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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 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190

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National Immigration Project Practice advisory Apr 12, 2017

Practice Advisory: Remedies to DHS Enforcement at Courthouses and Other Protected Locations

Few are aware that Congress provided a statutory remedies in 8 U.S.C. § 1229(e)2 that may enable an individual who the Department of Homeland Security (DHS) arrests at certain protected locations to terminate removal proceedings. At a time when DHS enforcement is terrifying immigrant communities, 8 U.S.C. § 1229(e) may provide a potential mechanism to enable noncitizens avoid removal. The advisory discusses the statutory protections, suggests a termination remedy for violations, and addresses se

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 10, 2017

Practice Advisory: Aggravated Felonies

The immigration statute designates certain types of crimes as “aggravated felonies.” See INA § 101(a)(43), 8 USC § 1101(a)(43). These are the most dangerous type of convictions for a noncitizen. Despite the name, this definition reaches offenses that are neither felonies nor aggravated. It can include selling $10 worth of marijuana, a misdemeanor shoplifting offense with a one-year suspended sentence, or failure to appear at a criminal hearing. The person must be convicted of the offense, not me

Crimes and categorical approach Immigration court Direct PDF
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American Immigration Council Practice advisory Oct 24, 2016

Voluntary Departure Rule: Q&A

This Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review.

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 7, 2016

Elevating Delayed DACA Renewal Request

This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.

Evidence and procedure USCIS Direct PDF
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American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Building the Record for Employment-Based Petitions

We encourage business immigration practitioners to consider using litigation as a tool to achieve client objectives. This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client’s visa petition in federal court.

Employment Federal court Consular practice Cross-forum Direct PDF
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American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Responding to a Request for Evidence

This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu

Federal court Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 18, 2016

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.

Asylum Evidence and procedure Immigration court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Finality of Removal Orders for Judicial Review Purposes

The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review.

Removal defense BIA appeals Federal court Immigration court BIA Direct PDF
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