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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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ASISTA Practice advisory Nov 23, 2020

New Practice Advisory: Insight into USCIS's Application of the "No-Blanks" Policy to U-Visa Petitions (November 23, 2020)

The American Immigration Lawyers Association (AILA), ASISTA and the Domestic Violence Project (DVP) of the Urban Justice Center have published a new practice advisory based on new USCIS documentation obtained by FOIA litigation brought by Cleary Gottlieb on behalf of DVP.

VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Nov 20, 2020

California Sentences and Immigration

In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed immigration advocate wants to be able to explain this to an immigration judge or adjudicator to win

Crimes and categorical approach Immigration court Direct PDF
American Immigration Council Practice advisory Nov 20, 2020

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA) — such as a complaint challenging an employment-based immigration petition denial : “I just received the government’s answer. Now what ?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains ho

Employment Federal court Evidence and procedure Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Nov 19, 2020

Risks of Filing Affirmative T Visa Applications Under the Current NTA Memo

T nonimmigrant status (often called a “T visa”) is a form of immigration relief for survivors of human trafficking that provides four years of lawful immigration status, employment authorization, access to certain public benefits, and the opportunity to apply for lawful permanent residency. However, the current U.S. Citizenship and Immigration Services (USCIS) policy on Notices to Appear (NTA), which has been in effect since 2018, has drastically increased the risks of applying for T nonimmigran

Removal defense Employment Naturalization USCIS Direct PDF
ASISTA Practice advisory Sep 1, 2020

ASISTA Practice Pointer: Requesting Congressional Liaison Assistance (September 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
ASISTA Practice advisory Aug 31, 2020

ASISTA Practice Pointer: FOIA Requests to DHS in Survivor-Based Cases (August 31, 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
ACLU Practice advisory Jul 29, 2020

Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr

Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr | American Civil Liberties Union Skip navigation document Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr Document Date: July 29, 2020 Download document Download document Skip to PDF content

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
Immigrant Legal Resource Center Practice advisory Jul 9, 2020

Protecting Information in DACA Applications Against Deportation in Light of Department of Homeland Security v. Regents of University of California and Existing Policies

This practice advisory discusses the confidentiality policies and practices currently in place protecting information submitted in Deferred Action for Childhood Arrivals (DACA) applications in light of the recent U.S. Supreme Court decision in Department of Homeland Security v. Regents of University of California that allowed the DACA program to remain open.

Removal defense Children and SIJS Cross-forum Direct PDF
ASISTA Practice advisory Jul 1, 2020

ASISTA Practice Pointer: Filing Form I-290B When Multiple Interrelated Forms are Denied (July 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 30, 2020

Notice to Appear (NTA)

A Notice to Appear (NTA), Form I-862, is a charging document that the Department of Homeland Security (DHS) issues and files with the immigration court to start removal proceedings under section 240 of the Immigration and Nationality Act (INA) against an individual, known in removal proceedings as the “respondent.” The NTA serves many functions in an immigration case, like explaining why the government thinks the respondent maybe deportable and gives notice to the respondent. This practice advis

Removal defense Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 29, 2020

Practice Advisory: Avoiding the Stop-Time Rule after Barton v. Barr

This Practice Advisory is a detailed follow-up to our prior Practice Alert on the Supreme Court's April 23, 2020 decision in Barton v. Barr , 140 S. Ct. 1442 (2020). In Barton , the Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) triggers the "stop-time" rule for purposes of cancellation of removal eligibility, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. This Advisory provides an in-depth discussi

Removal defense Waivers Cross-forum Direct PDF