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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 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197

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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
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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
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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
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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
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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
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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
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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
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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
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National Immigration Project Practice advisory Feb 1, 2023

Practice Advisory: Understanding and Overcoming Bars to Relief Triggered by a Prior Removal Order

People who have been ordered removed by an immigration judge or other immigration official face significant risks and hurdles in establishing eligibility for immigration benefits for which they might otherwise be eligible. For example, individuals with removal orders are generally at risk of summary removal at any time. Having a removal order may also trigger bars to eligibility for immigration relief. And in the case of applications for immigration benefits such as adjustment of status and asyl

Removal defense Adjustment of status Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 23, 2023

An Overview of USCIS's New SIJS Regulations

Special immigrant juvenile status (SIJS) provides a way for certain young people who have been abandoned, abused, or neglected by a parent to obtain immigration status. This practice advisory reviews the history of the federal regulationsimplementing the SIJS statute and then provides an overview of the new SIJSregulations, published in the spring of 2022. In the overview, the advisory highlights notable policy changes implemented through the new regulations.

Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 23, 2023

An Overview of USCIS’s New SIJS Regulations

Special immigrant juvenile status (SIJS) provides a way for certain young people who have been abandoned, abused, or neglected by a parent to obtain immigration status. This practice advisory reviews the history of the federal regulations implementing the SIJS statute and then provides an overview of the new SIJS regulations, published in the spring of 2022. In the overview, the advisory highlights notable policy changes implemented through the new regulations.

Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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