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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 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
ASISTA Practice advisory Mar 29, 2023

ASISTA Practice Advisory: Ongoing Receipt Delays in Humanitarian Cases (March 29, 2023)

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VAWA / U / T Family-based practice USCIS Immigration court 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
Immigrant Legal Resource Center Practice advisory Mar 24, 2023

VAWA Cancellation of Removal

Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abu

Removal defense Family-based practice VAWA / U / T Cross-forum Direct PDF
National Immigration Project Practice advisory Mar 24, 2023

VAWA Cancellation of Removal

Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. This practice advisory introduces and provides an overview of the eligibility requirements for VAWA cancellation.

Removal defense VAWA / U / T Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 20, 2023

How to Analyze a Crim-Imm Case: Four Questions to Identify Case Goals

Immigration and crimes, or “crim-imm,” can be challenging. Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.

Crimes and categorical approach Evidence and procedure Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 14, 2023

New Policy on TPS and Travel

This practice alert provides an overview of USCIS’s new policy on TPS travel, including a new travel document specific to TPS holders that replaces advance parole, rescission of Matter of Z-R-Z-C- , and clarification of the legal effect of TPS-authorized travel, especially for adjustment of status.

Detention / bond Adjustment of status Special immigrant USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 10, 2023

USCIS Policy Manual Updates: T Visas and the Definition of Trafficking

U.S. Citizenship and Immigration Services (USCIS) policy guidance provides important information on how USCIS interprets these requirements and approaches T Visa adjudications. On October 20, 2021, USCIS added comprehensive policy guidance on T Visas to its Policy Manual. This practice advisory explores how these updates interpret the definition of a “severe form of trafficking in persons,” a key eligibility requirement for the T Visa.

Naturalization Consular practice VAWA / U / T USCIS Direct PDF
National Immigration Project Practice advisory Mar 2, 2023

Undesignated (Tier III) Terrorist Organization Tracker

In 2001, the USA PATRIOT Act introduced a sweeping definition of "terrorist organization" into the Immigration and Nationality Act. 8 U.S.C. § 1182(a)(3)(B)(vi)(III). Immigration advocates report that it has resulted in unjust and discriminatory targeting of applicants for immigration benefits-including penalizing applicants for affiliating with U.S.-allied groups. Under this three-part classification system, groups that are considered to be " Tier I " and " Tier II " terrorist organizations ar

Evidence and procedure Cross-forum Direct PDF
National Immigration Project Practice advisory Feb 3, 2023

Enjoined Asylum Regulations "Cheat Sheet"

The first Trump administration published myriad regulations seeking to restrict access to asylum and related protections. Some of these regulations were enjoined through litigation, including Pangea Legal Servs.I v. U.S. Dep't of Homeland Sec. , 501 F. Supp. 3d 792, 827 (N.D. Cal. 2020), a case on which NIPNLG is co-counsel. Most of these lawsuits were held in abeyance during the Biden administration, which stated it was going to undertake rulemaking which, largely, it did not do. Meanwhile, as

Asylum Cross-forum Direct PDF