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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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Immigrant Legal Resource Center Practice advisory Sep 24, 2024

Overview, Tips, and Considerations When Applying for Keeping Families Together Parole in Place for Spouses and Stepchildren of U.S. Citizens

This practice advisory describes the new “Keeping Families Together” parole in place process for certain spouses and stepchildren of U.S. citizens including what exactly is it and what you get if approved. It also details the eligibility requirements and application process as well as addressing some of the more “in the weeds” issues such as if the USC spouse is deceased, common law marriages, the different presumptions that apply depending on the applicant’s criminal history or if they have an

Detention / bond Crimes and categorical approach Family-based practice Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Sep 12, 2024

Special Parole Programs Practice Advisory

The advisory provides information and updates on various parole programs including Uniting for Ukraine, Operation Allies Welcome, CHNV Parole, Family Reunification Parole, CAM Parole, and Parole in Place.

Detention / bond Family-based practice Cross-forum Direct PDF
National Immigration Project Practice advisory Jul 30, 2024

Seeking Release of Clients Detained in Virginia Who Have Won Fear-Based Relief Under Rodriguez Guerra v. Perry (E.D. Va.) Settlement

The National Immigration Project, Amica Center (formerly CAIR Coalition), and the ACLU of Virginia sued the Washington Field Office of Immigration and Customs Enforcement (ICE) on behalf of nine individuals whom ICE arbitrarily detained for months after they won immigration relief protecting them from deportation to their countries of origin where they face persecution, torture, or death. The case, Rodriguez Guerrera v. Perry , No. 1:23-cv-1151 (E.D. Va.), was brought in the U.S. District Court

Withholding / CAT Removal defense Federal court Federal district court Direct PDF
Immigrant Legal Resource Center Practice advisory Jul 22, 2024

Obtaining Office of Refugee Resettlement Records for Clients Who Were Detained as Children

Office of Refugee Resettlement (ORR) records requests are an important tool for advocates who are representing people who were detained in ORR custody as children. This practice advisory discusses the role ORR records play in an immigration case and outlines the process for requesting them.

Asylum Detention / bond Children and SIJS Cross-forum Direct PDF
National Immigration Project Practice advisory Jun 13, 2024

Practice Advisory: Representing Immigrant Clients Affected by the Racial Bias of the Criminal Legal System: Mitigating the Effect of Past Racial Bias When Seeking Discretionary Relief and Bond

This practice advisory, along with the accompanying report, Bias in the Criminal Legal System: A Report Aggregating Social Science Research and Reporting on Racial Bias in the Criminal Legal System, and template brief , provides a framework for you to make legal arguments and introduce evidence during your client’s immigration court proceedings if they are seeking discretionary relief or requesting bond. You can use this advisory and the accompanying report to argue that the immigration judge sh

Detention / bond Crimes and categorical approach BIA appeals Immigration court BIA Direct PDF
NIWAP Library Resource directory Apr 25, 2024

U Visa

United States V. Luciana Moreno-Lopez ; (June 7 2010) United States District Court, Eastern District of Chattanooga. The National Network to End Violence Against Immigrant Women, among others, and represented by Dean Hill Rivkin, filed an amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security. The workers

Detention / bond Federal court Consular practice Federal district court
National Immigration Project Practice advisory Feb 13, 2024

USCIS Issues Guidance on Refiled I-589s Following EOIR Dismissal or Termination—FAQs

This Practice Advisory is an update on the FAQs NIPNLG released in October 2023. Following advocacy by NIPNLG with USCIS concerning some unclear language in its Guidance, USCIS updated its instructions on February 12, 2024. This updated Practice Advisory incorporates and analyzes the revised instructions.

Evidence and procedure USCIS Direct PDF
NIWAP Library Amicus brief Nov 2, 2023

United States V. Luciana Moreno-Lopez

Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the history and purpose of

Consular practice VAWA / U / T Cross-forum Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

O.M.G. et al v. Wolf et al.

O.M.G. v. Wolf (2020) U.S. District Court for the District of Columbia. David Thronson, “Declaration filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf.” NIWAP coordinated a national team of law professors and recruited the law firm of Winston Strum to help draft and develop this declaration that discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data

Children and SIJS BIA Federal district court Direct PDF
Immigrant Legal Resource Center Practice advisory Sep 5, 2023

Practice Update: Special Parole Programs

This practice advisory provides updates on recent changes to several special parole programs including Uniting for Ukraine, re-parole for Afghan parolees, parole for Cubans, Haitians, Nicaraguans and Venezuelans, family reunification parole, and parole under the Central American Minors program. Included in the advisory are practice tips, examples, and policy updates relevant to eligibility for these programs.

Detention / bond Family-based practice Children and SIJS Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 27, 2023

The Central American Minors (CAM) Program

The Central American Minors program (CAM) is a hybrid refugee and parole program. It benefits minors in El Salvador, Guatemala, and Honduras who have a parent or legal guardian living in the United States under certain forms of immigration status. The program was first introduced in 2014, but was terminated in 2017 under the Trump administration. The Biden administration reinstated the program in 2021 and made enhancements to the program in April 2023. This advisory gives an overview of the CAM

Asylum Detention / bond Children and SIJS Cross-forum Direct PDF