Webinar
Level: Intermediate / AdvancedThis webinar is targeted to intermediate and advanced VAWA practitioners. We will cover changes in the USCIS policy manual and practice this year which are related to VAWA self-petitioners, including clarifications of old policies as well as new USCIS interpretations. Updates discussed will include those related to abused spouses and stepchildren, good moral character, pending family adjustment applications, and clarification of evidentiary requirements.Presenters
Webinar
Level: AllThis webinar will discuss the I-929 process for U visa principals to include qualifying family members when they adjust status. The presenters will cover eligibility requirements, current trends, and practice tips.PresentersAlison KamhiAlison Kamhi is the Legal Program Director based in San Francisco. Alison is a dedicated immigrant advocate who brings significant experience in immigration law to the ILRC. Alison leads the ILRC's Immigrant Survivors Team and conducts frequent in-person and webinar trainings on naturalization and citizenship, family-based immigration, U visas, and FOIA requests. She also provides technical assistance through the ILRC’s Attorney of the Day program on a wide range of immigration issues, including immigration options for youth, consequences of criminal convictions for immigration purposes, removal defense strategy, and eligibility for immigration relief, including family-based immigration, U visas, VAWA, DACA, cancellation of removal, asylum, and naturalization.
Publication
A Guide for Immigration Advocates is a practical and essential tool for beginning immigration attorneys, immigration law firms employing paralegals, DOJ accredited representatives, and nonprofit community-based organizations. The Guide is unique among immigration law manuals because it provides a comprehensive detailed overview of the law that is both practical and easy to use. More than a compilation of immigration law topic articles, it’s a how-to manual containing clearly worded explanations of each subject and includes sample applications, charts, and examples to illustrate the concepts. This invaluable resource also provides practical advice on working with your clients to elicit the information you need to assist them efficiently and accurately.
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.
Resources
Drug offenses cause the harshest, most disproportionate immigration penalties of any offense. Criminal defenders and immigration advocates need information to work aggressively to defend immigrant clients. This advisory provides strategies to avoid a drug conviction, including how and when to use Penal Code § 372.5 (2023), along with practice tips, resources, and arguments to support negotiating for an immigration neutral plea or disposition in criminal court.
Resources
Publication Date
11/02/2022
Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to commit the offense, or in other cases mitigation of sentence. This advisory describes the new criminal laws and their immigration effect, so that criminal defenders and immigration and survivor advocates are aware of these options.
Resources
This practice advisory reviews the updates and changes made by USCIS in 2022 to VAWA policy and process related to self-petitioners, and includes related practice tips.
Resources
Publication Date
12/13/2022
This advisory contains general information shared by USCIS staff during the September 2022 stakeholder event. It contains notes compiled by the American Immigration Lawyers Association (AILA) VAWA, U, and T National Committee and reflects USCIS responses to questions posed by the committee and partners.
Resources
Publication Date
12/15/2022
The Violence Against Women Act (VAWA) has created opportunities for individuals to get protection from deportation, among other benefits, if they have suffered abuse from a spouse or certain family members. This brief overview walks through the immigration eligibility and benefits involved with VAWA.
Webinar
Level: Beginner
This webinar will cover the unique nature of U nonimmigrant status, including the U petition, U waiver, the bona fide determination process, the U waitlist, and U adjustment of status. The presenters will discuss in detail the eligibility criteria for U nonimmigrant status, covering trends and practice tips.
Presenters
Alison Kamhi - Legal Program Director, ILRC
Alison Kamhi is the Legal Program Director based in San Francisco. Alison is a dedicated immigrant advocate who brings significant experience in immigration law to the ILRC. Alison leads the ILRC's Immigrant Survivors Team and conducts frequent in-person and webinar trainings on naturalization and citizenship, family-based immigration, U visas, and FOIA requests. She also provides technical assistance through the ILRC’s Attorney of the Day program on a wide range of immigration issues, including immigration options for youth, consequences of criminal convictions for immigration purposes, removal defense strategy, and eligibility for immigration relief, including family-based immigration, U visas, VAWA, DACA, cancellation of removal, asylum, and naturalization.
