Resources
Publication Date
10/02/2019
While the best-case scenario would be for United States Citizenship and Immigration Services (USCIS) to approve a person’s naturalization application, receiving a denial after a naturalization interview is not the end of the road. If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.
Resources
Publication Date
10/08/2019
Sanchez v. Sessions was a landmark Ninth Circuit ruling on suppression of evidence and termination of removal proceedings. This advisory explains the decision, lays out the different legal standards for suppression and termination in immigration court, and highlights key holdings that practitioners can use to better defend their clients.
Resources
Publication Date
10/31/2019
On October 25, 2019, Attorney General Barr issued a precedential opinion limiting when immigration authorities will give effect to a state court modification of an imposed sentence. See Matter of Thomas and Matter of Thompson, 27 I&N Dec. 674 (AG 2019), available at: https://www.justice.gov/eoir/page/file/1213201/download (“Matter of Thomas/Thompson”) While advocates plan to challenge this decision in the courts of appeals, it is now binding law. This advisory summarizes the case, provides advice to defenders, post-conviction practitioners, and immigrant advocates about its implementation, and suggests arguments to raise on appeal.
Resources
Publication Date
11/05/2019
This practice alert highlights the key take-aways from three recently adopted AAO decisions and some of the most important elements of the proposed regulations for advocates to challenge through comments, and contains an Appendix with case summaries of the AAO decisions.
Resources
Publication Date
11/08/2019
On November 1, 2019 the Department of Homeland Security (DHS) announced the automatic extension of employment authorization and other documentation for Temporary Protected Status (TPS) holders from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Each of those TPS-designated countries was set to expire in 2020 but will now be automatically extended through January 4, 2021. This practice advisory lays out what community members need to know and should do now.
Resources
Publication Date
07/22/2024
Office of Refugee Resettlement (ORR) records requests are an important tool for advocates who are representing people who were detained in ORR custody as children. This practice advisory discusses the role ORR records play in an immigration case and outlines the process for requesting them.
Resources
Publication Date
12/02/2020
Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr, --U.S.--, 140 S.Ct. 1442 (2020). This Advisory is an updated step-by-step guide to eligibility, potential arguments, and defense strategies for LPR cancellation.
Resources
Publication Date
11/15/2019
This advisory provides an overview of basic concepts in immigration law and describes the government agencies that work in this area. It is a primer for paralegals and accredited representatives who are new to the subject.
Resources
Publication Date
11/27/2019
People who were wrongfully admitted to the United States due to a misrepresentation—i.e., those who were in fact inadmissible at time of admission—may be eligible for a waiver of deportability under INA § 237(a)(1)(H). This lesser-known waiver is only available in removal proceedings and unlike most waiver requests, does not involve any application form or fee. This advisory explains who can request a 237(a)(1)(H) waiver and the process for applying.
Resources
Publication Date
12/11/2019
In order to qualify for naturalization, lawful permanent residents must meet several residence and physical presence requirements that are often mistaken for one another and muddled together. Traveling outside of the United States can not only affect these requirements for naturalization, but they can cause United States Citizenship and Immigration (USCIS) officials to find that a person abandoned their lawful permanent resident status, which can have severe consequences. In this practice advisory, we review these requirements in detail as well as the related issues surrounding abandonment of lawful permanent residence.
Resources
Publication Date
12/16/2019
Preparing a strong case for bond for detained clients has become more important than ever. This practice advisory discusses how to address evidentiary issues and challenges in bond proceedings and provides tips for proving your bond case, as well as overcoming negative factors.
Resources
Publication Date
12/17/2019
It is important to remember that immigration law and regulations exempt some categories of immigrants from public charge inadmissibility and provide many types of immigration status that are not subject to the public charge ground of inadmissibility. This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immigrants who may be considering adjustment of status or consular processing through a family or employer petition after having a status that is not subject to public charge inadmissibility. Understanding these considerations will help advocates best counsel their clients and prepare applications in the current climate of uncertainty surrounding public charge policy.
