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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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NIWAP Library Amicus brief Sep 18, 2023

Guardianship of S.H.R. v. Jesus Rivas

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this legislative and regulat

Special immigrant Children and SIJS Immigration court BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Sep 14, 2023

Overview of Seeking Special Immigrant Juvenile Status (SIJS) Findings in Juvenile Court: A Resource for Juvenile Defenders and Children’s Attorneys in California

This advisory provides basic information on how to obtain the SIJS predicate order in juvenile court. It describes the benefits, requirements, and deadlines associated with SIJS, and discusses the role of the juvenile defense or children’s attorney in the process. It includes a sample SIJS predicate order from juvenile justice proceedings.

Special immigrant Children and SIJS Immigration court Direct PDF
National Immigration Project Practice advisory May 30, 2023

Practice Advisory: Removal Orders Entered Against Special Immigrant Juveniles Harmed by the State Department’s Illegal Action

This practice alert offers strategies for practitioners representing special immigrant juveniles who received removal orders because they lacked an available visa, and whose “final action date”—the date that determines when they have a visa available—was incorrectly calculated because of the State Department’s error.

Removal defense Consular practice Special immigrant Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 30, 2023

Special Immigrant Juvenile Status & Visa Availability

In this resource – updated to reflect significant changes to the Visa Bulletin that will impact special immigrant juveniles beginning in April 2023 – we discuss the visa backlog for youth applying for a green card through special immigrant juvenile status (SIJS). We discuss how to determine when your client may apply for a green card and provide practice tips for representing youth seeking SIJS who may face a long wait before they are able to get a green card.

Consular practice Special immigrant Children and SIJS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 29, 2023

Advising and Screening DACA Recipients for Present and Future Options

The Deferred Action for Childhood Arrivals (DACA) policy has been fraught with uncertainty in the last couple of years. Despite the many advantages of this program for young people who have grown up in the United States, DACA continues to suffer attacks by conservative entities who argue that DACA was an overreach of executive power, with the most current legal challenge pending in Texas. Because of this, it is important to consider what other long-term options DACA recipients have and what bene

Removal defense Children and SIJS Cross-forum Direct PDF
National Immigration Project Practice advisory Mar 24, 2023

Practice Alert: April 2023 Visa Bulletin Changes Impacting SIJS Recipients

On March 22, 2023, the U.S. Department of State (“State Department”) released the April 2023 Visa Bulletin, in which it announced significant changes to the way certain employment-based visas are allocated. Because children granted Special Immigrant Juvenile Status (“SIJS recipients”) receive visas through the employment-based fourth preference category (“EB-4”), these changes impact how long SIJS recipients have to wait before they can apply for adjustment of status (a “green card”). These chan

Employment Adjustment of status Consular practice Immigration court Consular processing Direct PDF