She has co-authored a number of publications, including The U Visa: Obtaining Status for Immigrant Victims of Crimes (ILRC); FOIA Requests and Other Background Checks (ILRC); Naturalization and U.S. Citizenship (ILRC); Hardship in Immigration Law (ILRC); Parole in Immigration Law (ILRC); Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth (ILRC); A Guide for Immigrant Advocates (ILRC); and Most In Need But Least Served: Legal and Practical Barriers to Special Immigrant Juvenile Status for Federally Detained Minors, 50 Fam. Ct. Rev. 4 (2012).
Alison facilitates the eight member Collaborative Resources for Immigrant Services on the Peninsula (CRISP) collaborative in San Mateo County to provide immigration services to low-income immigrants in Silicon Valley.
Prior to the ILRC, Alison worked as a Clinical Teaching Fellow at the Stanford Law School Immigrants' Rights Clinic, where she supervised removal defense cases and immigrants' rights advocacy projects. Before Stanford, she represented abandoned and abused immigrant youth as a Skadden Fellow at Bay Area Legal Aid and at Catholic Charities Community Services in New York. While in law school, Alison worked at the United Nations High Commissioner for Refugees (UNHCR), the ACLU Immigrants' Rights Project, and Greater Boston Legal Services Immigration Unit. After law school, she clerked for the Honorable Julia Gibbons in the U.S. Court of Appeals for the Sixth Circuit.
Alison received her J.D. from Harvard Law School and her B.A. from Stanford University. Alison is admitted to the bar in California and New York. She speaks German and Spanish.
Jennefer Canales-Pelaez - Texas Policy Attorney & Strategist, ILRC
Jennefer joined the ILRC in 2022. Jennefer has advocated for immigrant rights from the age of 11 when she advocated for her father’s immigration status to the President at the time, George W. Bush. Although her father was ultimately deported, Jennefer dedicated her life and career to ensuring that no one else experiences the trauma she felt at the age of 11.
She graduated from Occidental College with a B.A. in Sociology in 2012 and earned her Juris Doctor from Southwestern Law School in 2016. Jennefer is a member of the State Bar of California and the Ninth Circuit Court of Appeals. Jennefer has been involved with ICE out of LA, Southwestern Immigration Law Clinic, National Immigration Law Center (NILC), Esperanza Immigrant Rights Project, Immigrant Defenders Law Center (IMMDEF), Coalition for Humane Immigrant Rights (CHIRLA) and worked with the Los Angeles Immigration Court. Jennefer is a former board member and co-president of the National Lawyers Guild-LA Chapter, former Apen Ideas Scholar and KIPP Accelerator. After moving back to her hometown, Houston, Texas in 2019, she represented survivors of gender-based violence at Tahirih Justice Center prior to joining the ILRC. Jennefer was nominated as one of Houston’s Unsung Heros in 2020 and is a current KIPP Texas board member.
Brooke Parr - Directing Attorney, ICWC San Diego
Brooke joined ICWC in 2011, helping to introduce ICWC services to the San Diego community. She represents clients in VAWA, U Visa, Adjustment of Status, guardianship, SIJS, and DACA cases. Brooke often provides trainings to local law enforcement agencies and community-based organizations on U Visa and VAWA. Prior to ICWC, Brooke worked at Casa Cornelia Law Center (CCLC) in San Diego, devoting her time to providing free legal services to indigent immigrants. During her time with CCLC, Brooke held various positions, including Pro Bono Program Director and Domestic Violence Program Director. Brooke received her J.D. degree from the University of Southern California Gould School of Law and graduated from Stanford University with a B.A. in Psychology and a B.A. in Spanish. During her time at USC, Brooke worked as an intern at Public Counsel Law Center in Los Angeles and participated in USC’s Children’s Rights Clinic. She gained experience assisting families who were adopting children who had been abused, abandoned, or neglected and assisted attorneys with guardianship and Special Immigrant Juvenile Status (SIJS) cases. She also served as Notes Editor for her honors journal, Southern California Review of Law and Social Justice (RLSJ) and authored a publication for RLSJ, regarding the benefits received by families adopting children from the foster care system who have special needs. Brooke is admitted to the California bar and is fluent in Spanish.
