Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
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| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Judicial Review of Visa Decisions After the Supreme Court’s Decision in Department of State v. MuñozIn Department of State v. Muñoz , 602 U.S. 899 (2024), the U.S. Supreme Court concluded that a U.S. citizen and her noncitizen spouse had no access to judicial review of a consular officer’s denial of an immigrant visa. The Court held that a U.S. citizen has no “fundamental liberty interest” i n her spouse’s admission to the United States. This practice advisory, by the American Immigration Council, the International Refugee Assistance Project, and the Consular Accountability Project, is intende Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Removal defense
Family-based practice
Federal court
Consular practice
VAWA / U / T
Entry and admission
Court of appeals
Consular processing
|
Jan 15, 2025 | |
Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay CasesPractitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions. It also discusses the advantages of an Administrative Procedure Act cause of action and offers considerations for demonstrating unreasonable delay. The practice tip al Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Consular practice
Evidence and procedure
Consular processing
|
Dec 16, 2022 | |
Practice Tip: Building the Record for Employment-Based PetitionsWe encourage business immigration practitioners to consider using litigation as a tool to achieve client objectives. This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client’s visa petition in federal court. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Employment
Federal court
Consular practice
Cross-forum
|
Aug 10, 2016 | |
Practice Tip: When to Appeal to the Administrative Appeals Office (AAO)This Practice Tip analyzes the pros and cons of appealing to the Administrative Appeals Office (AAO) following the denial of an employment-based visa petition. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Employment
BIA appeals
Consular practice
USCIS
BIA
|
Aug 10, 2016 | |
Screening Potential DACA Requestors for Other Forms of ReliefThis Practice Advisory is designed to assist attorneys without significant expertise in immigration law in determining whether individuals seeking Deferred Action for Childhood Arrivals (DACA) might be eligible for immigration benefits that are more lasting and concrete than DACA. The forms of relief discussed in this Practice Advisory include adjustment of status, U and T visas, asylum, special immigrant juvenile status, and more. The appendix includes a questionnaire that may be helpful in ide Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Adjustment of status
Consular practice
Special immigrant
VAWA / U / T
Children and SIJS
Cross-forum
|
Jul 14, 2016 | |
The Child Status Protection ActThis Practice Advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
BIA appeals
Consular practice
Children and SIJS
USCIS
BIA
Consular processing
|
Jul 14, 2016 |