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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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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
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ASISTA Practice advisory Nov 14, 2024

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

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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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
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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
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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
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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
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National Immigration Project Practice advisory Sep 17, 2024

Supreme Court Roundup: What Immigrants’ Rights Legal Representatives Should Know from the October 2023 Supreme Court Term

This roundup summarizes cases from the Supreme Court’s October 2023 term (through June 2024) that are potentially relevant to lawyers representing noncitizens, be it in immigration matters, criminal defense, or civil litigation under the Administrative Procedure Act or the U.S. Constitution.

Removal defense Crimes and categorical approach Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice manual Sep 4, 2024

Practice Manual: Labor-Based Deferred Action

On January 13, 2023, the Department of Homeland Security announced “a streamlined and expedited deferred action request process” for non-citizen workers who experience or witness labor rights violations. This Practice Manual, updated in September 2024, is intended for immigration practitioners representing workers applying for Labor-Based Deferred Action.

Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Jul 31, 2024

Practice Alert: CARECEN Agreement Sunsets on January 19, 2025

Since 2022, the CARECEN settlement agreement has provided important benefits to certain Temporary Protected Status (TPS) recipients with prior removal orders who are eligible for adjustment of status. The CARECEN agreement sunsets on January 19, 2025. This practice alert first describes who can benefit from the agreement, then explains the importance of acting soon to ensure eligible clients access the agreement before it expires, and finally asks practitioners to share their experiences with th

Removal defense Adjustment of status Special immigrant Cross-forum Direct PDF
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National Immigration Project Practice advisory Jul 30, 2024

Seeking Release of Clients Detained in Virginia Who Have Won Fear-Based Relief Under Rodriguez Guerra v. Perry (E.D. Va.) Settlement

The National Immigration Project, Amica Center (formerly CAIR Coalition), and the ACLU of Virginia sued the Washington Field Office of Immigration and Customs Enforcement (ICE) on behalf of nine individuals whom ICE arbitrarily detained for months after they won immigration relief protecting them from deportation to their countries of origin where they face persecution, torture, or death. The case, Rodriguez Guerrera v. Perry , No. 1:23-cv-1151 (E.D. Va.), was brought in the U.S. District Court

Withholding / CAT Removal defense Federal court Federal district court Direct PDF
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National Immigration Project Practice advisory Jul 29, 2024

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

This practice advisory discusses the Supreme Court’s decisions in Niz-Chavez , Pereira and Campos-Chaves , and provides strategies for practitioners to consider in cases where the client’s NTA was defective. As this area of the law continues to develop, practitioners should use this practice advisory as a starting point but engage in their own research into the state of the law. Updated on July 29, 2024.

Removal defense Cross-forum Direct PDF
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ASISTA Practice advisory Jul 1, 2024

ASISTA Practice Alert: Parole in Place and Streamlined Employment-Based Visas: What We Know and What We Want to See for Immigrant Survivors (July 2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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