This webinar will cover the unique nature of U nonimmigrant status, including the U petition, U waiver, the bona fide determination process, the U waitlist, and U adjustment of status. The presenters will discuss in detail the eligibility criteria for U nonimmigrant status, covering trends and practice tips.
Presenters
Alison Kamhi - Legal Program Director, ILRC
Alison Kamhi is the Legal Program Director based in San Francisco. Alison is a dedicated immigrant advocate who brings significant experience in immigration law to the ILRC. Alison leads the ILRC's Immigrant Survivors Team and conducts frequent in-person and webinar trainings on naturalization and citizenship, family-based immigration, U visas, and FOIA requests. She also provides technical assistance through the ILRC’s Attorney of the Day program on a wide range of immigration issues, including immigration options for youth, consequences of criminal convictions for immigration purposes, removal defense strategy, and eligibility for immigration relief, including family-based immigration, U visas, VAWA, DACA, cancellation of removal, asylum, and naturalization.
She has co-authored a number of publications, including The U Visa: Obtaining Status for Immigrant Victims of Crimes (ILRC); FOIA Requests and Other Background Checks (ILRC); Naturalization and U.S. Citizenship (ILRC); Hardship in Immigration Law (ILRC); Parole in Immigration Law (ILRC); Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth (ILRC); A Guide for Immigrant Advocates (ILRC); and Most In Need But Least Served: Legal and Practical Barriers to Special Immigrant Juvenile Status for Federally Detained Minors, 50 Fam. Ct. Rev. 4 (2012).
Alison facilitates the eight member Collaborative Resources for Immigrant Services on the Peninsula (CRISP) collaborative in San Mateo County to provide immigration services to low-income immigrants in Silicon Valley.
Prior to the ILRC, Alison worked as a Clinical Teaching Fellow at the Stanford Law School Immigrants' Rights Clinic, where she supervised removal defense cases and immigrants' rights advocacy projects. Before Stanford, she represented abandoned and abused immigrant youth as a Skadden Fellow at Bay Area Legal Aid and at Catholic Charities Community Services in New York. While in law school, Alison worked at the United Nations High Commissioner for Refugees (UNHCR), the ACLU Immigrants' Rights Project, and Greater Boston Legal Services Immigration Unit. After law school, she clerked for the Honorable Julia Gibbons in the U.S. Court of Appeals for the Sixth Circuit.
Alison received her J.D. from Harvard Law School and her B.A. from Stanford University. Alison is admitted to the bar in California and New York. She speaks German and Spanish.
Jennefer Canales-Pelaez - Texas Policy Attorney & Strategist, ILRC
Jennefer joined the ILRC in 2022. Jennefer has advocated for immigrant rights from the age of 11 when she advocated for her father’s immigration status to the President at the time, George W. Bush. Although her father was ultimately deported, Jennefer dedicated her life and career to ensuring that no one else experiences the trauma she felt at the age of 11.
She graduated from Occidental College with a B.A. in Sociology in 2012 and earned her Juris Doctor from Southwestern Law School in 2016. Jennefer is a member of the State Bar of California and the Ninth Circuit Court of Appeals. Jennefer has been involved with ICE out of LA, Southwestern Immigration Law Clinic, National Immigration Law Center (NILC), Esperanza Immigrant Rights Project, Immigrant Defenders Law Center (IMMDEF), Coalition for Humane Immigrant Rights (CHIRLA) and worked with the Los Angeles Immigration Court. Jennefer is a former board member and co-president of the National Lawyers Guild-LA Chapter, former Apen Ideas Scholar and KIPP Accelerator. After moving back to her hometown, Houston, Texas in 2019, she represented survivors of gender-based violence at Tahirih Justice Center prior to joining the ILRC. Jennefer was nominated as one of Houston’s Unsung Heros in 2020 and is a current KIPP Texas board member.
