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Immigration Practice Resources

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Topic: Children and SIJS Clear

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Immigrant Legal Resource Center Practice advisory Mar 25, 2022

2022 Case Update: Domestic Violence Deportation Ground

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Removal defense Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
National Immigration Project Practice advisory Feb 14, 2022

Practice Alert: What J.O.P. Class Members Need to Know About the April 22, 2022 Deadline for Asserting Rights Under the Mendez Rojas Settlement Agreement

This practice alert describes how some members of another certified class – of certain asylum seekers with prior “unaccompanied alien child” determinations, certified in J.O.P. v. DHS , 338 F.R.D. 33 (D. Md. Dec. 21, 2020) – may also be Mendez Rojas class members. It also addresses why it might benefit some J.O.P. class members to assert rights under the Mendez Rojas agreement by the April 22 deadline, and offers thoughts on how to do so. Note that because the Mendez Rojas agreement provides rel

Asylum Children and SIJS Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Feb 11, 2022

How to Recapture/Retain and Utilize Priority Dates

This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection Act (CSPA), and adjustment of status under § 245(i) of the Immigration and Nationality Act (INA). A brief discussion and summary of the utilization of cross-chargeability of priority dates is also incl

Removal defense Family-based practice Adjustment of status Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jul 2, 2021

Special Considerations when Screening Youth for T Visa Eligibility

T visas are a crucial but often underutilized form of relief for youth who have survived trafficking. This advisory gives an overview of special considerations practitioners should keep in mind when screening youth for T visa eligibility. It gives helpful tips that practitioners can use to ensure that they fully assess a child’s eligibility while minimizing retraumatization.

Consular practice VAWA / U / T Children and SIJS Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 24, 2021

Overview and Cost of Common Immigration Remedies for Youth

Children and youth compose a significant portion of the U.S. immigrant population and often qualify for various forms of immigration relief, many of which involve an application filing fee. Under the Trump administration, USCIS promulgated a final rule intended to dramatically raise fees for many immigration application forms, including those available to young people, and would have limited access to fee waivers. The rule was blocked by federal courts, and after President Biden took office, the

Waivers Federal court Children and SIJS USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory May 27, 2021

DACA and Juvenile Delinquency Adjudications & Records: FAQs

In this practice advisory co-drafted with Public Counsel, we answer common questions on how to tackle disclosure of juvenile adjudications and dissemination of court records for individuals interested in applying for DACA. It also includes a sample DACA request packet, which shows various ways to disclose juvenile adjudications and comply with state confidentiality laws.

Special immigrant Children and SIJS Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Apr 14, 2021

Determining Deferred Action for Childhood Arrivals (DACA) Eligibility

This practice advisory reviews the general eligibility requirements for DACA, as well as issues advocates should look out for when determining eligibility. There has been a lot of interest from community members and advocates in the DACA program since the program was reinstated by a federal court for DACA initial applications in November of 2020. This advisory offers information to guide advocates as they determine eligibility.

Federal court Children and SIJS Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jul 9, 2020

Protecting Information in DACA Applications Against Deportation in Light of Department of Homeland Security v. Regents of University of California and Existing Policies

This practice advisory discusses the confidentiality policies and practices currently in place protecting information submitted in Deferred Action for Childhood Arrivals (DACA) applications in light of the recent U.S. Supreme Court decision in Department of Homeland Security v. Regents of University of California that allowed the DACA program to remain open.

Removal defense Children and SIJS Cross-forum Direct PDF
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
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
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