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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 Jul 22, 2019

Practice Advisory: Tips for Representing U Visa Respondents (July 2019)

ASISTA and the American Immigration Lawyers Association (AILA) recently published a new in-depth practice advisory that contains updates in policy and survivor-based advocacy strategies for U visa applicants at different stages of removal proceedings. This includes strategies for helping U visa applicants with final or prior orders of removal, those currently in removal proceedings, and options for survivors if they receive unfavorable decisions in immigration court. This advisory will be update

VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Jul 11, 2019

Escalating Cases with USCIS and DHS

This practice advisory provides an overview of ways to advocate with USCIS and DHS components for solutions to individual case problems and systemic issues.

Evidence and procedure USCIS Direct PDF
American Immigration Council Practice advisory Jul 11, 2019

Raids Response Materials for Individuals with Final Removal Orders

In anticipation of widespread raids in July 2019, the American Immigration Council has prepared template materials to assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. ¹ Materials include templates of: (1) a general skeletal motion to reopen a removal order and motion to stay removal for filing with the Board of Immigration Appeals (BIA) or immigration court (for pro se and represented cases); (2) a skeletal motion to resci

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
ACLU Practice advisory Jul 9, 2019

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap (July 2019) | American Civil Liberties Union Skip navigation document Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap (July 2019) Document Date: July 9, 2019 Download document Download document Skip to PDF content Related Issues Immigrants' Rights Immigrants' Rights and Detention

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
ASISTA Practice advisory Jul 1, 2019

ASISTA Practice Update: Form I-539 Extensions of Stay & Passport Requirements for U Nonimmigrants (July 2019)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 28, 2019

Humanitarian Forms of Relief Part I: U, T, VAWA

Noncitizen victims of violence, serious crimes, and persecution may be eligible for certain forms of immigration protection and status. These options are often referred to as Humanitarian Forms of Relief. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status.

Asylum Crimes and categorical approach Special immigrant Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 27, 2019

I-601A Provisional Waiver: Process, Updates, and Pitfalls to Avoid

This advisory is the second in a two-part series on unlawful presence and unlawful presence waivers. This advisory covers the requirements and process for the provisional waiver, as well as updates and pitfalls to avoid in light of recent changes that have made pursuing the provisional waiver process more challenging. These include: State Department updates to public charge guidance and increased visa denials based on public charge inadmissibility at the consulate, Attorney General decisions in

Waivers Consular practice Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 21, 2019

Practice Update: Issuance of Notices to Appear (NTAs) in Denied Humanitarian-based Immigration Cases

Over the last month, some practitioners have reported that USCIS has issued a number of NTAs in connection with denied U and T visa applications. Given these reports, ILRC, ASISTA, CAST, Freedom Network USA, American Association of Immigration Lawyers (AILA), and Asian Americans Advancing Justice-Los Angeles created a practice update to address some of the actions practitioners can take in individual cases as well as to support policy-level advocacy efforts.

Removal defense Consular practice VAWA / U / T USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 17, 2019

Practice Alert: Upcoming Elimination of Means-Tested Benefits as Basis for Fee Waiver Requests

This practice alert provides a brief overview of some of the main changes practitioners can expect with the proposed change to fee waiver eligibility and process, most significantly by eliminating receipt of means-tested benefits as a basis for requesting a fee waiver. Given that these significant changes to the fee waiver process will make it more difficult and time-intensive to establish inability to pay an immigration filing fee, we urge practitioners to advise clients who are eligible for a

Waivers Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 11, 2019

Public Charge as a Ground of Deportability

Under the Immigration and Nationality Act (INA), any noncitizen who “within five years from the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In current practice, this ground of deportability rarely comes up in pending removal proceedings or as a reason for the initiation of removal proceedings.

Removal defense Entry and admission Cross-forum Direct PDF
ASISTA Practice advisory Jun 1, 2019

NTA Practice Update (June 2019)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
American Immigration Council Practice advisory May 23, 2019

Reinstatement of Removal

“Reinstatement of removal” is a summary removal procedure pursuant to § 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5), 8 C.F.R. § 241.8. With limited statutory and judicial exceptions, the reinstatement statute applies to noncitizens who return to the United States without authorization after having been removed under a prior order of deportation, exclusion, or removal. Reinstatement orders can be issued anywhere in the United States and can be issued against nonc

Removal defense Evidence and procedure Cross-forum Direct PDF