Results
Date Published: 01/03/2019
In July 2018, USCIS issued a new policy memorandum that limits the circumstances in which it will issue Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This practice advisory provides an overview of the law governing RFEs and NOIDs, outlines the changes to USCIS policy announced...
Date Published: 12/21/2018
This advisory gives an orientation to the deportation process for community members and new advocates. It breaks down the process into four steps that typically happen in an immigrant’s experience with the deportation system, providing a basic overview of ICE enforcement, the court system, and the...
Date Published: 12/21/2018
In the past, denaturalization proceedings were rare and usually brought only against alleged war criminals and in other extreme cases. However, continuing their assault on immigrants, families, and communities of color, the Trump administration has increased resources dedicated to pursuing...
Date Published: 12/21/2018
A noncitizen can pursue lawful permanent residence through a family member in two different ways—one, through consular processing at a U.S. consulate abroad, or two, through adjustment of status at a U.S. Citizenship and Immigration Services (“USCIS”) office or Immigration Court in the United...
Date Published: 12/21/2018
The Child Status Protection Act (CSPA) was devised to protect intending immigrant children from “aging-out” while undergoing the lengthy process to status. This advisory discusses how CSPA protects children of U.S. citizens in their applications for permanent residency. This is one of three...
Date Published: 12/21/2018
The master calendar hearing is the first hearing in removal proceedings before an immigration judge of the Executive Office for Immigration Review, during which serious substantive decisions can be made in an immigrant’s removal case. Advocates must be well prepared and have a clear case strategy...
Date Published: 12/20/2018
USCIS's Policy Memorandum of June 28, 2018, provides new guidance for when USCIS will issue a Notice to Appear (NTA) to applicants requesting immigration benefits. This practice advisory outlines the NTA Memo’s impact on naturalization cases. Specifically, this advisory discusses the NTA Memo’s...
Date Published: 12/19/2018
This advisory focuses on defense strategies for naturalization applicants who are in removal proceedings, especially within the Ninth Circuit Court of Appeals.
Date Published: 12/18/2018
A prospective client’s complete entry and exit history to the United States is one of the most important pieces of information to gather so that you can properly evaluate their immigration case. However, sometimes it can be challenging to figure out what questions to ask to elicit the information...
Date Published: 12/18/2018
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...
Date Published: 12/18/2018
Males living in the United States between the ages of 18 and 26, including naturalization applicants, must register for the Selective Service. While failure to register for the Selective Service is not a statutory or regulatory bar, it may still stop a person from naturalizing. This practice...
Date Published: 12/17/2018
It is essential that we enact policies that support our youth in becoming healthy, productive adults. Unfortunately, many localities engage in unnecessary, and sometimes unlawful, practices that negatively impact the development of young people. This fact sheet, written together with the National...
Date Published: 12/17/2018
Resources on the FIRST STEP Act—legislation to reform the criminal justice system—and its impacts on non-citizens. Concerns about FIRST STEP Act Senate Bill : In this resource on The First Step Act, S. 3747, ILRC along with its partners the NIPNLG, NIJC, IDP and IJN, provides analysis on how the...
Date Published: 12/13/2018
This webinar, hosted on November 30, 2018 by ASISTA and ILRC, is intended only for advocates and attorneys who work advancing the rights of immigrants, and is not for media attribution. Panelists discuss the implementation of the updated NTA guidance for humanitarian cases like VAWA self-petitions...
Date Published: 12/06/2018
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...
Date Published: 11/30/2018
In this issue: Public Charge: The Threat America is Not Talking Enough About; The ILRC Introduces its First Andy Grove Immigrants’ Rights Fellowship; In Focus: Big Things Happening in Texas; Field Office Rundown; Joining the ILRC; and our 2017 Program Partners
Date Published: 12/18/2018
Learn about the latest issues in public charge inadmissibility and access to public benefits for non-citizens. This webinar will include an update on a recent regulatory proposal regarding public charge inadmissibility by the U.S. Citizenship and Immigration Service. We will also cover how to...
Date Published: 09/30/2020
This practice advisory provides an update on public charge for advocates providing naturalization legal assistance. The advisory briefly discusses the legal standard for assessing public charge and then discusses how to advise lawful permanent residents looking to naturalize. It covers issues...
Date Published: 11/13/2018
This comment period has closed. Click here respond to the latest notice of proposed fee waiver rule change. The Department of Homeland Security (DHS) is attempting to transform the fee waiver application process by making it more difficult for individuals to obtain fee waivers when seeking...
Date Published: 11/12/2018
The United States permits individuals who are not U.S. citizens to enlist in the military and, in recognition of their military service, naturalize more quickly. This webinar will provide an overview of the vital role immigrants play in our nation’s military, recent changes to the expedited...
Date Published: 11/12/2018
The United States permits individuals who are not U.S. citizens to enlist in the military and, in recognition of their military service, naturalize more quickly. This webinar will provide an overview of the vital role immigrants play in our nation’s military, recent changes to the expedited...
Date Published: 11/12/2018
Naturalization and U.S. Citizenship: The Essential Legal Guide. The Immigrant Legal Resource Center continues to write and publish the most accessible comprehensive guide on citizenship and the naturalization laws and process in the country. This indispensable guide thoroughly addresses the entire...
Date Published: 02/15/2022
"An Overview to Special Immigrant Juvenile Status," excerpted from ILRC’s new publication Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth. (Excerpted from Special Immigrant Juvenile Status and Other Immigration Options for Children & Youth .)
Date Published: 11/09/2018
These materials provide guidance for educators and other professionals working with immigrant parents to be able to conduct family preparedness workshops. Family preparedness workshops help families engage in contingency planning for their children, in the event of detention or deportation of a...
Date Published: 11/05/2018
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...
Date Published: 11/05/2018
This practice advisory covers how to prepare consular processing clients for questions at the immigrant visa interview about alien smuggling, receipt of public benefits, drug use, tattoos, and other issues.
Date Published: 10/25/2018
In August 2018, the Board of Immigration Appeals issued a call for amicus briefs to respond to the question of whether an ILRC-sponsored law, California Penal Code 1203.43, effectively vacated convictions for the purposes of federal law. With gratitude for the assistance of Prof. Jennifer Lee Koh,...
Date Published: 10/26/2018
Immigrant children and youth may be eligible for special types of immigration relief available just for children or they may be eligible for immigration relief in different ways than adults. In addition, separate procedures may and often do apply in the immigration process for children and youth. A...
Date Published: 10/15/2018
The BIA has held that that it will not give retroactive effect to California Penal Code § 18.5(a) on convictions from before January 1, 2015. It will consider a California misdemeanor conviction from before January 1, 2015 to have a potential sentence of up to one year, while a misdemeanor...
Date Published: 10/11/2018
“Sanctuary” policies exist all over the country, but they are under attack from the Trump Administration, which is trying to withhold federal funding. What is the DOJ trying to do, what funding is at stake, and what is the status of all these lawsuits over it? Most importantly, a key federal...