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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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Immigrant Legal Resource Center Practice advisory Apr 21, 2020

A Guide to State Laws on U Visa and T Visa Certifications

U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for crime survivors. Congress created these forms of relief with the dual purpose of aiding law enforcement, by encouraging crime victims to cooperate, and providing humanitarian relief for crime survivors. Both forms of relief have a certification process by which applicants request certification from a law enforcement agency to document their cooperation. In recen

Crimes and categorical approach Consular practice VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 15, 2020

Using and Defending California Penal Code § 1473.7 Vacaturs in Immigration Proceedings: Sample Memorandum of Law and Table of BIA Cases

In 2016, California passed California Penal Code § 1473.7, a critical post-conviction relief vehicle for people no longer in criminal custody to move to eliminate prior convictions that violated constitutional and statutory rights to due process and effective assistance of counsel. Under decades of legal precedent, prior offenses vacated on this basis are outside the federal immigration definition of "conviction." Nevertheless, some DHS attorneys incorrectly argue that § 1473.7 vacaturs are not

Detention / bond Crimes and categorical approach BIA appeals BIA Direct PDF
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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
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Immigrant Legal Resource Center Practice advisory Jan 3, 2020

Eligibility for Relief: Waivers Under INA § 212(h)

Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always require proof of "extreme hardship." Unfortunately, it can't be used to waive drug convictions or cond

Removal defense Crimes and categorical approach Waivers Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 19, 2019

Fee Waivers and Their Impact on DV Survivors

This report outlines the established purpose and availability of fee waivers for immigration applications, examines recent USCIS proposals to limit access and create more stringent evidentiary standards, and explores the potential consequences of a more restrictive framework on domestic violence victims and other survivors of crime. It includes results of an informal survey of legal service providers assisting domestic violence and other crime victims from around the country. Finally, it offers

Crimes and categorical approach Waivers VAWA / U / T USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 19, 2019

Identifying Humanitarian Forms of Relief for Derivatives: U Nonimmigrant Status

The U nonimmigrant status, often referred to as the “U Visa,” is a form of immigration relief available to noncitizens who have been victims of serious crimes in the United States. As part of the protection given to victims of crimes, U petitioners are able to include certain family members in the application process. These family members are known as “derivatives”. For many family members, being a derivative on an application may be the only way they will be able to get legal status in the Unit

Crimes and categorical approach Family-based practice Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 15, 2019

Humanitarian Forms of Relief Part II: Asylum & SIJS

This practice advisory is the second resource in a two-part series on Humanitarian Forms of Relief for noncitizen victims of violence, serious crimes and persecution. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status. The first advisory focused on giving an overview of VAWA, U, and T Visas. Including, eligibility requirements and some factors to consider before applying. This practice advisory will focus on giving an ove

Asylum Crimes and categorical approach Consular practice Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 6, 2019

Practice Advisory: Ninth Circuit holds Calif Pen C 243(d) is a crime of violence in U.S. v. Perez

In a flawed but significant decision, the Ninth Circuit held that California Penal Code § 243(d), battery with injury, is a crime of violence. United States v. Perez (9th Cir. July 11, 2019). Because of Perez, criminal defenders must assume that § 243(d) is a crime of violence and seek other dispositions when necessary. Immigration advocates should appeal adverse decisions and preserve the argument on appeal. See this Advisory for a discussion of the decision, alternative pleas, and suggestions

Crimes and categorical approach BIA appeals BIA Court of appeals Direct PDF
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National Immigrant Justice Center Template motion Jul 17, 2019

Sample Motion Criminal History Chart

Call and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding.

Crimes and categorical approach Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 28, 2019

Humanitarian Forms of Relief Part I: U, T, VAWA

Noncitizen victims of violence, serious crimes, and persecution may be eligible for certain forms of immigration protection and status. These options are often referred to as Humanitarian Forms of Relief. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status.

Asylum Crimes and categorical approach Special immigrant Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 5, 2019

What Qualifies as a Conviction for Immigration Purposes?

Immigration law has its own definition of what constitutes a criminal "conviction." Because most, although not all, immigration consequences require a conviction, if your client does not have a conviction the immigration case might be saved. This Advisory discusses which dispositions that come out of criminal court actually constitute a conviction for immigration purposes, and how to avoid a conviction. It has been updated to include the BIA's decision that a conviction on direct appeal of right

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Defense Project Practice advisory Jan 24, 2019

Practice Advisory: The Conviction Finality Requirement in Light of Matter of J.M. Acosta : The Law Circuit-by-Circuit and Practice Strategies Before the Agency and Federal Courts (January 24, 2019, by IDP)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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