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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 7, 2016

Elevating Delayed DACA Renewal Request

This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.

Evidence and procedure USCIS Direct PDF
American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Building the Record for Employment-Based Petitions

We encourage business immigration practitioners to consider using litigation as a tool to achieve client objectives. This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client’s visa petition in federal court.

Employment Federal court Consular practice Cross-forum Direct PDF
American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Responding to a Request for Evidence

This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu

Federal court Evidence and procedure Cross-forum Direct PDF
American Immigration Council Practice advisory Jul 18, 2016

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.

Asylum Evidence and procedure Immigration court Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Finality of Removal Orders for Judicial Review Purposes

The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review.

Removal defense BIA appeals Federal court Immigration court BIA Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

How to File a Petition for Review

Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

Removal defense BIA appeals Federal court BIA Court of appeals Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application

Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.

Naturalization Federal court USCIS Federal district court Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies

This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA’s “comparable grounds” test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it.

Adjustment of status Waivers BIA appeals BIA Direct PDF