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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 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
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ASISTA Practice advisory Apr 2, 2020

New ASISTA COVID-19 Practice Pointer (Current as of April 10, 2020)

While we continue to advocate and await further guidance, we have prepared this Practice Pointer, Filing Deadlines for RFEs, NOIDs, NOIRs and I-290Bs , to assist you in meeting deadlines during this national emergency. We encourage you to also visit ASISTA’s COVID-19 Resource Page and that of our partners, CLINIC and CAST .

VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ASISTA Practice advisory Mar 1, 2020

ASISTA Practice Pointer: What If You Do Not Receive an RFE or Denial Notice? (March 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ASISTA Practice advisory Feb 27, 2020

ASISTA Practice Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status (February 27, 2020)

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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 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: T Nonimmigrant Status

The nonimmigrant status, often referred to as the “T visa” is a form of immigration status for certain noncitizen survivors of trafficking. This visa was created by Congress to help combat human trafficking and provide immigration relief to persons who were affected. As part of the protections given, Congress allowed for applicants to petition for certain family members to gain status. These family members are known as “derivatives.” For many family members, being a derivative on an application

Family-based practice Consular practice VAWA / U / T Cross-forum 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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ASISTA Practice advisory Dec 2, 2019

Fee Waiver Form in Effect December 2, 2019 (December 2, 2019)

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