Resources
Publication Date
05/25/2012
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.
Resources
Publication Date
05/15/2012
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
Resources
Publication Date
05/15/2012
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.
Resources
Publication Date
05/14/2012
Prosecutors' Consideration of Immigration Consequences of Crimes in Light of Padilla v. Kentucky.
Resources
Publication Date
05/02/2012
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.
Resources
Publication Date
05/02/2012
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.
Resources
Publication Date
05/01/2012
Highlighting Changes Implemented by the Trafficking Victims Protection and Reauthorization Act (03/2009): These are materials from our March 2009 webinar which highlighted important new changes implemented by the Trafficking Victims Protection and Reauthorization Act of 2008 (signed into law on December 23, 2008) to the eligibility requirements for filing a Special Immigrant Juvenile Status (SIJS) petition. Expert practitioners provided strategies to overcome challenges posed in obtaining SIJS, including obtaining juvenile court orders from dependency, delinquency, and probate courts and obtaining specific consent to apply for SIJS while a child is in federal custody. If you are interested in participating in this webinar if held in the future please email seminars@ilrc.org.
Resources
Publication Date
05/01/2012
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.
Resources
Publication Date
04/24/2012
This Policy Memorandum articulates USCIS policy regarding assigning appropriate gender designations on documents issued to transgender individuals and the adjudication of benefits applications involving the marriage of transgender individuals.
Resources
Publication Date
03/28/2012
Eligibility for Waiver in Removal Proceedings under the Former INA § 212(c), Pursuant to Judulang v. Holder
Resources
Publication Date
01/06/2012
Supplementary materials to the Representing Lesbian, Gay, Bisexual and Transgender Immigrants: Navigating the Challenges Faced by LGBT Clients Seeking Lawful Immigration Status webinar series.
Resources
Publication Date
12/13/2011
Testimony before an IJ may not be used to characterize an offense, or to link two documents from the record of conviction. A Ninth Circuit panel has withdrawn a very bad opinion on the modified categorical approach and substituted a substantially better one.
Resources
Publication Date
10/26/2011
Practice Advisory: California Health and Safety Code § 11357(b) prohibits possession of not more than 28.5 grams of marijuana. After January 1, 2011 it will be treated as an infraction.
Resources
Publication Date
08/10/2011
Legal Services Support Centers and Rebellious Advocacy: A Case Study of the Immigrant Legal Resource Center, by Bill Hing.
Resources
Publication Date
08/01/2011
Planes v. Holder (9th Cir. July 5, 2011): Criminal defenders must assume that filing a timely direct appeal of right will not prevent a conviction from having immigration effect. This is a change in the law, created by Planes v. Holder, supra. Advocates will file a petition for rehearing and there is a good chance that this will be granted, and a reasonable chance, although no guarantee, that Planes may be reversed.
Resources
Publication Date
07/18/2011
Warning: Immigrant Defendants with a First Minor Drug Offense: “Rehabilitative relief” will no longer eliminate a first conviction for simple possession for immigration purposes, unless the conviction occurred before 7/14/11
Resources
Publication Date
06/13/2011
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.
Resources
Publication Date
06/13/2011
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)
Resources
Publication Date
06/13/2011
December 15, 2010 USCIS Policy Memorandum: Revocation of VAWA-Based Self-Petitions (Forms I-360); AFM Update AD10-49
Resources
Publication Date
06/13/2011
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)
Resources
Publication Date
05/13/2011
ILRC’s Anti-Fraud comic books are being made available to non-profit agencies and organizations throughout the United States. These agencies are gathering places for families and communities and are therefore well-placed to make these comic books available to the people who will most benefit from them.
Resources
Publication Date
05/13/2011
Overview of the Anti-Fraud CampaignILRC Announces Major Immigration Fraud Public Awareness Campaign. The ILRC has been a leader in the educational campaign to warn immigrants about immigration fraud. Too often, immigrants fall prey to scam artists that promise them an easy path to legal status only to cheat them out of their hard-earned money and, often, put them at risk of deportation. To combat this problem, ILRC has produced and distributed thousands of graphic novels, or comic books, in English, Spanish and Chinese that warn immigrants about typical immigration fraud scams.
Resources
Publication Date
05/02/2011
"A brief overview of principles governing deference to an agency may be useful to practitioners new to this area. In immigration law, the immigration judge and the BIA may resolve almost all issues presented in an immigration case, and DHS and the AG will address many issues in regulation or other policy rulings." By Kathy Brady.
Resources
Publication Date
03/23/2011
El DREAM Act (Acto de Sueño) es la legislación federal propuesta que ayudaría a los estudiantes trabajadores realizarse sus sueños de legalizar su estatus migratorio. Específicamente, el DREAM Act ofrecería un estatus legal y el acceso a la asistencia financiera para los jóvenes que se han graduado de un high school estadounidense o que han recibido el GED, que entraron a los EEUU antes de cumplir los 16 años, y que tienen por lo menos cinco años en los EEUU. Para calificar, cada estudiante tendría que cumplir o dos años de educación superior o dos años de servicio militar estadounidense.
Resources
Publication Date
03/22/2011
Resources
Publication Date
03/17/2011
"Many Permanent Residents Are Not Subject to the § 212(h) Permanent Resident Bar; The Eleventh Circuit Reaffirms § 212(h) as a Direct Waiver of Deportability; Using § 212(h) When LPR Cancellation is Not an Option" by Kathy Brady
Resources
Publication Date
02/28/2011
Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011), overruling in part Matter of Shanu, 23 I&N Dec. 754 (BIA 2005).