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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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National Immigration Project Practice advisory Jul 9, 2020

Practice Alert: Proposed Criminal Bars to Asylum: Intersection with New and Proposed Asylum Regulations

In this practice alert, we will summarize the proposed changes to the PSC definition and identify the potential impact of the expanded PSC bar on applicants for asylum and employment authorization. Attached to this alert is Appendix A, which highlights the intersection of each of the rules with the PSC bar.

Asylum Crimes and categorical approach Employment Cross-forum 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
National Immigration Project Practice advisory Jun 25, 2020

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

This practice advisory discusses the implications of Barton v. Barr , 140 S. Ct. 1442 (2020), with strategic considerations for advocates representing lawful permanent residents (“LPRs”) in their immigration or criminal proceedings.

Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 24, 2020

Proving Medical and Psychological Hardship for Non-LPR Cancellation of Removal

Non-LPR Cancellation of Removal is an important deportation defense for eligible individuals in removal proceedings who have resided in the United States for many years. Proving “exceptional and extremely unusual” hardship to a qualifying relative can be difficult, but when medical or psychological conditions are present, they are often the strongest hardship factor. This advisory explains how to meet the requisite hardship burden in Non-LPR Cancellation cases by demonstrating medical and psycho

Removal defense Cross-forum Direct PDF
National Immigration Project Practice advisory Jun 11, 2020

Practice Advisory: Nasrallah v. Barr: Judicial Review over CAT Decisions

On June 1, 2020, the Supreme Court issued a positive decision in Nasrallah v. Barr , 590 U.S. __ (2020). The question in Nasrallah was whether the jurisdiction stripping language in 8 U.S.C. § 1252(a)(2)(C) barred judicial review over factual challenges to denials of protection under the Convention Against Torture (“CAT”). The Court ruled the statute does not bar such review. This practice advisory provides an overview of the Nasrallah decision and describes the key implications of its holding.

Withholding / CAT Federal court Court of appeals Direct PDF
National Immigration Project Practice advisory Jun 7, 2020

Practice Alert: Advising Non-Citizen Clients About their Right to Protest

The purpose of this practice advisory is to assist immigration attorneys who are advising their clients regarding their decision to participate in a protest or demonstration by providing a checklist of issues to consider and address. While the decision rests with the client, it is important to provide information so they may make an informed decision about their choice to participate and so they may understand the consequences of participating as well as measures they can take to minimize their

Evidence and procedure Cross-forum Direct PDF
ASISTA Practice advisory May 12, 2020

COVID-19 Practice Pointer: Initial Filings of U/T visa petitions and VAWA self-petitions with U.S. Citizenship and Immigration Services (USCIS) (Current as of May 12, 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory May 6, 2020

Practice Alert: The Impact of Barton v. Barr on Eligibility for Cancellation of Removal

On April 23, 2020, the U.S. Supreme Court issued an adverse, 5-4 decision in Barton v. Barr , No. 18-725 (U.S. Apr. 23, 2020), a case regarding the “stop-time rule” and eligibility for cancellation of removal. The Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) stops time for purposes of cancellation, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. The Barton opinion will primarily limit eligibility f

Removal defense Waivers Cross-forum Direct PDF