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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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Showing 37-48 of 191 resources.

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NIWAP Library Resource directory Apr 25, 2024

VAWA Confidentiality

Hawke v. Department of Homeland Security , (May 23 2008) United States District Court for the District of Northern California. Legal Momentum, represented by Morgan and Lewis submitted this amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions p

Federal court VAWA / U / T Federal district court
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Immigrant Legal Resource Center Practice advisory Apr 18, 2024

AILA Stakeholder Meeting Notes with USCIS

The American Immigration Lawyers Association (AILA) VAWA, U, and T National Committee coordinated a stakeholder meeting with USCIS on November 16, 2023. USCIS was represented by officials from the Office of Policy & Strategy, Service Center Operations, the Vermont Service Center, and the Public Engagement Division. These notes were compiled by VAWA, U, and T National Committee members and reflect USCIS responses to questions posed by the committee and partners. USCIS’s official responses to the

VAWA / U / T USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 5, 2024

Using the T Visa Law Enforcement Resource Guide

In October 2021, the U.S. Department of Homeland Security (DHS) issued its T Visa Law Enforcement Resource Guide. The guide, published alongside updated guidance on T visas in the USCIS Policy Manual (USCIS-PM), advises law enforcement agencies on providing T visa certifications, a crucial form of evidence in T visa applications. This practice advisory gives an overview of the resource guide and how practitioners can utilize it to advocate for law enforcement agencies to provide law enforcement

Consular practice VAWA / U / T Evidence and procedure USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 18, 2024

California U Visa Law Update

Law enforcement agencies in California have been responding to requests for U visa certifications for many years to allow immigrant survivors of crime and their family members to apply for U nonimmigrant status. However, until 2016 there was no statewide standard or protocol for certifications. Several bills have passed in the meantime to further streamline the process. Most recently, AB 1261 was signed into law in October 2023 and went into effect on 01/01/2024. The Immigrant Legal Resource Cen

Crimes and categorical approach Family-based practice Consular practice Cross-forum Direct PDF
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NIWAP Library Amicus brief Nov 16, 2023

Matter of MA

In the Matter of M-A. (2020) Brief filed with the Board of Immigration Appeals. NIWAP was lead amicus in an appeal to the Board of Immigration Appeal in a case of first impression challenging an Immigration Judge’s denial of VAWA cancellation of removal to an LGBTQ+ immigrant victim of spouse abuse who suffered multiple VAWA confidentiality violations including Immigration and Custom’s Enforcement informing the court they planned to call the perpetrator as a witness, submitting an affidavit by t

VAWA / U / T Immigration court BIA Direct PDF
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NIWAP Library Amicus brief Nov 2, 2023

United States V. Luciana Moreno-Lopez

Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the history and purpose of

Consular practice VAWA / U / T Cross-forum Direct PDF
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NIWAP Library Amicus brief Nov 1, 2023

Arguijo v. USCIS (July 24 2020) US Court of Appeals 7th Circuit

The National Immigrant Justice Center (NIJC) represents Jennifer Arguijo, who was 11 years old when her mother married her stepfather, who turned out to be abusive. Applying BIA case law from other contexts, VSC held that a stepchild-stepfather relationship ends after the biological parent divorces the stepparent, unless there is a “continuing relationship” between the stepchild and stepfather. NIJC sought reconsideration, and appealed to the AAO. The AAO affirmed the VSC’s decision to deny the

Removal defense BIA appeals Federal court USCIS Immigration court Direct PDF
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NIWAP Library Amicus brief Nov 1, 2023

Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit

Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the st

Removal defense BIA appeals Federal court Immigration court BIA Direct PDF
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NIWAP Library Amicus brief Oct 24, 2023

Aguilar-Jimenez

In the Matter of Aguilar-Jimenez, Board of Immigration Appeals (2002) Filed an amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono)

Removal defense VAWA / U / T BIA Direct PDF
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NIWAP Library Amicus brief Oct 24, 2023

Cazorla v. Koch Foods of Mississippi,

Cazorla v. Koch Foods of Mississippi, (October 22 2015) United States Court of Appeals, 5th Circuit. NIWAP, represented by Procopio, Cory, Hargreaves & Savitch, LLP, Arnold and Porter, Latino Justice PRLDEF, was the lead Amicus in the first case to reach the U.S. Courts of Appeals on the (VAWA) immigration confidentiality protections. In this workplace sexual assault case brought by the EEOC the employer is attempting to obtain through civil court discovery receive copies of and/or information c

VAWA / U / T BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Oct 24, 2023

Obiaga and Berrocal v. Ashcroft

Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).

Removal defense BIA appeals VAWA / U / T BIA Court of appeals Direct PDF
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