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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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ASISTA Practice advisory Jun 1, 2024

ASISTA Practice Advisory: Reinstatement of Removal and Immigrant Survivors (June 2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice manual Apr 26, 2024

Guidance for SIJS State Court Predicate Orders in California- What You Need to Know in 2024

This updated guidance, written with our partners Immigrant Legal Defense (ILD), International Rescue Committee (IRC), and Legal Services for Children (LSC), includes recommendations for what information to include in state court predicate orders for special immigrant juvenile status (SIJS) in California. It incorporates guidance from the 2022 SIJS regulations as well as the USCIS Policy Manual, and includes helpful citations to California law. It also includes sample predicate orders from family

Family-based practice Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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
National Immigration Project Practice advisory Feb 13, 2024

USCIS Issues Guidance on Refiled I-589s Following EOIR Dismissal or Termination—FAQs

This Practice Advisory is an update on the FAQs NIPNLG released in October 2023. Following advocacy by NIPNLG with USCIS concerning some unclear language in its Guidance, USCIS updated its instructions on February 12, 2024. This updated Practice Advisory incorporates and analyzes the revised instructions.

Evidence and procedure USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory Feb 9, 2024

Practice Alert: USCIS Publishes Final Fee Rule, Effective April 1, 2024

This high level practice alert on the new fee rule provides a brief summary of the key changes and some quick takes for practitioners, including who may want to wait until the new rule takes effect to file versus who should prioritize filing now. We will update our website soon with more details and resources on the fee rule.

Evidence and procedure USCIS Direct PDF
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
Immigrant Legal Resource Center Practice advisory Jan 24, 2024

The Oath of Allegiance Waiver for Persons with Severe Disabilities

Recently, USCIS has conflated guidance for naturalization disability waivers of English and civics with waivers of the oath requirement for persons with disabilities. The confusion stems from USCIS’s addition of a question on oath waivers on the N-648 disability waiver form. These are separate waivers with distinct purposes, legislative histories, and administrative guidance.

Naturalization Waivers USCIS Direct PDF
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
NIWAP Library Amicus brief Oct 11, 2023

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce,

Removal defense VAWA / U / T USCIS Federal district court Direct PDF
Immigrant Legal Resource Center Practice advisory Oct 2, 2023

FOIA Requests at DHS

This practice advisory will review current practice in filing FOIA requests with DHS, including recent changes to FOIA filing with USCIS, ICE, CBP, and OBIM. Overall, DHS has been transitioning to online filing, but paper filing, including use of Form G-639, also remains an option. DHS revised the Form G-639 in November 2022. This advisory also describes the form revisions.

Evidence and procedure USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory Aug 23, 2023

Practice Alert: USCIS & BIA Affirm Three- and Ten-Year Unlawful Presence Bars Can Run in the U.S.

This practice alert provides an overview of new USCIS policy guidance and a recent BIA case that now officially acknowledge that the three- and ten-year unlawful presence bars can run in the United States. This practice alert summarizes current policy on the three- and ten-year bars as well as covering who does (and does not) benefit from this policy.

BIA appeals USCIS BIA Direct PDF