Resources
Publication Date
05/20/2024
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
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
02/09/2024
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
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
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
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
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
08/23/2023
This practice alert provides an overview of new USCIS policy guidance and a recent BIA case that now officially acknowledge that the three- and ten-year unlawful presence bars can run in the United States. This practice alert summarizes current policy on the three- and ten-year bars as well as covering who does (and does not) benefit from this policy.
Resources
Publication Date
07/11/2023
This quick guide shares how to check your Selective Service registration status. For various applications with U.S. Citizenship and Immigration Services (USCIS), providing proof of registration with the Selective Service System is a vital part of qualifying for immigration relief. Learn more with this step-by-step guide.
Resources
Publication Date
07/11/2023
This FAQ provides an update on immigration application filing fee changes that were recently proposed by U.S. Citizenship and Immigration Services (USCIS).
Resources
Publication Date
04/13/2023
This introductory practice advisory explains 245(i), including “grandfathering” and “after acquired,” and includes screening questions to assist in identifying and evaluating possible 245(i) options for your clients.
Resources
Publication Date
03/31/2023
Undocumented individuals who have U.S. citizen children often ask when and if their child can help them obtain their Lawful Permanent Resident status. A citizen child who is over 21 years old can begin the process for a parent to get their Permanent Residence card, often referred to as a green card. However, the process can be complicated and any parent seeking a green card through their child needs to carefully consider certain things before they move forward. This guide provides a brief explanation of this process, what is needed for a son or daughter to help their parent(s) obtain status, and some considerations to keep in mind as you explore this process.
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
03/14/2023
This practice alert provides an overview of USCIS’s new policy on TPS travel, including a new travel document specific to TPS holders that replaces advance parole, rescission of Matter of Z-R-Z-C-, and clarification of the legal effect of TPS-authorized travel, especially for adjustment of status.
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
09/29/2022
Consular processing is one of ways an individual can obtain lawful permanent residence. This process is often confusing and daunting to individuals who do not regularly work on these types of cases since the process is completed with a U.S. consulate abroad and involves interaction with several government agencies. This practice advisory provides an overview of the steps involved in a consular processing case and some considerations to keep in mind.
Resources
Publication Date
09/16/2022
This advisory provides an introduction to the Affidavit of Support including various ways to meet the financial requirements, different types of sponsors who may submit Affidavits of Support, who is considered a “household member” for purposes of the Affidavit of Support, and exemptions to the Affidavit of Support.
Resources
Publication Date
09/13/2022
EOIR recently published proposed changes to the forms used to apply for DOJ recognition and accreditation. ILRC submitted comments objecting to the changes, which add new and burdensome requirements for applicants. The information requested and the new documentary requirements exceed the requirements in the regulations.
Resources
Publication Date
09/07/2022
ILRC commended USCIS on its recent extension of COVID flexibility policies through October 23, 2022. In addition, we suggested some new COVID-related policies to ameliorate the impact of the pandemic, including longer extensions of time to respond to notices and decisions, adoption of a mailbox rule for filing deadlines, and allowing waivers to proceed despite death of a qualifying relative.
Resources
Publication Date
08/29/2022
ILRC commends USCIS on the recent USCIS Policy Manual additions clarifying guidance on the unlawful presence bars. We further thank USCIS for rescinding Matter of Z-R-Z-C and updating its interpretation on the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries. These changes will benefit affected applicants significantly, create clarity and consistency across adjudications, and help USCIS achieve its overall mission to uphold America’s promise as a nation of welcome and possibility.
Resources
Publication Date
05/04/2022
This advisory provides practitioners with current information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
Resources
Publication Date
04/14/2022
The ILRC submitted these recommended priorities to USCIS for improvements to the USCIS Policy Manual. This letter follows our list of USCIS Policy Manual recommendations provided to USCIS on September 2, 2021 (available here: https://www.ilrc.org/sites/default/files/resources/ilrc_uscis_pm_suggestions.pdf). While every change we suggested is important, a few have become more urgent as they are needed immediately to prevent further erroneous denials of benefits to immigrants and unnecessary chilling effects. The following priorities were gathered after conversations with partners across the country, and in direct response to requests from immigration practitioners and community members who are seeing benefits denied in the meantime. Furthermore, these changes will help rectify the Trump administration’s policies, increase access to immigration benefits, and reduce backlogs.
Resources
Publication Date
02/11/2022
This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection Act (CSPA), and adjustment of status under § 245(i) of the Immigration and Nationality Act (INA). A brief discussion and summary of the utilization of cross-chargeability of priority dates is also included.
Resources
Publication Date
12/16/2021
In certain immigration cases, you may want to submit a Freedom of Information Act (FOIA) request to the U.S. Department of State (DOS), such as to try to find information about previous visa applications and passport records. This Practice Advisory will go over the DOS FOIA process in detail and provide practice tips for obtaining personal records from them, including best practices.