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Date Published: 06/09/2021
Most H-4 spouses of H-1B nonimmigrants are ineligible for employment authorization and thus are financially dependent on the principal visa holder spouse. This dependence can be used as a tool for abuse and control in relationships and exacerbate domestic violence situations. INA § 106 allows...
Date Published: 06/08/2021
This updated guidance, written with our partners Kids in Need of Defense (KIND) and Legal Services for Children (LSC), includes recommendations for what information to include in state court predicate orders for Special Immigrant Juvenile Status (SIJS) in California. It includes sample predicate...
Date Published: 06/03/2021
Immigration law has its own definition of what constitutes a criminal conviction. The Board of Immigration Appeals (BIA) and other courts have held that certain types of pretrial diversion and intervention agreements that result in dismissal under state law can still constitute a conviction for...
Date Published: 05/21/2021
The majority of states have legalized some use of marijuana, but marijuana remains a federal Schedule I controlled substance. Therefore, any conduct involving marijuana can be very dangerous for immigrants – including conduct that is permitted under state law. Admitting that one has “legally” used...
Date Published: 05/27/2021
In this practice advisory co-drafted with Public Counsel, we answer common questions on how to tackle disclosure of juvenile adjudications and dissemination of court records for individuals interested in applying for DACA. It also includes a sample DACA request packet, which shows various ways to...
Date Published: 05/24/2021
This handout provides a list of some of the most common public benefits programs that do not count for public charge. Whether or not public charge applies to you and no matter your immigration status, the programs on this list are safe to use. On December 23, 2022 a new rule on public charge went...
Date Published: 05/19/2021
In April, the U.S. Citizenship and Immigration Services (USCIS) put out a request for public input regarding Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services. The ILRC has submitted these comments.
Date Published: 05/12/2021
The Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted these comments in connection with the U.S. Citizenship and Immigration Services’ (USCIS) Request for Public Input published in the Federal Register on April 19, 2021. The Strategy Group is a focused coalition of local, state...
Date Published: 05/11/2021
Applicants must meet certain requirements to be eligible for DACA, including showing that they have been continuously residing in the United States since June 15, 2007. Acquiring documents to use as evidence to prove the continuous residence requirement can be tedious. As such, this resource...
Date Published: 05/05/2021
Los recientes anuncios sobre las propuesta sobre la reforma migratoria en el Congreso han dejado a muchos miembros de la comunidad con preguntas, y aunque ninguno de estos proyectos de ley son ley, muchos se preguntan cómo pueden prepararse para un caso de inmigración en el futuro. Este recurso...
Date Published: 05/05/2021
As you explore potential immigration options for you or your family, finding trusted support from a reputable immigration attorney or other legal service provider can be difficult. Just as payday lenders often prey on under-resourced communities, or predatory scammers pose as immigration officials...
Date Published: 05/05/2021
Persons are barred from receiving or renewing DACA if they have been convicted of a felony, a significant misdemeanor, three or more misdemeanors, or otherwise pose a threat to national security or public safety. DACA applicants who have been arrested or convicted of a crime may still be eligible,...
Date Published: 05/04/2021
This new handout, written for youth and families with questions about the “public charge” rule, provides an overview of public charge and answers common questions about its application. On December 23, 2022 a new rule on public charge went into effect. For more information, go to the ILRC’s public...
Date Published: 04/29/2021
This resource, co-written with Detention Watch Network, answers common questions about the increased numbers of unaccompanied children arriving at the border and the government’s opening of “influx facilities” and “emergency intake sites” in response. It also provides guidance for responding to a...
Date Published: 04/14/2021
In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds. Pereida focuses on the “modified” categorical approach, which is how...
Date Published: 04/14/2021
This practice advisory reviews the general eligibility requirements for DACA, as well as issues advocates should look out for when determining eligibility. There has been a lot of interest from community members and advocates in the DACA program since the program was reinstated by a federal court...
Date Published: 04/05/2021
The fourth edition of DACA: The Essential Legal Guide is an updated, comprehensive, and practice-oriented overview of Deferred Action for Childhood Arrivals (DACA). This thorough and user-friendly manual consists of nine easy to read and understand chapters and appendices, covering the DACA...
Date Published: 03/30/2021
ILRC submitted these comments on December 18, 2020 to oppose the administration's dramatic expansion of USCIS guidance on how to assess whether someone has a “lawful admission” for purposes of naturalization eligibility under INA § 318. The updated policy guidance is an unwarranted directive to...
Date Published: 03/29/2021
The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021,...
Date Published: 03/26/2021
In the summer of 2020, the Department of Homeland Security (DHS) published two regulatory rules relating to eligibility for employment authorization documents (EADs) for individuals with pending asylum applications. Both rules went into effect in August 2020. This advisory provides a summary of the...
Date Published: 03/24/2021
This practice advisory from the ILRC, NIPNLG, and IDP advises criminal defense attorneys on new immigration enforcement policies and how to use the new guidance to defend clients in criminal proceedings.
Date Published: 03/24/2021
The ILRC’s DACA Team has put together a page-by-page form guide for anyone looking to apply for Deferred Action for Childhood Arrivals (DACA) as an initial request. This annotated community resource provides insights into many of the questions asked of recipients when completing the forms needed to...
Date Published: 03/24/2021
On March 16, 2021, ILRC and seven other coalition members of the Liberian Refugee Immigration Fairness (LRIF) Strategy Group submitted recommendations to the Administration and USCIS leadership for equitable implementation of LRIF. The group requested a meeting with the government to discuss these...
Date Published: 03/23/2021
ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement...
Date Published: 09/09/2021
This updated practice advisory provides a comprehensive overview of advance parole, its requirements, and suggestions to successfully apply under the DACA program. We also cover some of the risks to consider before traveling outside the United States, including prior removal orders, common grounds...
Date Published: 03/19/2021
In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance. [i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a...
Date Published: 03/16/2021
ILRC submitted these comments on March 16, 2021 to oppose the numerous unnecessary and burdensome changes that former President Trump's administration proposed in the last few days of his presidency, as well as to propose some further changes that President Biden's administration could take to...
Date Published: 03/16/2021
The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through...
Date Published: 03/10/2021
Between 2014-2021, California advocates have blazed new trails, advocating and passing a state reform agenda that lifts up the needs of citizens and noncitizens. This toolkit discusses some of CA’s crim/imm legislative reform efforts. Each section contains a discussion with the bill’s primary lead...