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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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Showing 289-300 of 547 resources.

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American Immigration Council Practice advisory Apr 22, 2020

Standards of Review Applied by the Board of Immigration Appeals

This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. The advisory suggests arguments practitioners can make when the Board applies an incorrect standard of review. The advisory also includes an appendix containing citations to select circuit court decisions reversing agency decisions on this basis.

Removal defense BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 21, 2020

A Guide to State Laws on U Visa and T Visa Certifications

U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for crime survivors. Congress created these forms of relief with the dual purpose of aiding law enforcement, by encouraging crime victims to cooperate, and providing humanitarian relief for crime survivors. Both forms of relief have a certification process by which applicants request certification from a law enforcement agency to document their cooperation. In recen

Crimes and categorical approach Consular practice VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 21, 2020

Memo on the Equal Protection Implications of Immigration-Related Prosecutorial Considerations

Increasingly prosecutors are asked to c on sider immigrati on c on sequences in the charging and plea-bargaining process. Some states have adopted policies requiring prosecutors to c on sider such c on sequences, see, e.g., Cal. Pen. C. § 1016.3(b), and some prosecutor offices have adopted internal guidelines mandating the c on siderati on of immigrati on c on sequences. This advisory provides c on text for why such a prosecutorial policy or practice is legally necessary and permitted, if not ma

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 15, 2020

Using and Defending California Penal Code § 1473.7 Vacaturs in Immigration Proceedings: Sample Memorandum of Law and Table of BIA Cases

In 2016, California passed California Penal Code § 1473.7, a critical post-conviction relief vehicle for people no longer in criminal custody to move to eliminate prior convictions that violated constitutional and statutory rights to due process and effective assistance of counsel. Under decades of legal precedent, prior offenses vacated on this basis are outside the federal immigration definition of "conviction." Nevertheless, some DHS attorneys incorrectly argue that § 1473.7 vacaturs are not

Detention / bond Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 7, 2020

Denaturalization and Revocation of Naturalization

The Department of Homeland Security and the Department of Justice are ramping up efforts to investigate U.S. citizens and pursue denaturalization cases. This will result in many U.S. citizens being denaturalized and losing their citizenship. These efforts will have a chilling effect on the number of legal permanent residents applying for U.S. citizenship and will further burden a system that is already delayed in adjudicating and granting immigration benefits. This Practice Advisory reviews the

Naturalization Cross-forum Direct PDF
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National Immigration Project Practice advisory Apr 7, 2020

Practice Advisory: Denaturalization and Revocation of Naturalization

Historically, denaturalization was pursued by the U.S. government in very small numbers, averaging only eleven cases per year between 1990 and 2017.2 However, under the Trump administration there has been a dramatic increase in the number of denaturalization cases the government is pursuing and a corresponding increase in resources dedicated to this effort. This practice advisory discusses denaturalization and the revocation of naturalization.

Naturalization Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 2, 2020

Identifying Humanitarian Forms of Relief for Derivatives: VAWA Self-Petitioners

The VAWA Self-Petition allows abused immigrants to petition for legal status independently of their abuser. The process mirrors that of the family-based process but frees the victim from having to rely on the abuser’s cooperation to file a family-based petition. Under VAWA, an abused spouse or child of a lawful permanent resident (LPR) or U.S. citizen (USC), or an abused parent of a USC son or daughter can submit a self-petition on their own. Individuals who qualify for VAWA are able to include

Family-based practice Adjustment of status VAWA / U / T Cross-forum Direct PDF
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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 Practice advisory Mar 27, 2020

What Are the Immigration Consequences of Delinquency?

This advisory provides an overview of the immigration consequences of delinquency and helps advocates understand the distinctions between delinquency and crime to be able to assess whether a youth has committed an act of delinquency or a crime. It arms advocates with arguments to protect their noncitizen clients who have engaged in unlawful conduct as minors.

Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 21, 2020

Practice Pointer: Matter of Castillo-Perez

This practice pointer provides a background on Castillo-Perez , explains the good moral character requirement of non-LPR cancellation, and clarifies the practical implications of the decision. The practice pointer also suggests arguments limiting the decision’s scope and highlights some pitfalls in the attorney general’s reasoning that could be raised on appeal.

BIA appeals 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
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