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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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Immigration court deadline 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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National Immigration Project Practice advisory Feb 19, 2021

Primer on Due Process Provisions of USCA

This primer summarizes some of the key provisions of the United States Citizenship Act of 2021 (USCA, sometimes referred to as the “Biden bill”) relating to due process protections in the immigration court system and in removal proceedings.

Removal defense Naturalization Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 18, 2021

DACA and Crimes: What Expungements are Available Nationally

Certain criminal convictions are bars to eligibility for DACA. However, if these convictions can be “expunged,” they will cease to be an absolute bar. Here, an “expungement” refers to any legal process where a criminal court can withdraw, erase, seal, or otherwise eliminate a conviction under a state statute, based on the fact that the person completed probation or other requirements, or for humanitarian reasons. Note that while DACA government materials call this an “expungement,” different sta

Crimes and categorical approach Cross-forum Direct PDF
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ASISTA Practice advisory Feb 11, 2021

ASISTA Practice Alert Regarding Certain U Visa "After-Acquired Spouse" Cases (February 11, 2021

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 11, 2020

Regulation Creates New Crimes Bars to Asylum

In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI prior (regardless of injury), and domestic violence bars based on the underlying conduct.

Asylum Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 2, 2020

Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr , --U.S.--, 140 S.Ct. 1442 (2020). This Advisory is an updated step-by-step guide to eligibility, potential arguments, a

Removal defense Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 2, 2020

Guidance and Reflections on Providing Remote Legal Services to Immigrant Survivors of Domestic Violence

The COVID-19 pandemic has created a myriad of challenges for immigration legal service providers. While some research and best practices for providing remote legal services have been developed, serving immigrant survivors of domestic violence requires a unique set of considerations. This advisory describes the findings of a small study exploring how service delivery models have been adapted for this vulnerable population during the pandemic. The advisory outlines the concerns, strategies, and le

VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 30, 2020

How to Avoid Mandatory ICE Detention

Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing . Recent Supreme Court decisions in Jennings v. Rodriguez and Nielsen v. Preap have made the situation even worse, although litigation has produced some protections. This advisory outlines how to identify whether your clien

Detention / bond Crimes and categorical approach Cross-forum Direct PDF
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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
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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
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National Immigration Project Practice advisory Nov 20, 2020

Practice Alert: Protecting the Materiality Requirement in False Citizenship Claim Cases Outside the Eleventh Circuit

This Practice Alert addresses Patel ’s second holding: that false claims to U.S. citizenship render noncitizens removable even if the claim had no possible impact on the decision or application at issue—that is, even if the false citizenship claim is immaterial.

Naturalization Court of appeals Direct PDF
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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
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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
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