Brooke Parr - Directing Attorney, ICWC San Diego
Brooke joined ICWC in 2011, helping to introduce ICWC services to the San Diego community. She represents clients in VAWA, U Visa, Adjustment of Status, guardianship, SIJS, and DACA cases. Brooke often provides trainings to local law enforcement agencies and community-based organizations on U Visa and VAWA. Prior to ICWC, Brooke worked at Casa Cornelia Law Center (CCLC) in San Diego, devoting her time to providing free legal services to indigent immigrants. During her time with CCLC, Brooke held various positions, including Pro Bono Program Director and Domestic Violence Program Director. Brooke received her J.D. degree from the University of Southern California Gould School of Law and graduated from Stanford University with a B.A. in Psychology and a B.A. in Spanish. During her time at USC, Brooke worked as an intern at Public Counsel Law Center in Los Angeles and participated in USC’s Children’s Rights Clinic. She gained experience assisting families who were adopting children who had been abused, abandoned, or neglected and assisted attorneys with guardianship and Special Immigrant Juvenile Status (SIJS) cases. She also served as Notes Editor for her honors journal, Southern California Review of Law and Social Justice (RLSJ) and authored a publication for RLSJ, regarding the benefits received by families adopting children from the foster care system who have special needs. Brooke is admitted to the California bar and is fluent in Spanish.
Webinar
Cancellation of removal under the Violence Against Women Act (“VAWA”) is a generous though often overlooked form of relief for abused noncitizens faced with removal proceedings. VAWA cancellation often benefits abused spouses and sons and daughters even when VAWA self-petitioning and adjustment is no longer possible due to missed deadlines and “age-outs.” This webinar will discuss the qualifying relationships necessary for relief, the basic eligibility requirements for VAWA cancellation, as well as the statutory and regulatory bars to cancellation that are applicable. We will also compare and contrast eligibility for VAWA cancellation with VAWA self-petitions and nonLPR cancellation.
Resources
Publication Date
03/01/2023
In August 2021, U.S. Immigration and Customs Enforcement (ICE) announced a new “victim-centered approach” for immigration enforcement. This FAQ outlines what this means, what the directive is expected to do, and who qualifies for this new enforcement approach.
Resources
Publication Date
03/08/2023
On March 8, ILRC provided comments on the USCIS proposed fee rule. In the comment, ILRC commended agency actions codifying fee exemptions. Additionally, ILRC requested that USCIS codify fee waiver eligibility standards and raise the income threshold for fee waivers. We also requested that fee increases be reduced for applications for lawful permanent residence, work authorization and family petitions, among others. Finally, the comment provides requested changes to various USCIS forms that are open for comment in conjunction with the proposed fee rule.
Resources
Publication Date
03/10/2023
U.S. Citizenship and Immigration Services (USCIS) policy guidance provides important information on how USCIS interprets these requirements and approaches T Visa adjudications. On October 20, 2021, USCIS added comprehensive policy guidance on T Visas to its Policy Manual. This practice advisory explores how these updates interpret the definition of a “severe form of trafficking in persons,” a key eligibility requirement for the T Visa.
Resources
Publication Date
03/22/2023
On March 22, 2023, the ILRC sent a letter to USCIS acknowledging the implementation of biometrics flexibilities for domestic benefits applicants who live in remote areas. The ILRC commended the agency on its provision of flexibilities to ensure that all domestic applicants could continue with their benefits applications regardless of physical location in the United States. The ILRC further urged USCIS to expand these flexibilities to applicants abroad and highlighted the negative effects that consulate closures abroad have had on U and T visa applicants attempting to complete their biometrics abroad.
Resources
Publication Date
03/24/2023
Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abuser, and abused adult sons and daughters are eligible for cancellation without age or marital limitations. This practice advisory introduces and provides an in depth review of each eligibility requirement for VAWA cancellation, discusses the applicable evidentiary standard, and considers procedural issues and strategies useful in immigration court as well as issues arising after an immigration judge issues a decision. Included in this practice advisory is an appendix with a side-by-side comparison of three forms of immigration relief often available to survivors in removal proceedings: VAWA cancellation, VAWA self-petitioning and adjustment of status, and non-LPR cancellation.
Resources
Publication Date
06/15/2023
U nonimmigrant status, commonly referred to as a “U visa”, is a form of immigration relief available to people who are survivors of certain crimes that happened in the United States. This guide serves as a walkthrough of the different benefits granted when approved for a U visa – and those that are granted while an application is pending.
