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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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Immigration court deadline 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197

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Immigrant Legal Resource Center Practice advisory Apr 7, 2020

Denaturalization and Revocation of Naturalization

The Department of Homeland Security and the Department of Justice are ramping up efforts to investigate U.S. citizens and pursue denaturalization cases. This will result in many U.S. citizens being denaturalized and losing their citizenship. These efforts will have a chilling effect on the number of legal permanent residents applying for U.S. citizenship and will further burden a system that is already delayed in adjudicating and granting immigration benefits. This Practice Advisory reviews the

Naturalization Cross-forum Direct PDF
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National Immigration Project Practice advisory Apr 7, 2020

Practice Advisory: Denaturalization and Revocation of Naturalization

Historically, denaturalization was pursued by the U.S. government in very small numbers, averaging only eleven cases per year between 1990 and 2017.2 However, under the Trump administration there has been a dramatic increase in the number of denaturalization cases the government is pursuing and a corresponding increase in resources dedicated to this effort. This practice advisory discusses denaturalization and the revocation of naturalization.

Naturalization Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 2, 2020

Identifying Humanitarian Forms of Relief for Derivatives: VAWA Self-Petitioners

The VAWA Self-Petition allows abused immigrants to petition for legal status independently of their abuser. The process mirrors that of the family-based process but frees the victim from having to rely on the abuser’s cooperation to file a family-based petition. Under VAWA, an abused spouse or child of a lawful permanent resident (LPR) or U.S. citizen (USC), or an abused parent of a USC son or daughter can submit a self-petition on their own. Individuals who qualify for VAWA are able to include

Family-based practice Adjustment of status VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Template motion Apr 2, 2020

Motions with the BIA

This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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ASISTA Practice advisory Apr 2, 2020

New ASISTA COVID-19 Practice Pointer (Current as of April 10, 2020)

While we continue to advocate and await further guidance, we have prepared this Practice Pointer, Filing Deadlines for RFEs, NOIDs, NOIRs and I-290Bs , to assist you in meeting deadlines during this national emergency. We encourage you to also visit ASISTA’s COVID-19 Resource Page and that of our partners, CLINIC and CAST .

VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Template motion Mar 27, 2020

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.

Removal defense Motions to reopen / reconsider Detention / bond Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 27, 2020

What Are the Immigration Consequences of Delinquency?

This advisory provides an overview of the immigration consequences of delinquency and helps advocates understand the distinctions between delinquency and crime to be able to assess whether a youth has committed an act of delinquency or a crime. It arms advocates with arguments to protect their noncitizen clients who have engaged in unlawful conduct as minors.

Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 21, 2020

Practice Pointer: Matter of Castillo-Perez

This practice pointer provides a background on Castillo-Perez , explains the good moral character requirement of non-LPR cancellation, and clarifies the practical implications of the decision. The practice pointer also suggests arguments limiting the decision’s scope and highlights some pitfalls in the attorney general’s reasoning that could be raised on appeal.

BIA appeals BIA Direct PDF
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ASISTA Practice advisory Mar 1, 2020

ASISTA Practice Pointer: What If You Do Not Receive an RFE or Denial Notice? (March 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ASISTA Practice advisory Feb 27, 2020

ASISTA Practice Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status (February 27, 2020)

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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 Feb 23, 2020

Unaccompanied Children and the One-Year Filing Deadline

Although the TVPRA exempts unaccompanied children ( UC s) from the one-year filing deadline for asylum, the current administration has been attempting to erode these protections. As a result, many UC s are at risk of losing their statutory protections and being subjected to the one-year filing deadline. This practice advisory provides UC advocates with an overview of the deadline, the exceptions for changed and extraordinary circumstances, and specific tips on satisfying this requirement in UC c

Asylum Children and SIJS Cross-forum Direct PDF
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