Resources
Publication Date
12/19/2019
This report outlines the established purpose and availability of fee waivers for immigration applications, examines recent USCIS proposals to limit access and create more stringent evidentiary standards, and explores the potential consequences of a more restrictive framework on domestic violence victims and other survivors of crime. It includes results of an informal survey of legal service providers assisting domestic violence and other crime victims from around the country. Finally, it offers recommendations to make fee waivers accessible and facilitate broad access to humanitarian immigration benefits.
Resources
Publication Date
12/19/2019
The U nonimmigrant status, often referred to as the “U Visa,” is a form of immigration relief available to noncitizens who have been victims of serious crimes in the United States. As part of the protection given to victims of crimes, U petitioners are able to include certain family members in the application process. These family members are known as “derivatives”. For many family members, being a derivative on an application may be the only way they will be able to get legal status in the United States. This practice advisory outlines the requirements for U nonimmigrant derivatives as well as considerations to keep in mind when filing an application.
Resources
Publication Date
12/19/2019
The nonimmigrant status, often referred to as the “T visa” is a form of immigration status for certain noncitizen survivors of trafficking. This visa was created by Congress to help combat human trafficking and provide immigration relief to persons who were affected. As part of the protections given, Congress allowed for applicants to petition for certain family members to gain status. These family members are known as “derivatives.” For many family members, being a derivative on an application may be the only way they will be able to get legal status in the United States. This practice advisory provides information on derivatives for T nonimmigrant status as well as considerations to keep in mind when filing an application.
Resources
Publication Date
01/03/2020
Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always require proof of "extreme hardship." Unfortunately, it can't be used to waive drug convictions or conduct, other than a single incident involving possessing a small amount of marijuana.
Resources
Publication Date
01/03/2020
Effective December 20, 2019, the Liberian Refugee Immigration Fairness (LRIF) act opened a one-year window that will allow many Liberians living in the United States to apply for permanent residence. The act was buried in Section 7611 of the National Defense Authorization Act for Fiscal Year 2020. This practice advisory will provide a summary of the law, which went into effect immediately and will only allow applications for relief up to December 20, 2020.
Resources
Publication Date
01/22/2020
Since 2015, the process of immigrating to the United States as the spouse of a USC or an LPR should not be any different for an LGBTQ couple than any other couple. However, advocates working with LGBTQ couples may need to consider a variety of factors when documenting and providing representation for an LGBTQ marriage-based petition. For example, is the couple currently living a jurisdiction where they can lawfully marry? And, if not, what other options does a couple have? And how might a marriage-based petition packet look if the couple has not shared their marriage or LGBTQ identity with one or both of their families? This advisory will address the first step of the marriage-based immigration process for same-sex married couples: submitting evidence of a bona fide marriage. It will also discuss red flags to address when preparing such applications and strategies for preventing fraud accusations by USCIS.
Resources
Publication Date
02/23/2020
Although the TVPRA exempts unaccompanied children (UCs) from the one-year filing deadline for asylum, the current administration has been attempting to erode these protections. As a result, many UCs are at risk of losing their statutory protections and being subjected to the one-year filing deadline. This practice advisory provides UC advocates with an overview of the deadline, the exceptions for changed and extraordinary circumstances, and specific tips on satisfying this requirement in UC cases.
Resources
Publication Date
03/27/2020
This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.
Resources
Publication Date
03/27/2020
This advisory provides an overview of the immigration consequences of delinquency and helps advocates understand the distinctions between delinquency and crime to be able to assess whether a youth has committed an act of delinquency or a crime. It arms advocates with arguments to protect their noncitizen clients who have engaged in unlawful conduct as minors.
Resources
Publication Date
04/02/2020
This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how to prepare and file motions in a way that meets legal requirements and complies with the Board’s procedural rules.
