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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 626 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 468 USCIS and AAO appeals 216 Crim-imm screening 158 VAWA, U, T, and survivor relief 199

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Immigrant Legal Resource Center Practice advisory Nov 20, 2020

California Sentences and Immigration

In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed immigration advocate wants to be able to explain this to an immigration judge or adjudicator to win

Crimes and categorical approach Immigration court Direct PDF
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National Immigration Project Practice advisory Nov 20, 2020

Practice Alert: Protecting the Materiality Requirement in False Citizenship Claim Cases Outside the Eleventh Circuit

This Practice Alert addresses Patel ’s second holding: that false claims to U.S. citizenship render noncitizens removable even if the claim had no possible impact on the decision or application at issue—that is, even if the false citizenship claim is immaterial.

Naturalization Court of appeals Direct PDF
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American Immigration Council Practice advisory Nov 20, 2020

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA) — such as a complaint challenging an employment-based immigration petition denial : “I just received the government’s answer. Now what ?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains ho

Employment Federal court Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 19, 2020

Risks of Filing Affirmative T Visa Applications Under the Current NTA Memo

T nonimmigrant status (often called a “T visa”) is a form of immigration relief for survivors of human trafficking that provides four years of lawful immigration status, employment authorization, access to certain public benefits, and the opportunity to apply for lawful permanent residency. However, the current U.S. Citizenship and Immigration Services (USCIS) policy on Notices to Appear (NTA), which has been in effect since 2018, has drastically increased the risks of applying for T nonimmigran

Removal defense Employment Naturalization USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 20, 2020

The Asylum Transit Ban after CAIR Coalition v. Trump: Obtaining Relief in Asylum Transit Ban Cases

On June 30, 2020, the Third Country Asylum Rule, or asylum transit ban, was found unlawful and struck down nationwide in CAIR Coalition v. Trump . This advisory discusses the asylum transit ban, the CAIR Coalition decision, and possible strategies for people who have been denied under the ban to reopen their cases and receive asylum.

Asylum Motions to reopen / reconsider Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 9, 2020

USCIS Fee Increases Enjoined September 29, 2020 – USCIS’s Fee Rule Not in Effect

USCIS attempted to drastically limit fee waiver availability and fee waiver standards through the 2020 fee rule. The agency also tried to limit fee waivers by changing the I-912 fee waiver form. For now, these attempted changes have been stopped by injunctions. Applicants can continue to apply for fee waivers based on the 2011 fee waiver guidance.

Waivers USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 2, 2020

USCIS Fee Rule Enjoined September 29, 2020

Alert : On September 29, 2020 the Fee Rule was enjoined nation-wide in its entirety by a District court in the Northern District of California, ILRC et al. v. Chad F. Wolf, et al . (ND California) (Case 4:20-cv-05883-JSW) (Sept. 29, 2020).

Federal court USCIS Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 3, 2020

Absences and Continuous Residence

Absences from the United States can affect an applicant’s eligibility for naturalization in numerous ways. In this practice advisory, we focus specifically on how absences of varying lengths of time affect the continuous residence requirement.

Naturalization Cross-forum Direct PDF
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ASISTA Practice advisory Sep 1, 2020

ASISTA Practice Pointer: Requesting Congressional Liaison Assistance (September 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ASISTA Practice advisory Aug 31, 2020

ASISTA Practice Pointer: FOIA Requests to DHS in Survivor-Based Cases (August 31, 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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National Immigration Project Practice advisory Aug 24, 2020

Practice Alert: Matter of Reyes

On July 30, 2020, the Attorney General (AG) issued Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020), where he endorsed a novel theory of removability. This practice alert provides a summary of the decision and potential practice tips for both immigration practitioners and criminal defense attorneys.

Crimes and categorical approach Cross-forum Direct PDF
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