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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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National Immigration Project Practice advisory Mar 24, 2023

Practice Alert: April 2023 Visa Bulletin Changes Impacting SIJS Recipients

On March 22, 2023, the U.S. Department of State (“State Department”) released the April 2023 Visa Bulletin, in which it announced significant changes to the way certain employment-based visas are allocated. Because children granted Special Immigrant Juvenile Status (“SIJS recipients”) receive visas through the employment-based fourth preference category (“EB-4”), these changes impact how long SIJS recipients have to wait before they can apply for adjustment of status (a “green card”). These chan

Employment Adjustment of status Consular practice Immigration court Consular processing Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 14, 2023

New Policy on TPS and Travel

This practice alert provides an overview of USCIS’s new policy on TPS travel, including a new travel document specific to TPS holders that replaces advance parole, rescission of Matter of Z-R-Z-C- , and clarification of the legal effect of TPS-authorized travel, especially for adjustment of status.

Detention / bond Adjustment of status Special immigrant USCIS Direct PDF
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American Immigration Council Practice advisory Dec 13, 2022

A Guide to Obtaining Detention Records

Individuals held in immigration detention facilities have a right to government records about their detention. Those records can help detained or formerly detained people learn more about what happened to them when they were detained and what they experienced, including abusive treatment, difficulty accessing an attorney, and lack of medical care. These government records also may support a legal claim or complaint against the agency that detained the individuals and can help advocates working f

Detention / bond Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 27, 2022

Confidentiality of Juvenile Records in California: Guidance for Immigration Practitioners

California has strict confidentiality laws that govern when and to whom records from dependency and youth justice (delinquency) proceedings may be released. Immigration advocates need to be aware of these laws and ensure they are complied with when representing individuals with California juvenile records. This guide provides an overview of the law and practical guidance for how to handle issues of juvenile confidentiality before USCIS.

Special immigrant Children and SIJS USCIS Direct PDF
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American Immigration Council Practice advisory Sep 14, 2022

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation

This Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The Advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions.

Federal court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 23, 2022

Overview of ICE’s Victim-Centered Directive

This advisory provides an overview of ICE’s new “victim-centered” approach to immigration enforcement based on an August 2021 directive, including who qualifies as a victim and which ICE actions are covered. As part of this new approach, ICE officers and agents are instructed to look out for and in various circumstances exercise prosecutorial discretion in favor of noncitizen survivors of crime as part of their decisions to arrest, detain, release, and refer noncitizens.

Crimes and categorical approach VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 6, 2022

VAWA Self-Petition Policy Updates (June 2022)

On February 10, 2022, USCIS released several VAWA Self-Petition policy changes. The changes include the nationwide implementation of two circuit court decisions and changes in USCIS’s interpretation of the joint residence requirement for VAWA Self-Petitioners. This practice advisory contains short summaries of USCIS’s VAWA Self-Petition policy changes.

Removal defense VAWA / U / T USCIS Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 8, 2021

Sanchez v. Mayorkas: TPS and Adjustment after the Supreme Court’s Decision

In June 2021, the U.S. Supreme Court issued a decision in Sanchez v. Mayorkas that addressed a circuit split regarding whether a grant of TPS was an “admission” such that it allowed an applicant for permanent residence to meet the threshold “inspected and admitted or paroled” requirement to adjust status within the United States. Previously, the Sixth, Ninth, and Eighth Circuit Courts of Appeal had held that it did, whereas the Eleventh, Fifth, and Third Circuits had held that it did not. In San

Detention / bond Adjustment of status BIA appeals BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory May 5, 2021

Advocating for Immigrant Survivors of Medical Abuse at the Irwin County Detention Center

This practice advisory is intended to assist individuals seeking damages, stays of deportation, and long-term immigration relief based on medical abuse suffered at ICDC. This practice advisory explains how to determine eligibility and file administrative claims under the Federal Torts Claims Act (“FTCA”) for monetary damages, stays of removal with Immigration and Customs Enforcement (“ICE”), administrative complaints with the DHS Office for Civil Rights and Civil Liberties (“CRCL”), and U Visa c

Removal defense Detention / bond Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 23, 2021

Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities

ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Removal defense Detention / bond Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice manual Mar 19, 2021

USCIS Policy Manual Makes Sweeping Changes to Discretion

In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance. [i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a dozen types of immigration benefits, including many categories of employment authorization, adjustment to permanent residence, temporary protected status and change of status applications.

Employment Adjustment of status USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 30, 2020

How to Avoid Mandatory ICE Detention

Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing . Recent Supreme Court decisions in Jennings v. Rodriguez and Nielsen v. Preap have made the situation even worse, although litigation has produced some protections. This advisory outlines how to identify whether your clien

Detention / bond Crimes and categorical approach Cross-forum Direct PDF
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