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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 Dec 21, 2018

Denaturalization: Understanding the Process and Recent Increases in Denaturalization Efforts

In the past, denaturalization proceedings were rare and usually brought only against alleged war criminals and in other extreme cases. However, continuing their assault on immigrants, families, and communities of color, the Trump administration has increased resources dedicated to pursuing denaturalization in an effort to strip citizenship from naturalized citizens and there are concerns this number will continue to grow. This practice advisory will briefly describe these recent efforts to incre

Crimes and categorical approach Naturalization Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 20, 2018

Representing Naturalization Clients in the Wake of USCIS's New NTA Memo

USCIS's Policy Memorandum of June 28, 2018, provides new guidance for when USCIS will issue a Notice to Appear (NTA) to applicants requesting immigration benefits. This practice advisory outlines the NTA Memo’s impact on naturalization cases. Specifically, this advisory discusses the NTA Memo’s particular directives for naturalization cases; provides the legal context for when a naturalization applicant can be placed in removal proceedings; discusses best practices for preparing a naturalization

Removal defense Naturalization USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 18, 2018

The Selective Service and Naturalization Applications

Males living in the United States between the ages of 18 and 26, including naturalization applicants, must register for the Selective Service. While failure to register for the Selective Service is not a statutory or regulatory bar, it may still stop a person from naturalizing. This practice advisory will look deeper into the Selective Service requirements, how USCIS will evaluate the case depending on the good moral character time period, and discuss possible strategies for overcoming a failure

Naturalization USCIS Direct PDF
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ASISTA Practice advisory Dec 5, 2018

Annotated Notes and Practice Pointers: USCIS Teleconference on Notice to Appear (NTA) Updated Policy Guidance (December 5, 2018)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ACLU Practice advisory Oct 23, 2018

Practice Advisory: Bond Hearings for Individuals Subject to Prolonged Detention: Guerrero-Sanchez v. Warden, York County Prison

Practice Advisory: Guerrero-Sanchez v. Warden, York County Prison | American Civil Liberties Union Skip navigation document Practice Advisory: Guerrero-Sanchez v. Warden, York County Prison Document Date: October 23, 2018 Download document Download document Skip to PDF content

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 15, 2018

Matter of Velasquez-Rios and 364-Day Misdemeanors

The BIA has held that that it will not give retroactive effect to California Penal Code § 18.5(a) on convictions from before January 1, 2015. It will consider a California misdemeanor conviction from before January 1, 2015 to have a potential sentence of up to one year, while a misdemeanor conviction on or after that date will have a potential sentence of up to 364 days. Having a potential sentence of just 364 days can help some immigrants who are convicted of a crime involving moral turpitude.

Crimes and categorical approach BIA appeals BIA Direct PDF
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ASISTA Practice advisory Sep 27, 2018

2018 Notes from National Stakeholder Engagement Updated Notice to Appear (NTA) Policy Guidance (September 27, 2018)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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American Immigration Council Practice advisory Sep 10, 2018

Motions for a Continuance

This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making a continuance motion to jurisdictional bars to appellate review of continuances. It provides an overview of continuance practice in immigration court, summarizing guidance from the Executive Office for Immigration Review discouraging the use of continuances and case law establishing scenarios where continuances are appropriate. It also sets forth strateg

Removal defense Evidence and procedure Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 31, 2018

DACA Update (August 2018)

The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in deciding when and if to renew DACA, and ideas for what people should do now if they have never had DACA.

Children and SIJS Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 31, 2018

Risks of Applying for Special Immigrant Juvenile Status (SIJS) in Affirmative Cases

USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in individual cases, as it now requires USCIS to issue an NTA in any case in which, “upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the

Removal defense Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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