BIA Edge

Practice resources

Practice resources

Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

More filters
Clear all
892 resources 24 sources 826 direct files
Common starting points
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
Type: Practice advisory Clear

Results

Showing 73-84 of 547 resources.

Sorted by Newest first
National Immigration Project Practice advisory Dec 18, 2024

J.O.P. v. DHS Settlement Agreement: Five Key Takeaways

This one-pager discusses five key takeaways about the J.O.P. settlement agreement, addressing some frequently asked questions received by the J.O.P. Class Counsel team. The one-pager is a must-read for practitioners who represent clients with prior "Unaccompanied Child" determinations, particularly in light of the upcoming February 24, 2025 class cut-off deadline.

Children and SIJS Cross-forum Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Dec 18, 2024

Practice Alert: J.O.P. v. DHS Settlement

On November 25, 2024, the U.S. District Court for the District of Maryland granted final approval of a settlement agreement reached by the parties in J.O.P. v. DHS , No. 8:19-CV01944-SAG (D. Md.). The settlement agreement is the culmination of a class action lawsuit pending over five years. This practice alert highlights key points about the agreement that immigration practitioners representing asylum seekers need to know. You can read the full agreement and learn more about the J.O.P. case by v

Asylum Federal court Federal district court Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Dec 16, 2024

Crim-Imm Case Law Updates 2024

This resource is designed to help immigration practitioners stay current on significant case law developments over the past year in the intersection of immigration and criminal law. It begins with an overview of notable case law developments before the BIA and the United States Courts of Appeals. This is followed by case summaries of all published Board of Immigration Appeals decisions addressing this area of law in 2024, along with a curated list of case summaries from the United States Courts

Crimes and categorical approach BIA appeals BIA Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Nov 15, 2024

The 21st Birthday Eligibility Cutoff for SIJS

Under current USCIS regulations, any person under 21 years of age who otherwise meets the eligibility requirements may be granted SIJS. This practice alert addresses many of the unsuccessful arguments that USCIS has not accepted when a petition received by USCIS after the youth turns 21. In rare cases, USCIS has accepted petitions received after the petitioner’s 21st birthday when there is proof that the petition was improperly rejected or receipted by USCIS before the deadline. This practice al

Special immigrant USCIS Immigration court Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Nov 15, 2024

The 21st Birthday Eligibility Cutoff for SIJS

Under current USCIS regulations, any person under 21 years of age who otherwise meets the eligibility requirements may be granted SIJS. This practice alert addresses many of the unsuccessful arguments that USCIS has not accepted when a petition received by USCIS after the youth turns 21. In rare cases, USCIS has accepted petitions received after the petitioner’s 21st birthday when there is proof that the petition was improperly rejected or receipted by USCIS before the deadline. This practice al

Special immigrant USCIS Immigration court Direct PDF
Direct PDF Source page Record
ASISTA Practice advisory Nov 14, 2024

ASISTA Notes: USCIS Stakeholder Engagement with AILA VAWA, U, T Committee (11/14/2024)

%PDF-1.4 %���� 1 0 obj <> endobj 3 0 obj <> endobj 4 0 obj <> endobj 11 0 obj <> endobj 13 0 obj <> stream x�}��J�`� kA�A� \��h���X\[�V�4M�؟�������&.ހ�e(��%���o$����{x�/�@$�*�N�s˥�Q� S�L��eZ}����K�}^�'7��v���!y�.�'��V��>�����s<���^�(���F�>–���7�V�=���f���WtV�%J��-�جS�#LQ�"��'IB� EN��Py�zfISP�Y��H)����� ���@� &/C�~�{ �e�6�����1]shE�H� ��0W��'�9�]�Y�?����bM��4 �?��K� endstream endobj 12 0 obj <> stream x�콇{S��.�/|�}�=��_�U]H/'9i����$W5IB��E�+=@ ��{/Ү�\hl �w[�|3

VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Nov 6, 2024

EOIR Regulation Limits Retroactivity of Matter of Thomas & Thompson Regarding Sentence Modifications

On October 25, 2019, the Attorney General published Matter of Thomas & Thompson holding that adjudicators could only recognize a sentence modification for immigration purposes where the sentence was vacated due to procedural or substantive defect as defined in Matter of Pickering. It was not clear whether this holding was retroactive. Under new DOJ regulations it is now clear that Matter of Thomas & Thompson is not retroactive. Adjudicators will recognize a sentence modification as vacating the

Evidence and procedure Cross-forum Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Nov 4, 2024

Responding to Smuggling Allegations Against Venezuelan TPS Applicants

U.S. Citizenship and Immigration Services (USCIS) has increasingly alleged that Temporary Protected Status (TPS) applicants—primarily Venezuelans—have smuggled a family member when entering the United States. This practice advisory begins by providing background on this issue. The practice advisory then discusses how smuggling allegations prejudice Venezuelan TPS applicants given their unique circumstances such as geography, family ties, residence in other countries after fleeing Venezuela, and

Family-based practice Naturalization Special immigrant USCIS Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 15, 2024

Prosecutorial Discretion in Removal Proceedings Part 1: Strategies for Seeking Prosecutorial Discretion During Uncertain Times

Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.

Removal defense Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 15, 2024

Prosecutorial Discretion in Removal Proceedings Part 2: Navigating Unfavorable Exercises of Discretion in Removal Proceedings

Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.

Removal defense Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 1, 2024

Family-Based Adjustment of Status Options

Noncitizens who are seeking to obtain Lawful Permanent Residence via family members can do so using two processes—consular processing at a United States consulate or embassy in the person’s home country, or through adjustment of status at a United States Citizenship and Immigration Services (“USCIS”) office in the United States. For those already in the United States, adjustment of status is preferable because they do not have to worry about traveling abroad, triggering the unlawful presence ina

Family-based practice Adjustment of status Naturalization USCIS Consular processing Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Sep 26, 2024

Documents for Parole in Place under Keeping Families Together

This advisory describes supporting documentation for the Parole in Place program under Keeping Families Together. The adjudications for this program are currently on pause due to litigation. Persons hoping to apply should the program resume may gather and prepare supporting documents in advance.

Removal defense Detention / bond Cross-forum Direct PDF
Direct PDF Source page Record