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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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Showing 25-36 of 142 resources.

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Immigrant Legal Resource Center Practice advisory Jun 30, 2023

State of U Visa and T Visa Laws

U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for certain survivors of crime. Both forms of relief have a certification process by which applicants request certification from law enforcement or other government agencies to document their cooperation. In recent years, many states have enacted U and T visa certification legislation in order to increase access to certifications for those who are eligible. This pra

Crimes and categorical approach Consular practice VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 27, 2023

Clean Slate Relief: The Impact on Criminal Record Sharing and Immigration

This memorandum seeks to demystify the contours of criminal record sharing across state boundaries, outlining some of the main structures and laws that govern criminal record sharing, particularly focusing on sharing with federal immigration agencies. We examine how agencies like Immigration and Customs Enforcement (ICE) use state criminal record sharing in their enforcement efforts to target noncitizens, and how United States Citizenship and Immigration Services (USCIS) uses state records to de

Crimes and categorical approach Naturalization USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 7, 2023

The Impact of Crimes on TPS Eligibility

This practice advisory provides an overview of the different ways crimes can impact eligibility for Temporary Protected Status (TPS) and a framework for analyzing whether an applicant is subject to these bars and potential options to overcome them.

Crimes and categorical approach Special immigrant 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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National Immigration Project Practice advisory Dec 21, 2022

Crim-Imm Case Law Updates

This resource is designed to help immigration practitioners stay up to date on case law developments over the past year in the area of immigration law and crimes. It initially lists notable case law developments before the BIA and the United States Courts of Appeals. This is followed by case summaries of all published Board of Immigration Appeals decisions that address this area of law in 2022 and a case summary list of United States Courts of Appeals published decisions. The latter list focuses

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 2, 2022

New Options for Survivors of Trafficking and Domestic Violence

Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to comm

Removal defense Crimes and categorical approach Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 13, 2022

Confidentiality Protections for Survivors of Domestic Violence, Human Trafficking and Other Crimes

Because survivors of domestic violence, sexual assault, and other crimes are among the most vulnerable populations in the immigration legal system, numerous laws and policies have been enacted to protect the confidentiality of their information and restrict the disclosure of that information. One source of important protections is codified at 8 U.S.C. § 1367 (Section 1367), which restricts identification of survivors with humanitarian relief claims and disclosure of their information. [1] This p

Crimes and categorical approach VAWA / U / T Cross-forum Direct PDF
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National Immigration Project Practice advisory Aug 31, 2022

Practice Advisory: Gathering Criminal Records for Immigration Matters

This practice advisory provides an overview of how to effectively gather criminal records for immigration matters. The advisory briefly reviews considerations for conducting a criminal contacts screening and for evaluating the possible implications of a noncitizen’s criminal history if they are applying for benefits before the United States Citizenship and Immigration Services (“USCIS”) or seeking a defense from removal in immigration courts (Section II). It then provides a summary of common cri

Removal defense Crimes and categorical approach Naturalization USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 29, 2022

Immigration Consequences of Texas Assault (August 2022)

This practice advisory explains the various immigration consequences of a conviction for Assault under Texas Penal Code § 22.01 and provides tips for mitigating such consequences in criminal proceedings. This August 2022 update includes analysis of the Texas Assault statute in light of the Supreme Court’s decision in Borden v. United States . The Texas Assault statute is complex and includes several subsections, so we have included a chart in the appendix describing the potential immigration con

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 12, 2022

Overview of California Post-Conviction Relief for Immigrants

Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-conviction relief (PCR). This Advisory can help advocates to identify which of these forms of California PCR may help your client, and direct you to more resources about how to obtain it.

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 27, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 24, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to terminate. Section III provides an overview of motions to reopen. Section IV outlines the evidentiary requirements of motions to reopen. Section V summarizes exceptions to motions to reopen time and number limitations, including joint motions to reop

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
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