Resources
Publication Date
08/23/2023
Immigration law demonizes people whom it labels as “drug abusers and addicts,” “habitual drunkards,” and “alcoholics.” The implication is that they are morally weak, dangerous, or evil. An immigrant who comes within such a category can be found inadmissible and ineligible to establish good moral character, and can be denied several forms of immigration relief as well as naturalization. But from a scientific perspective, these people suffer from a substance use disorder (SUD), a medical condition that frequently arises after the person has undergone severe trauma. Substance Use Disorder is a growing health crisis that currently affects over 20 million people in the United States.
This Advisory is written by immigration attorneys and medical doctors specializing in SUD, to examine the issue from both perspectives. Part I of the advisory discusses the several immigration law penalties based on substance use (even when use has not risen to a disorder) and suggests legal defense strategies. Part II of the advisory reviews current medical information about the disorders and discusses how this information can address questions that arise in immigration proceedings.
This Advisory is written by immigration attorneys and medical doctors specializing in SUD, to examine the issue from both perspectives. Part I of the advisory discusses the several immigration law penalties based on substance use (even when use has not risen to a disorder) and suggests legal defense strategies. Part II of the advisory reviews current medical information about the disorders and discusses how this information can address questions that arise in immigration proceedings.
Resources
Publication Date
09/01/2023
This practice advisory covers ways to gather information to determine whether your client might be inadmissible, how to address inadmissibility issues when applying for U nonimmigrant status, and how to file for an inadmissibility waiver for a U nonimmigrant applicant.
Resources
Publication Date
08/30/2023
On August 1, 2023, USCIS published long-awaited Policy Manual guidance on the definition and process for determining statelessness. ILRC commented favorably on most of the guidance and made suggestions for some improvements.
Resources
Publication Date
10/10/2023
This practice advisory covers what to do when inadmissibility factors are discovered or triggered outside the U petitioning process such as after applying for or receiving U nonimmigrant status, adjusting status through INA § 245(m), adjusting status under a different petition, or traveling outside the country.
Resources
Publication Date
10/16/2023
The ILRC commented on USCIS policy guidance regarding Safe Address and Special Procedures for Persons Protected by 8 USC 1367. ILRC commends USCIS for this guidance and provides suggestions for further strengthening the guidance.
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.
Publication
The U Visa: Obtaining Status for Immigrant Survivors of Crime will guide you through the entire process of handling an immigration case for a U visa petitioner—from eligibility screening for U nonimmigrant status, to communicating about the waitlist, bona fide determination, and deferred action, to adjustment of status, to assisting eligible family members, and to helping U nonimmigrants travel.
Webinar
This webinar will address some of the more challenging aspects of representing clients eligible for VAWA benefits, such as issues relating to the representation of VAWA applicants who do not identify as female, gathering evidence of emotional abuse, public benefits available to VAWA applicants, alternatives to VAWA adjustment, and selected adjustment and naturalization issues that may arise.
Webinar
This webinar will cover the different ways that U petitioners can include derivatives, including at the time of filing the principal application, after the principal application has been filed, and after the principal application has been approved. Using hypotheticals, the webinar will also discuss common challenges that arise in U derivative cases, such as after-acquired relationships, extensions of status, and U derivatives abroad.
Resources
Publication Date
10/07/2024
AILA, ILRC, CAST, Lucas & Barba LLP, Urban Justice Center, Her Justice, and ASISTA coordinated a stakeholder meeting on May 8, 2023. These unofficial notes capture the questions asked and general information shared by USCIS staff.
Resources
Publication Date
01/08/2024
ILRC submitted this comment on the many proposed changes to U Visa Forms I-918, I-918A, and I-918B. ILRC commended the agency for many changes, including shortening Forms I-918 and I-918A and removing many questions about rare grounds of inadmissibility. ILRC also provided suggestions for how the agency could further streamline Forms I-918 and I-918A, and raised concerns about the expansion of Form I-918B.
Resources
Publication Date
01/09/2024
Criminal Convictions can have serious consequences on peoples’ lives – especially non-citizens who wish to stay in the United States. Many immigration benefits have criminal bars, meaning that certain convictions will prevent you from getting a lawful immigration status, like permanent residence (green card). This Community Explainer offers some options for those who have had certain convictions related to domestic violence or human trafficking, with insights about how to define these crimes, some example scenarios, and explanations about the benefits of a legal tool called a “vacatur.”