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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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Showing 61-72 of 151 resources.

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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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Immigrant Legal Resource Center Practice advisory Nov 20, 2020

California Sentences and Immigration

In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed immigration advocate wants to be able to explain this to an immigration judge or adjudicator to win

Crimes and categorical approach Immigration court Direct PDF
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National Immigration Project Practice advisory Aug 24, 2020

Practice Alert: Matter of Reyes

On July 30, 2020, the Attorney General (AG) issued Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020), where he endorsed a novel theory of removability. This practice alert provides a summary of the decision and potential practice tips for both immigration practitioners and criminal defense attorneys.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 21, 2020

The 2019 DHS U Visa Certifier Resource Guide: What Practitioners Need to Know

For an immigrant survivor of crime to qualify for U nonimmigrant status, they must obtain and submit to USCIS a certification of their helpfulness to law enforcement. A law enforcement agency (LEA) or other certifier must complete Form I-918, Supplement B, “U Nonimmigrant Status Certification,” attesting to the survivor’s assistance. In July 2019, the Department of Homeland Security issued an updated guide explaining the U visa requirements and the U visa certification process and identifying be

Crimes and categorical approach Consular practice VAWA / U / T USCIS Direct PDF
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National Immigration Project Practice advisory Jul 9, 2020

Practice Alert: Proposed Criminal Bars to Asylum: Intersection with New and Proposed Asylum Regulations

In this practice alert, we will summarize the proposed changes to the PSC definition and identify the potential impact of the expanded PSC bar on applicants for asylum and employment authorization. Attached to this alert is Appendix A, which highlights the intersection of each of the rules with the PSC bar.

Asylum Crimes and categorical approach Employment Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 25, 2020

Practice Advisory: Avoiding the Stop-Time Rule after Barton v. Barr

This practice advisory discusses the implications of Barton v. Barr , 140 S. Ct. 1442 (2020), with strategic considerations for advocates representing lawful permanent residents (“LPRs”) in their immigration or criminal proceedings.

Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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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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