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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 Nov 8, 2019

TPS EAD Extension (Nov 2019)

On November 1, 2019 the Department of Homeland Security (DHS) announced the automatic extension of employment authorization and other documentation for Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Each of those TPS-designated countries was set to expire in 2020 but will now be automatically extended through January 4, 2021. This practice advisory lays out what community members need to know and should do now.

Removal defense Employment Special immigrant Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Nov 5, 2019

Practice Alert: SIJS Policy Updates and Proposed Regulations (November 2019)

This practice alert highlights the key take-aways from three recently adopted AAO decisions and some of the most important elements of the proposed regulations for advocates to challenge through comments, and contains an Appendix with case summaries of the AAO decisions.

Removal defense Special immigrant USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Aug 15, 2019

Humanitarian Forms of Relief Part II: Asylum & SIJS

This practice advisory is the second resource in a two-part series on Humanitarian Forms of Relief for noncitizen victims of violence, serious crimes and persecution. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status. The first advisory focused on giving an overview of VAWA, U, and T Visas. Including, eligibility requirements and some factors to consider before applying. This practice advisory will focus on giving an ove

Asylum Crimes and categorical approach Consular practice Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Jan 3, 2019

Responding to Inappropriate RFEs and NOIDs in Special Immigrant Juvenile Status Cases

In July 2018, USCIS issued a new policy memorandum that limits the circumstances in which it will issue Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This practice advisory provides an overview of the law governing RFEs and NOIDs, outlines the changes to USCIS policy announced in the July 2018 policy memo, and sets forth a six-step process to follow when responding to requests for additional evidence. The advisory also includes sample arguments to make when responding to comm

Special immigrant Children and SIJS Evidence and procedure USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory Aug 31, 2018

Risks of Applying for Special Immigrant Juvenile Status (SIJS) in Affirmative Cases

USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in individual cases, as it now requires USCIS to issue an NTA in any case in which, “upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the

Removal defense Special immigrant Children and SIJS USCIS Immigration court Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Inspection and Entry at a Port of Entry: When is there an Admission?

This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.

Removal defense Adjustment of status Naturalization Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Apr 15, 2016

Frequently Asked Questions in 1-Parent Special Immigrant Juvenile Status Cases in California Family Courts

In this practice advisory developed in consultation with the staff of the Judicial Council of California, we answer common questions about basic procedural and substantive issues that may arise in family court custody cases when SIJS findings are being requested.

Detention / bond Family-based practice Special immigrant Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Oct 12, 2015

Responding to Inappropriate RFEs & NOIDs in SIJS Cases

This practice advisory describes the recent increase in RFEs and NOIDs in Special Immigrant Juvenile Status cases, in which USCIS is requesting documents from the underlying state court proceedings. The advisory details arguments against disclosing state court documents and information to USCIS, and provides guidance on setting up your SIJS petitions for success from the outset.

Special immigrant Children and SIJS USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 12, 2015

Special Immigrant Juvenile Status: A Primer for One-Parent Cases

Special Immigrant Juvenile Status (SIJS) cases, involving a claim of abuse, abandonment or neglect against one parent while the child resides with the non-offending parent, are commonly referred to as one-parent cases. These cases, though permissible under the plain language of the statute as well as federal agency interpretation, have proved challenging particularly at the state court phase of the application process and at times before U.S. Citizenship and Immigration Services (USCIS), the age

Naturalization Special immigrant Children and SIJS USCIS Immigration court Direct PDF
NIWAP Library Resource directory No date

NIWAP Amicus Brief Bank

NIWAP's amicus brief bank organized by topic, with collections covering VAWA, U visa, SIJS, gender-based asylum, and related issues.

VAWA / U / T Special immigrant Asylum Cross-forum Immigration court