Practice resources
Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.
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Velasquez v. Miranda Supreme Court of Pennsylvania (February 1 2024). NIWAP, represented by K & L Gates, filed an amicus brief on appeal from the judgement of the Superior Court of Pennsylvania dated June 20, 2023. The amicus brief argues that any confusion regarding the role of Pennsylvania courts in the process of obtaining SIJ status jeopardizes the ability of a child who is otherwise eligible for SIJ status to receive the protections created for them by Congress. State courts must fulfill th
Under current USCIS regulations, any person under 21 years of age who otherwise meets the eligibility requirements may be granted SIJS. This practice alert addresses many of the unsuccessful arguments that USCIS has not accepted when a petition received by USCIS after the youth turns 21. In rare cases, USCIS has accepted petitions received after the petitioner’s 21st birthday when there is proof that the petition was improperly rejected or receipted by USCIS before the deadline. This practice al
Under current USCIS regulations, any person under 21 years of age who otherwise meets the eligibility requirements may be granted SIJS. This practice alert addresses many of the unsuccessful arguments that USCIS has not accepted when a petition received by USCIS after the youth turns 21. In rare cases, USCIS has accepted petitions received after the petitioner’s 21st birthday when there is proof that the petition was improperly rejected or receipted by USCIS before the deadline. This practice al
U.S. Citizenship and Immigration Services (USCIS) has increasingly alleged that Temporary Protected Status (TPS) applicants—primarily Venezuelans—have smuggled a family member when entering the United States. This practice advisory begins by providing background on this issue. The practice advisory then discusses how smuggling allegations prejudice Venezuelan TPS applicants given their unique circumstances such as geography, family ties, residence in other countries after fleeing Venezuela, and
The Pennsylvania Supreme Court reversed the superior court decision and remanded back to the custody court.
Since 2022, the CARECEN settlement agreement has provided important benefits to certain Temporary Protected Status (TPS) recipients with prior removal orders who are eligible for adjustment of status. The CARECEN agreement sunsets on January 19, 2025. This practice alert first describes who can benefit from the agreement, then explains the importance of acting soon to ensure eligible clients access the agreement before it expires, and finally asks practitioners to share their experiences with th
This updated guidance, written with our partners Immigrant Legal Defense (ILD), International Rescue Committee (IRC), and Legal Services for Children (LSC), includes recommendations for what information to include in state court predicate orders for special immigrant juvenile status (SIJS) in California. It incorporates guidance from the 2022 SIJS regulations as well as the USCIS Policy Manual, and includes helpful citations to California law. It also includes sample predicate orders from family
Guardianship of S.H.R. v. Jesus Rivas (March 21, 2022; August 15, 2022) Supreme Court of California. NIWAP, represented by Manatt, Phelps and Phillips, 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 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
Until Congress fixes the SIJS visa backlog, SIJS youth must wait years before a visa is available for them to seek lawful permanent residence. This resource is intended to help SIJS advocates better understand the system used by the U.S. Department of State to allocate visas. Advocates are critical in helping SIJS youth through this lengthy process, starting with helping SIJS youth understand how the visa system works.
Call and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding.
Call and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding.