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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 11, 2019

How Travel Abroad Can Affect Naturalization Eligibility and Cause Abandonment of Lawful Permanent Resident Status

In order to qualify for naturalization, lawful permanent residents must meet several residence and physical presence requirements that are often mistaken for one another and muddled together. Traveling outside of the United States can not only affect these requirements for naturalization, but they can cause United States Citizenship and Immigration (USCIS) officials to find that a person abandoned their lawful permanent resident status, which can have severe consequences. In this practice adviso

Adjustment of status Naturalization USCIS Direct PDF
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ASISTA Practice advisory Dec 2, 2019

Fee Waiver Form in Effect December 2, 2019 (December 2, 2019)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 27, 2019

The 237(a)(1)(H) Fraud Waiver: Waiver of Deportability for Persons Inadmissible at Time of Admission Due to Fraud or Misrepresentation

People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee . This advisory explains who can request a 237(a)(1)(H) waiver and the process for applying.

Removal defense Waivers Entry and admission Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 8, 2019

TPS EAD Extension (Nov 2019)

On November 1, 2019 the Department of Homeland Security (DHS) announced the automatic extension of employment authorization and other documentation for Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Each of those TPS-designated countries was set to expire in 2020 but will now be automatically extended through January 4, 2021. This practice advisory lays out what community members need to know and should do now.

Removal defense Employment Special immigrant Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 5, 2019

Practice Alert: SIJS Policy Updates and Proposed Regulations (November 2019)

This practice alert highlights the key take-aways from three recently adopted AAO decisions and some of the most important elements of the proposed regulations for advocates to challenge through comments, and contains an Appendix with case summaries of the AAO decisions.

Removal defense Special immigrant USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 31, 2019

Practice Advisory: AG Overturns Sentence Modification Rule: Matter of Thomas & Matter of Thompson

On October 25, 2019, Attorney General Barr issued a precedential opinion limiting when immigration authorities will give effect to a state court modification of an imposed sentence. See Matter of Thomas and Matter of Thompson , 27 I&N Dec. 674 (AG 2019), available at: https://www.justice.gov/eoir/page/file/1213201/download (“ Matter of Thomas/Thompson ”) While advocates plan to challenge this decision in the courts of appeals, it is now binding law. This advisory summarizes the case, provides ad

BIA appeals Special immigrant BIA Direct PDF
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American Immigration Council Practice advisory Oct 22, 2019

Administrative Closure Post -Castro-Tum

This practice advisory provides a brief overview of administrative closure and explains the impact of that decision on the future availability of administrative closure, as well as on cases that are currently administratively closed. The advisory suggests arguments challenging Matter of Castro-Tum that noncitizens may consider making in support of administrative closure of their cases. Finally, it discusses alternative mechanisms to dispose of or hold in abeyance proceedings in appropriate cases

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 8, 2019

Sanchez v. Sessions Practice Advisory

Sanchez v. Sessions was a landmark Ninth Circuit ruling on suppression of evidence and termination of removal proceedings. This advisory explains the decision, lays out the different legal standards for suppression and termination in immigration court, and highlights key holdings that practitioners can use to better defend their clients.

Removal defense Evidence and procedure Immigration court Court of appeals Direct PDF
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American Immigration Council Practice advisory Oct 3, 2019

Agency Delay Litigation: Opposing a Motion to Dismiss

This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments, with supporting authority, that can be made in response. It provides:

Federal court Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 2, 2019

How to Successfully Administratively Appeal Your Naturalization Denial

While the best-case scenario would be for United States Citizenship and Immigration Services (USCIS) to approve a person’s naturalization application, receiving a denial after a naturalization interview is not the end of the road. If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.

Removal defense Naturalization BIA appeals USCIS BIA Direct PDF
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