agreement by the April 22 deadline, and offers thoughts on how to do so. Note that because the Mendez Rojas agreement provides rel

Asylum Children and SIJS Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Feb 11, 2022

How to Recapture/Retain and Utilize Priority Dates

This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection Act (CSPA), and adjustment of status under § 245(i) of the Immigration and Nationality Act (INA). A brief discussion and summary of the utilization of cross-chargeability of priority dates is also incl

Removal defense Family-based practice Adjustment of status Cross-forum Direct PDF
American Immigration Council Practice advisory Feb 8, 2022

Matter of Laparra

In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
National Immigration Project Practice advisory Feb 8, 2022

Practice Alert: Matter of Laparra

In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Jan 24, 2022

ICE Detainers: Advice and Strategies for Criminal Defense Counsel

What are ICE detainers, how do they affect a criminal case, and how can counsel get rid of them? This advisory walks through all the legal and practices issues around ICE detainers, including the role of ICE in issuing them and the role of local or state jailors in responding. We discuss the importance of incorporating ICE detainers into pre-trial strategy, the legal and constitutional issues implicated by ICE detainers, and the various ways to challenge or rescind a detainer. This advisory is n

Crimes and categorical approach Cross-forum Direct PDF