Publication
The Immigrant Legal Resource Center created the first comprehensive manual about parole in immigration law in 2016 to provide practitioners with a one-stop guide to the legal requirements of all the different types of parole, practice pointers about when and how to file for parole, and discussions of the evolving issues in parole policy. Parole in Immigration Law thoroughly addresses the three main types of parole: advance parole, humanitarian parole, and parole-in-place. The appendices include numerous sample parole applications and cover letters; USCIS, ICE, and CBP memoranda on parole issues; a sample RFE; an advance parole cover letter template; travel checklist; and many other essential tools for both private attorneys and nonprofit practitioners exploring parole as an option for their clients.
Webinar
Confused about the difference between the I-601 and I-601A, I-212 versus 212(h) waivers, or how exactly one may waive the permanent bar? This webinar will cover some of the most common waivers of inadmissibility including waivers of unlawful presence, fraud and misrepresentation, 212(h) waiver of certain criminal grounds, and more. We will explain the requirements and process for seeking each of these waivers and close with some practice tips for preparing a strong waiver application.
Webinar
We will review how the CSPA protects certain family-based beneficiaries of immigrant visa petitions and how to calculate the CSPA age. We will also review when the Visa Bulletin is involved, and when and how visa regression affects the CSPA age. Finally, we will touch on the rules regarding recapturing priority dates, discuss strategies for clients in danger of “aging out” who may not be protected by CSPA, and address a recent USCIS policy update pertaining to CSPA.
Resources
Publication Date
11/07/2023
On November 7, 2023, the ILRC submitted this comment on USCIS’s proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment provides detailed suggestions for alterations to the proposed form as well as suggested language the agency should include. ILRC urged the agency to revise the form to reduce barriers to permanent residence for applicants and adjudicators and to focus on ensuring that the form is accessible for pro se applicants.
Resources
Publication Date
11/07/2023
ILRC led a sign-on effort to provide comment to USCIS on the proposed changes to Form I-485, Application to Register Permanent Residence or Adjust Status. The comment, submitted November 7, 2023, received over 120 signatures and requested that the agency revise the form for efficiency and to remove barriers to eligible applicants.
Resources
Publication Date
01/09/2024
If you are hoping to attain lawful permanent resident status (getting a green card) or apply for an immigrant visa as a “child” and your 21st birthday is coming up, read this Community Alert to learn about how changes to USCIS’ interpretation of a law called the Child Status Protection Act might impact you.
Resources
Publication Date
01/24/2024
Recently, USCIS has conflated guidance for naturalization disability waivers of English and civics with waivers of the oath requirement for persons with disabilities. The confusion stems from USCIS’s addition of a question on oath waivers on the N-648 disability waiver form. These are separate waivers with distinct purposes, legislative histories, and administrative guidance.
This practice advisory will describe the enactment of the oath waiver and current USCIS guidance as well as describe the ways that it is distinct from a waiver of the English/civics requirement.
This practice advisory will describe the enactment of the oath waiver and current USCIS guidance as well as describe the ways that it is distinct from a waiver of the English/civics requirement.
Resources
Publication Date
02/09/2024
Resources
Publication Date
02/12/2024
On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) released a final fee rule that will go into effect April 1, 2024. This Community Alert delves into the provisions of the new rule including increased fees, expanded fee exemptions, and changes to fee waiver policy. This downloadable guide also offers some key takeaways and resources to find support for your immigration case.
Resources
Publication Date
05/08/2024
On April 1, 2024, the United States Citizenship & Immigration Services (USCIS) released a new version of Form N-400, Application for Naturalization. All applicants for naturalization must use this new form. To help attorneys, USDOJ accredited representatives, and others learn how to complete this new version of the form, we have developed a new step-by-step guide. It provides instructions on how to complete the Form N-400 and includes tips on how to best approach common issues related to eligibility and possible red flags, as well as practical considerations for submission.
Resources
Publication Date
05/20/2024
Resources
Publication Date
07/08/2024
Resources
Publication Date
07/17/2024
The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.
Resources
Publication Date
07/24/2024
On June 6, 2024, the ILRC submitted a comment in support of DHS’s temporary final rule (TFR) providing automatic extensions of employment authorization documents. The TFR specifically requested comment on whether the measure should be permanent and how long permanent automatic extensions should be. The ILRC wrote in support of a long and permanent auto-extension policy to ensure that applicants are not harmed by administrative delays that lead to lapses in document validity.
Resources
Publication Date
08/12/2024
UPDATE: On August 26, a federal court in Texas temporarily halted the Parole in Place (PIP) process for undocumented spouses and stepchildren of US citizens, also known as the Keeping Families Together program.
For a 14-day period (and possibly longer), USCIS will NOT be able to approve applications, even though applicants can still file their request for PIP. The filing fee of $580 is due at the time of filing and applicants may lose out on that fee, if they decide to apply and USCIS continues to be restricted from processing requests. As always, it will be crucial to speak with a qualified immigration legal services provider before anyone decides to file.
For a 14-day period (and possibly longer), USCIS will NOT be able to approve applications, even though applicants can still file their request for PIP. The filing fee of $580 is due at the time of filing and applicants may lose out on that fee, if they decide to apply and USCIS continues to be restricted from processing requests. As always, it will be crucial to speak with a qualified immigration legal services provider before anyone decides to file.
Resources
Publication Date
09/11/2024
Update as of September 11, 2024: In June 2024, the Biden administration announced a new Parole in Place (PIP) process for undocumented spouses and stepchildren of U.S. citizens. The goal of this process is to allow eligible applicants to adjust their status (get a green card) without having to the leave the United States and risk being separated from their families. The process went into effect on August 19, 2024, and U.S. Citizenship and Immigration Services (USCIS) started approving applications right away. However, on August 23, 2024, the state of Texas along with 15 other states filed a lawsuit to stop the process. On August 26, 2024, a federal court in Texas ordered USCIS to stop approving applications while the Court decides several issues in the case.
Resources
Publication Date
09/12/2024
The advisory provides information and updates on various parole programs including Uniting for Ukraine, Operation Allies Welcome, CHNV Parole, Family Reunification Parole, CAM Parole, and Parole in Place.
Resources
Publication Date
09/24/2024
This practice advisory describes the new “Keeping Families Together” parole in place process for certain spouses and stepchildren of U.S. citizens including what exactly is it and what you get if approved. It also details the eligibility requirements and application process as well as addressing some of the more “in the weeds” issues such as if the USC spouse is deceased, common law marriages, the different presumptions that apply depending on the applicant’s criminal history or if they have an unexecuted final removal order, and what happens if the applicant has already started consular processing. Additionally, attached to this advisory is an appendix of online filing tips specific to the Form I-131F.
Resources
Publication Date
09/26/2024
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.
Resources
Publication Date
09/19/2019
This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options.