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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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National Immigration Project Practice advisory Aug 24, 2020

Practice Alert: Matter of Reyes

On July 30, 2020, the Attorney General (AG) issued Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020), where he endorsed a novel theory of removability. This practice alert provides a summary of the decision and potential practice tips for both immigration practitioners and criminal defense attorneys.

Crimes and categorical approach Cross-forum Direct PDF
American Immigration Council Practice advisory Aug 14, 2020

Requesting Attorneys’ Fees Under the Equal Access to Justice Act

The Equal Access to Justice Act (EAJA) authorizes payment by the government of attorneys’ fees and costs for successful federal court litigation against the government. A successful litigant who establishes eligibility under EAJA is entitled to a fee award for litigating both the case and the fee motion. Fees and costs under EAJA are assessed without regard to whether or how much money, if any, the client actually paid his or her attorney. As such, attorneys who take cases on a pro bono or “low

Federal court Cross-forum Direct PDF
ACLU Practice advisory Jul 29, 2020

Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr

Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr | American Civil Liberties Union Skip navigation document Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr Document Date: July 29, 2020 Download document Download document Skip to PDF content

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
Immigrant Legal Resource Center Practice advisory Jul 21, 2020

The 2019 DHS U Visa Certifier Resource Guide: What Practitioners Need to Know

For an immigrant survivor of crime to qualify for U nonimmigrant status, they must obtain and submit to USCIS a certification of their helpfulness to law enforcement. A law enforcement agency (LEA) or other certifier must complete Form I-918, Supplement B, “U Nonimmigrant Status Certification,” attesting to the survivor’s assistance. In July 2019, the Department of Homeland Security issued an updated guide explaining the U visa requirements and the U visa certification process and identifying be

Crimes and categorical approach Consular practice VAWA / U / T USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory Jul 10, 2020

Remote Naturalization Oaths are Legally Permissible

USCIS Naturalization processing was already delayed as long as 3-4 years in many jurisdictions before the pandemic and ensuing USCIS closures hit. Many thousands of applicants are waiting to complete the application process.

Naturalization USCIS Direct PDF
National Immigration Project Practice advisory Jul 9, 2020

Practice Alert: Proposed Criminal Bars to Asylum: Intersection with New and Proposed Asylum Regulations

In this practice alert, we will summarize the proposed changes to the PSC definition and identify the potential impact of the expanded PSC bar on applicants for asylum and employment authorization. Attached to this alert is Appendix A, which highlights the intersection of each of the rules with the PSC bar.

Asylum Crimes and categorical approach Employment Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jul 9, 2020

Protecting Information in DACA Applications Against Deportation in Light of Department of Homeland Security v. Regents of University of California and Existing Policies

This practice advisory discusses the confidentiality policies and practices currently in place protecting information submitted in Deferred Action for Childhood Arrivals (DACA) applications in light of the recent U.S. Supreme Court decision in Department of Homeland Security v. Regents of University of California that allowed the DACA program to remain open.

Removal defense Children and SIJS Cross-forum Direct PDF
ASISTA Practice advisory Jul 1, 2020

ASISTA Practice Pointer: Filing Form I-290B When Multiple Interrelated Forms are Denied (July 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 30, 2020

Notice to Appear (NTA)

A Notice to Appear (NTA), Form I-862, is a charging document that the Department of Homeland Security (DHS) issues and files with the immigration court to start removal proceedings under section 240 of the Immigration and Nationality Act (INA) against an individual, known in removal proceedings as the “respondent.” The NTA serves many functions in an immigration case, like explaining why the government thinks the respondent maybe deportable and gives notice to the respondent. This practice advis

Removal defense Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 29, 2020

Practice Advisory: Avoiding the Stop-Time Rule after Barton v. Barr

This Practice Advisory is a detailed follow-up to our prior Practice Alert on the Supreme Court's April 23, 2020 decision in Barton v. Barr , 140 S. Ct. 1442 (2020). In Barton , the Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) triggers the "stop-time" rule for purposes of cancellation of removal eligibility, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. This Advisory provides an in-depth discussi

Removal defense Waivers Cross-forum Direct PDF