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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 Nov 24, 2021

Practice Advisory: Advocacy Strategies After United States v. Palomar-Santiago

This advisory first reviews the case history and the precedent governing the legal situation Mr. Palomar-Santiago was in when he was charged with illegal re-entry. It then addresses both Mr. Palomar-Santiago’s and the government’s arguments before the Court and the Court’s decision. Finally, the advisory turns to how the Court’s decision affects advocacy strategies for future collateral attacks on removal orders under § 1326(d).

Removal defense Entry and admission Cross-forum Direct PDF
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ASISTA Practice manual Nov 1, 2021

Advisory on new T Visa sections of the USCIS Policy Manual (November 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 Oct 5, 2021

How to Use the Categorical Approach Now (2021)

With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes. This Update of our long-running article includes discussion of Pereida v. Wilkinson, 141 S.Ct. 754 (2021).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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American Immigration Council Practice advisory Oct 5, 2021

Immigration Lawsuits and the APA: The Basics of a District Court Action

This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.

Federal court Evidence and procedure Federal district court Direct PDF
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Immigrant Legal Resource Center Sample brief Sep 23, 2021

Enforcement Priorities Litigation Update: September 2021

There have been many recent developments regarding the litigation challenges to the Department of Homeland Security enforcement priorities. This brief guide provides a quick summary to help you keep up. In short, the Enforcement Priorities are currently still in effect, although a change could come within the next few weeks. Below you will additionally find the Fifth Circuit’s temporary stay of the lower federal district court’s preliminary injunction order. While these issues are quickly moving

Federal court Federal district court Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 26, 2021

Potential Remedies for Immigrant Families After Losing a Family Member to the Pandemic – Widow(er)s of U.S. Citizens, 204(l), and Humanitarian Reinstatement

Mortality from COVID-19 meant that many immigrant families grieved over lost family members, and simultaneously were faced with the loss of an immigration benefit that may have depended on the deceased relative. This practice advisory will explore the options that may remain for a surviving relative who has lost someone to COVID-19 where an immigration benefit was also involved. The three possible remedies are: Survivor benefits for widow(er)s of U.S. citizens (USCs) under INA § 201(b)(2)(A)(i);

Family-based practice VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 29, 2021

Applying for Adjustment of Status Through VAWA

The Violence Against Women Act (VAWA) allows certain noncitizens (regardless of gender) abused by a family member to seek immigration relief by "self-petitioning" based on the abusive relative's immigration status, without having to involve that abusive family member in the immigration process, and based on that VAWA designation, apply for lawful permanent resident status (a "green card"). Obtaining lawful permanent resident status through VAWA is generally a two-step process: one, filing the VA

Family-based practice Adjustment of status VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 21, 2021

July 2021 Updates on Liberian Refugee Immigration Fairness (LRIF) Act

The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.

Asylum Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 8, 2021

Sanchez v. Mayorkas: TPS and Adjustment after the Supreme Court’s Decision

In June 2021, the U.S. Supreme Court issued a decision in Sanchez v. Mayorkas that addressed a circuit split regarding whether a grant of TPS was an “admission” such that it allowed an applicant for permanent residence to meet the threshold “inspected and admitted or paroled” requirement to adjust status within the United States. Previously, the Sixth, Ninth, and Eighth Circuit Courts of Appeal had held that it did, whereas the Eleventh, Fifth, and Third Circuits had held that it did not. In San

Detention / bond Adjustment of status BIA appeals BIA Court of appeals Direct PDF
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ASISTA Practice advisory Jul 2, 2021

Albence Practice Advisory (Updated 6/21/2021): Stay Extended through July 2, 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 Jul 2, 2021

Special Considerations when Screening Youth for T Visa Eligibility

T visas are a crucial but often underutilized form of relief for youth who have survived trafficking. This advisory gives an overview of special considerations practitioners should keep in mind when screening youth for T visa eligibility. It gives helpful tips that practitioners can use to ensure that they fully assess a child’s eligibility while minimizing retraumatization.

Consular practice VAWA / U / T Children and SIJS Cross-forum Direct PDF
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American Immigration Council Practice advisory Jun 30, 2021

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

In Niz-Chavez v. Garland , 141 S. Ct. 1474 (2021), the Supreme Court held that a Notice to Appear must convey the time and place of the hearing in a single document in order to trigger the stop-time rule in cancellation of removal cases, and that a subsequently-issued hearing notice does not stop time if the Notice to Appear did not include the required information. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective N

Removal defense Cross-forum Direct PDF
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