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Under the Immigration and Nationality Act (INA), any noncitizen who “within five years from the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In current practice, this ground of deportability rarely comes up in pending removal proceedings or as a reason for the initiation of removal proceedings.

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On June 28, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a memorandum stating the expanded circumstances in which the agency will begin issuing a Notice to Appear (NTA), including upon denying most affirmative applications. This practice advisory provides an overview of the new USCIS NTA Memo and gives tools for identifying possible red flags that could trigger enforcement actions by Immigration and Customs Enforcement (ICE). It also identifies some precautions that advocates should take when preparing affirmative applications in light of this new policy.

On June 28, 2018, USCIS published new guidance expanding the circumstances in which it will issue a Notice to Appear, placing immigrant applicants in removal proceedings.  On November 19, 2018, USCIS began implementation of this new guidance on many forms of humanitarian relief, including U visa, T visa, VAWA, SIJS, I-730s, and related applications.  Authored by ASISTA, ILRC, and AILA, these annotated notes contain the verbatim information shared by USCIS during the November 15, 2018 national stakeholder teleconference along with practice pointers and suggestions for advocacy.

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In December 2017, the Department of Homeland Security announced its intent to revoke Employment Authorization Documents (EAD) for H-4 visa holders. A Notice of Proposed Rulemaking is expected to be published in the coming months. We encourage people to oppose this senseless, cruel, and unnecessary rule. This rule will strip work authorization from over 100,000 women, forcing many to choose between work, family, and their home. This resource provides a description of the rule and its disproportionate effect on AAPI women, why you should oppose the rescission, and what you can do to stop this harmful proposal.

This resource is a collection of one-page fact sheets on various forms of immigration relief meant to provide a brief overview of options that may exist for undocumented immigrant children. While geared towards children and youth, it may also be helpful as an introduction to some of the immigration options available to adults as well. This is not meant to be an exhaustive resource. We recommend consulting with an immigration expert before filing any applications for immigration relief.

This practice advisory addresses the impact of drug trafficking on unaccompanied minor (UC) cases by looking at overall drug trafficking patterns within UC cases, identifying the substantive and procedural issues that may arise when UC with drug trafficking histories pursue immigration relief, and drawing parallels to other bodies of law to provide practitioners with recommendations for use in the immigration context. This advisory discusses how children impacted by drug trafficking issues are able or unable to access legal relief and the challenges they face before DHS and immigration courts. It aims to provide practitioners with strategies to most effectively overcome these challenges in defending youth who have been involved in drug trafficking against deportation and to obtain immigration legal relief on their behalf.

Over 300,000 people currently benefit from Temporary Protected Status (TPS) and many have been protected by it for nearly 20 years. However, the current administration is terminating the program for certain countries and is reviewing the designation of several others. This practice advisory describes what TPS recipients and their advocates can do now to understand their legal options. It will review the most common forms of relief, with a particular focus on family-based immigration and how recent federal court cases allow some TPS recipients in the 6th (Flores) and 9th (Ramirez) circuits to adjust status in the United States.

In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs) facing deportation, likely on the basis of criminal convictions. This Practice Advisory provides an introduction to U nonimmigrant status and details its benefits for LPRs facing deportation, as well as the particular issues LPRs may face in seeking this form of protection.

This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants.  It also includes a summary of all state laws, as of July 2017, that have either passed or are pending regarding U Visa certification policies and protocols.

This reference chart provides a quick comparison between the most common forms of relief for immigrant survivors of abuse: VAWA, U visas, T visas, Special Immigrant Juvenile Status, and Asylum.

This practice advisory is designed to introduce legal workers to the T visa.  It outlines T visa eligibility requirements, discusses the advantages of applying for T visas over other forms of humanitarian immigration relief, and analyzes how President Trump's recent executive orders impact T visa applicants.

