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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 May 3, 2018

Modifications and Waivers to Taking the Oath of Allegiance

The final step in the naturalization process is the oath of allegiance to the United States. The oath demonstrates loyalty to the United States and the Constitution. All applicants must demonstrate that they are “attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States.” The oath also includes statements that the applicant is willing to “bear arms on behalf of the United States,” and “perform noncombatant service i

Naturalization Waivers Cross-forum Direct PDF
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Immigrant Defense Project Practice advisory Apr 25, 2018

Practice Advisory: Sessions v. Dimaya : Supreme Court strikes down 18 U.S.C. §16(b) as void for vagueness (April 25, 2018, by IDP and NIP-NLG)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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Immigrant Defense Project Practice advisory Apr 18, 2018

Practice Advisory: Litigating CIMT Theft Removal Charges and Adjudicative Retroactivity in the Second Circuit After Obeya v. Sessions (April 18, 2018, by IDP)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 29, 2018

Changes to the Expedited Naturalization Process for Military Service Members

In October 2017, the Department of Defense issued new policies that impact lawful permanent residents and other non-U.S. citizens in the military. This practice advisory discusses how these policies affect those who seek to enlist, and those who currently serve in the military, including in the Reserve Components. This practice advisory was jointly authored by the Immigrant Legal Resource Center, the National Immigration Forum, and the New Americans Campaign.

Adjustment of status Naturalization Cross-forum Direct PDF
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ACLU Practice advisory Mar 21, 2018

Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez

Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez | American Civil Liberties Union Skip navigation document Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez Document Date: March 21, 2018 Download document Download document Skip to PDF content Related Issues Immigrants' Rights Immigrants' Rights and Detention

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 2, 2018

U Nonimmigrant Status as a Defense from Removal for Lawful Permanent Residents

In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs) facing deportation, likely on the basis of criminal convictions. This Practice Advisory provides an

Removal defense Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 8, 2018

SB 54 and the California Values Act: A Guide for Criminal Defenders

This advisory discusses the provisions of SB 54 (De Leon) and the California Values Act, relevant to criminal defense counsel who represent noncitizen clients. In addition to discussing specific provisions of the California Values Act, this advisory discusses how to incorporate this new law into your defense practice.

Crimes and categorical approach Cross-forum Direct PDF
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American Immigration Council Practice advisory Feb 6, 2018

The Basics of Motions to Reopen EOIR-Issued Removal Orders

This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals, located in Falls, Church Virginia. The advisory also provides basic information about how to seek a stay in conjunction with the filing of a motion to reopen.

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 1, 2018

Clean Slate for Immigrants: Reducing Felonies to Misdemeanors Using Penal Code § 18.5, Prop 47, Penal Code § 17(b)(3), & Prop 64

In the past four years, California voters and the California Legislature have created many new mechanisms for people to reclassify, vacate, and resentence offenses to eliminate the ongoing impact of criminal convictions. This advisory discusses how these new laws can benefit immigrants and can erase or mitigate certain criminal grounds of removability.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 31, 2018

Understanding Extreme Hardship in Waivers: What Extreme Hardship Is and How to Prove It

This advisory is a follow-up to the ILRC’s free webinar on hardship in waivers from the fall, 2017. Given the volume of questions received during the webinar and overall strong interest in this topic (over 1,000 people registered for this webinar!), this advisory covers the basics and also incorporates frequently asked questions. In this practice advisory you will find an overview of hardship in waivers: when you need to prove hardship, whose hardship counts, and what is hardship. It also covers

Waivers Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 2, 2018

Introduction to Conditional Permanent Residence and Filing the Petition to Remove the Conditions on Residence (Form I-751)

This practice advisory is designed to introduce practitioners to the concept of Conditional Permanent Residence, and to explain the requirements and processes for removing the conditions on residence, thereby enabling the conditional resident to obtain Lawful Permanent Residence that can last indefinitely.

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 2, 2018

New California Pretrial Diversion for Minor Drug Charges

As of January 1, 2018, California has changed its “Deferred Entry of Judgment” program to a true “pretrial diversion” program. See Penal Code § 1000, amended by AB 208. Qualifying defendants charged with minor drug offenses can participate in pretrial diversion without incurring a drug conviction for immigration purposes. This Advisory will discuss how pretrial diversion works, and how to assist immigrants who went through the old Deferred Entry of Judgment.

Crimes and categorical approach Children and SIJS Entry and admission Cross-forum Direct PDF
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