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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 Apr 2, 2020

New ASISTA COVID-19 Practice Pointer (Current as of April 10, 2020)

While we continue to advocate and await further guidance, we have prepared this Practice Pointer, Filing Deadlines for RFEs, NOIDs, NOIRs and I-290Bs , to assist you in meeting deadlines during this national emergency. We encourage you to also visit ASISTA’s COVID-19 Resource Page and that of our partners, CLINIC and CAST .

VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Template motion Mar 27, 2020

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.

Removal defense Motions to reopen / reconsider Detention / bond Immigration court BIA Direct PDF
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ASISTA Practice advisory Mar 1, 2020

ASISTA Practice Pointer: What If You Do Not Receive an RFE or Denial Notice? (March 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Direct PDF Source page Record
ASISTA Practice advisory Feb 27, 2020

ASISTA Practice Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status (February 27, 2020)

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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 Jan 22, 2020

Family-Based Petitions for LGBTQ Couples: Considerations When Documenting a Bona Fide Marriage

Since 2015, the process of immigrating to the United States as the spouse of a USC or an LPR should not be any different for an LGBTQ couple than any other couple. However, advocates working with LGBTQ couples may need to consider a variety of factors when documenting and providing representation for an LGBTQ marriage-based petition. For example, is the couple currently living a jurisdiction where they can lawfully marry? And, if not, what other options does a couple have? And how might a marria

Removal defense Family-based practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 3, 2020

Eligibility for Relief: Waivers Under INA § 212(h)

Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always require proof of "extreme hardship." Unfortunately, it can't be used to waive drug convictions or cond

Removal defense Crimes and categorical approach Waivers Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 17, 2019

Public Charge Exemptions and Considerations

It is important to remember that immigration law and regulations exempt some categories of immigrants from public charge inadmissibility and provide many types of immigration status that are not subject to the public charge ground of inadmissibility. This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immig

Waivers Cross-forum Direct PDF
Direct PDF Source page Record
ASISTA Practice advisory Dec 2, 2019

Fee Waiver Form in Effect December 2, 2019 (December 2, 2019)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Nov 27, 2019

The 237(a)(1)(H) Fraud Waiver: Waiver of Deportability for Persons Inadmissible at Time of Admission Due to Fraud or Misrepresentation

People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee . This advisory explains who can request a 237(a)(1)(H) waiver and the process for applying.

Removal defense Waivers Entry and admission Cross-forum Direct PDF
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