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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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American Immigration Council Practice advisory Jul 14, 2016

Voluntary Departure

This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply. The Advisory also analyzes important changes in the caselaw and outlines arguments for when the consequences for failing to depart pursuant to a voluntary departure order should not apply. The Appendix provides background about the eligibility

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 24, 2016

Advisory on Deportable Crimes of Domestic Violence: Matter of H. Estrada

A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant shared the required domestic relationship. Under that approach, the BIA found that ICE can use any reliabl

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory May 17, 2016

From Advance Parole to a Green Card for DACA Recipients

This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is focused on DACA, most of the analysis will also apply to TPS holders.

Detention / bond Adjustment of status Special immigrant Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 15, 2016

Frequently Asked Questions in 1-Parent Special Immigrant Juvenile Status Cases in California Family Courts

In this practice advisory developed in consultation with the staff of the Judicial Council of California, we answer common questions about basic procedural and substantive issues that may arise in family court custody cases when SIJS findings are being requested.

Detention / bond Family-based practice Special immigrant Immigration court Direct PDF
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ACLU Practice advisory Nov 6, 2015

Challenging Detention Without a Bond Hearing Pending Removal Proceedings

Challenging Detention Without a Bond Hearing Pending Removal Proceedings | American Civil Liberties Union Skip navigation Fact Sheet Challenging Detention Without a Bond Hearing Pending Removal Proceedings Document Date: November 6, 2015 Download document Download document Skip to PDF content Related Issues Immigrants' Rights Immigrants' Rights and Detention

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 12, 2015

Responding to Inappropriate RFEs & NOIDs in SIJS Cases

This practice advisory describes the recent increase in RFEs and NOIDs in Special Immigrant Juvenile Status cases, in which USCIS is requesting documents from the underlying state court proceedings. The advisory details arguments against disclosing state court documents and information to USCIS, and provides guidance on setting up your SIJS petitions for success from the outset.

Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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National Immigration Project Practice advisory Jun 8, 2015

Mellouli v. Lynch: Further Support for a Strict Categorical Approach for Determining Removability Under Drug Deportation and Other Conviction-Based Removal Grounds

Practice Advisory Issue area Removal Defense Audience Attorney Published: Jun. 8, 2015 Share on Twitter Share on Facebook Share on LinkedIn Copy Link to Clipboard Copy to Clipboard Download Practice Advisory

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Apr 17, 2015

Practice Advisory: Return to the United States After Prevailing on a Petition for Review or Motion to Reopen or Reconsider

This practice advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or a motion to reopen or reconsider to the immigration court or Board of Immigration Appeals (BIA).

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 12, 2015

Special Immigrant Juvenile Status: A Primer for One-Parent Cases

Special Immigrant Juvenile Status (SIJS) cases, involving a claim of abuse, abandonment or neglect against one parent while the child resides with the non-offending parent, are commonly referred to as one-parent cases. These cases, though permissible under the plain language of the statute as well as federal agency interpretation, have proved challenging particularly at the state court phase of the application process and at times before U.S. Citizenship and Immigration Services (USCIS), the age

Naturalization Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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ASISTA Practice advisory Feb 1, 2015

Practice Advisory: U Conditional Approvals (February 2015)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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