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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 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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Immigrant Legal Resource Center Practice advisory Jun 27, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 24, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to terminate. Section III provides an overview of motions to reopen. Section IV outlines the evidentiary requirements of motions to reopen. Section V summarizes exceptions to motions to reopen time and number limitations, including joint motions to reop

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 6, 2022

VAWA Self-Petition Policy Updates (June 2022)

On February 10, 2022, USCIS released several VAWA Self-Petition policy changes. The changes include the nationwide implementation of two circuit court decisions and changes in USCIS’s interpretation of the joint residence requirement for VAWA Self-Petitioners. This practice advisory contains short summaries of USCIS’s VAWA Self-Petition policy changes.

Removal defense VAWA / U / T USCIS Court of appeals Direct PDF
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ASISTA Practice advisory Jun 1, 2022

VAWA Practice Advisory: VAWA Self-Petition Policy Updates (June 2022)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory May 4, 2022

An Overview of Public Charge

This advisory provides practitioners with basic information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.

Waivers Cross-forum Direct PDF
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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
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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
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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
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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
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