Resources
Publication Date
04/02/2020
The VAWA Self-Petition allows abused immigrants to petition for legal status independently of their abuser. The process mirrors that of the family-based process but frees the victim from having to rely on the abuser’s cooperation to file a family-based petition. Under VAWA, an abused spouse or child of a lawful permanent resident (LPR) or U.S. citizen (USC), or an abused parent of a USC son or daughter can submit a self-petition on their own. Individuals who qualify for VAWA are able to include derivatives on their applications and both the principal and derivative are able to gain immigration benefits through the process. This practice advisory provides information on derivatives for the VAWA self-petition process as well as considerations to keep in mind when filing an application.
Resources
Publication Date
04/07/2020
The Department of Homeland Security and the Department of Justice are ramping up efforts to investigate U.S. citizens and pursue denaturalization cases. This will result in many U.S. citizens being denaturalized and losing their citizenship. These efforts will have a chilling effect on the number of legal permanent residents applying for U.S. citizenship and will further burden a system that is already delayed in adjudicating and granting immigration benefits. This Practice Advisory reviews the present state of denaturalization and revocation of citizenship. It thoroughly reviews the statutes and caselaw to date in denaturalization and revocation of citizenship. Practitioners handling these cases will find this Practice Advisory to be very useful when defending U.S. citizens who are under the threat of having their citizenship torn away from them.
Resources
Publication Date
04/09/2020
Over the years, various courts throughout the country have agreed that prolonging custody of a person solely based on an ICE detainer request is unlawful for numerous reasons. This practice advisory provides a summary of the court decisions related to ICE detainers and the arguments to challenge localities that continue to detain people for ICE. The cases discussed here illustrate some of the detailed arguments that are developing over what the Fourth Amendment requires and what is authorized or not by federal and state laws.
Resources
Publication Date
04/15/2020
In 2016, California passed California Penal Code § 1473.7, a critical post-conviction relief vehicle for people no longer in criminal custody to move to eliminate prior convictions that violated constitutional and statutory rights to due process and effective assistance of counsel. Under decades of legal precedent, prior offenses vacated on this basis are outside the federal immigration definition of "conviction." Nevertheless, some DHS attorneys incorrectly argue that § 1473.7 vacaturs are not effective for immigration purposes. This practice advisory, a Sample Memorandum of Law and Table of BIA Cases, presents arguments and precedent for refuting DHS's arguments.
Resources
Publication Date
04/21/2020
U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for crime survivors. Congress created these forms of relief with the dual purpose of aiding law enforcement, by encouraging crime victims to cooperate, and providing humanitarian relief for crime survivors. Both forms of relief have a certification process by which applicants request certification from a law enforcement agency to document their cooperation. In recent years, many states have enacted U and T visa certification legislation in order to assist eligible immigrants in obtaining law enforcement certifications. This practice advisory provides a summary of the current and pending state statutes regarding certifications as of March 2020.
Resources
Publication Date
04/21/2020
Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection. It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the advisory contains a useful chart which compares asylum, withholding of removal, and CAT.
Resources
Publication Date
04/21/2020
Increasingly prosecutors are asked to consider immigration consequences in the charging and plea-bargaining process. Some states have adopted policies requiring prosecutors to consider such consequences, see, e.g., Cal. Pen. C. § 1016.3(b), and some prosecutor offices have adopted internal guidelines mandating the consideration of immigration consequences. This advisory provides context for why such a prosecutorial policy or practice is legally necessary and permitted, if not mandated, by constitutional law and governing codes of conduct.
Resources
Publication Date
05/06/2020
On April 23, 2020, the U.S. Supreme Court issued an adverse, 5-4 decision in Barton v. Barr, No. 18-725 (U.S. Apr. 23, 2020), a case regarding the “stop-time rule” and eligibility for cancellation of removal. The Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) stops time for purposes of cancellation, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. The Barton opinion will primarily limit eligibility for LPR cancellation, but will have some impact on non-LPR cancellation and VAWA cancellation. This Practice Alert provides a summary and some analysis of the Barton opinion, and some initial tips for practitioners.