This Question and Answer (Q&A) addresses potential changes in a Trump administration, written for domestic violence and sexual assault advocates and attorneys who are serving immigrant survivors of gender-based violence. This information may change as we learn more about the plans of the incoming administration. This document was written by Americans for Immigrant Justice, Asian Pacific Institute on Gender-Based Violence, ASISTA Immigration Assistance, Casa de Esperanza, Center for Gender & Refugee Studies, Freedom Network USA, Immigrant Legal Resource Center, Immigration Center for Women and Children, Dale E. Fowler School of Law at Chapman University, Minnesota Coalition for Battered Women, National Immigrant Justice Center, Tahirih Justice Center, and We Belong Together.

This advisory contains general information shared by USCIS staff during multiple stakeholder events in 2016.  It is authored by ASISTA, ICWC, ILRC, AILA, Just Neighbors Ministry, and Sanctuary for Families.

SB 674 is a new California law that took effect on January 1, 2016. The goal of this law is to ensure that all immigrant crime victims in California have equal access to immigration status through the U visa.

Immigration Center for Women and Children (ICWC) administers a database of information sourced from more than 700 advocates nationwide with helpful information about law enforcement agencies who certify victim helpfulness for U cases and consulates abroad who issue U visas. The database includes information on who the U certifying officers are and where to send the requests, as well as the most updated policies and practices, nationwide. The goal is to update information on every state and federal agency, whether they do or don’t sign certifications. The database also includes information about consulates’ and embassies’ practices in processing U visa cases. These are both critical resources to any organization or office with a U visa caseload.For more information on these and other U-related databases that ICWC administers, go to http://icwclaw.org/services-available/icwc-u-travel-and-certifier-database/. If you’re new to using Zoho databases (the platform for ICWC’s databases), watch the helpful video below.

These notes were taken at the May 18-19, 2012 conference and contain lots of important practice questions, updates and filing tips for U visa cases.

This page from DOS provides information on how to apply for a U nonimmigrant visa, the required documents and fees, visa ineligibility and more.https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visas-for-victims-of-criminal-activity.html

This Q&A fact sheet from USCIS provides information on making the appointment and preparing for the interview for U nonimmigrants who need to consular process.

On August 30, 2011, USCIS issued a policy memorandum on eligibility to self-petition as a battered or abused parent of a U.S. citizen.

On September 6, 2011, USCIS issued a policy memorandum on adjudications of VAWA self-petitions for applicants who are over 21 but under 25 years of age.

This 77-page guide contains checklists, step-by-step help and sample materials for detained pro so applicants (those without lawyers) who are representing themselves in filing a U visa application. It was produced by the Immigrants’ Rights Clinic of Stanford Law School on behalf of Centro Legal de la Raza in Oakland, California.

June 22, 2010 USCIS Policy Memorandum: Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Form I-539); Revisions to Adjudicator’s Field Manual (AFM), New Chapter 39.1(g)(2)(i) (AFM Update AD10-08)

December 15, 2010 USCIS Policy Memorandum: Revocation of VAWA-Based Self-Petitions (Forms I-360); AFM Update AD10-49

April 19, 2011 USCIS Policy Memorandum: Extension of Status for T and U Nonimmigrants; Revisions to Adjudicator’s Field Manual (AFM) Chapter 39.1(g)(3) and Chapter 39.2(g)(3) (AFM Update AD11-28)

What are U Visas? U Nonimmigrant Visas were created by the Victims of Trafficking and Violence Prevention Act of 2000. Victims of qualifying criminal activities who have suffered substantial physical or mental abuse may apply for a U Visa if they are willing to assist law enforcement or other government officials in the investigation or prosecution of those crimes.

This guide is designed to walk you through the document-gathering requirements under the 1994 Violence Against Women Act (VAWA) and its more recent revisions and updates. Though not a comprehensive explanation of the law or its requirements, it is instead a user-friendly resource to gathering the necesary documents for a VAWA self-petition.