Posts by Maria Lazzarino
New ASISTA COVID-19 Practice Pointer
While we continue to advocate and await further guidance, we have prepared this Practice Pointer, Filing Deadlines for RFEs, NOIDs, NOIRs and I-290Bs, to assist you in meeting deadlines during this national emergency. We encourage you to also visit ASISTA’s COVID-19 Resource Page and that of our partners, CLINIC and CAST.
Read MoreASISTA calls on USCIS to Ensure Survivors have Continued Access to Immigration Benefits.
On behalf of ASISTA organizational and individual members nationwide, ASISTA expressed our concerns regarding the impact of the Coronavirus Disease 2019 (COVID-19) on USCIS’ survivor-based benefits operations. ASISTA called on USCIS to adopt measures that address the additional limitations faced by immigrant survivors’ of domestic violence, sexual assault, human trafficking and other serious crimes. Read…
Read MoreCurrent Job Opportunity: Executive Director
ASISTA (https://asistahelp.org) is looking for a new Executive Director following the retirement of its co-founder and Executive Director, Gail Pendleton, in the fall of 2020. ASISTA’s mission is to advance the dignity, rights, and liberty of immigrant survivors of domestic and sexual violence. The Executive Director will report to ASISTA’s 7-member Board of Directors. ASISTA…
Read MoreASISTA Practice Pointer: What If You Do Not Received an RFE or Denial Notice? (March 2020)
In this practice pointer, ASISTA addresses what to do if your case was denied as abandoned because you did not respond to an RFE that was never received. In the Appendix, we include a sample keystroke FOIA request and redacted keystroke FOIA response. Click here to download the document in Word version.
Read MoreSafe Horizon and ASISTA File FOIA Request Seeking Immigration Policy Data Related to U-Visa Adjudications
(New York, February 25, 2020) – Safe Horizon and ASISTA have filed a Freedom of Information Act (FOIA) request with United States Citizenship and Immigration Services (USCIS) for immigration policy data on the adjudication of U-visa petitions and adjustment of status (permanent residence) applications for those granted U visa status. U visas were created…
Read MoreALERT: ASISTA submits Amicus on Erosion of Continuances and Admin Closure for Survivors of Violence
Yesterday, ASISTA, along with our partners, submitted an amicus brief challenging EOIR’s erosion of docketing tools like continuances and administrative closures. This errosion results in limiting access to critical immigration relief for survivors of domestic violence, sexual assault, human trafficking and other serious crimes. ASISTA was joined in this brief by American Immigration Lawyers Association (AILA), Asian Pacific Institute on Gender-Based Violence (API-GBV), National Immigrant Justice…
Read MoreASISTA Practice Advisory: The Impact of Matter of Mayen, 27 I&N 755 (BIA 2020)
ASISTA has developed this Practice Advisory: The Impact of Matter of Mayen, 27 I&N 755 (BIA 2020), which provides a detailed overview of provisions in this precedential decision, discusses its intersection with other BIA decisions on continuances, and provides best practices for requesting continuances for U visa applicants in removal proceedings. We’ve also summarized our key…
Read MoreAmicus Brief VAWA Joint Residence (December 27, 2019)
This amicus brief, submitted to the Southern District of Florida, addresses USCIS’s requirement that self-petitioners show shared residence with their abuser during the marriage. With deep gratitude to Prof. Rebecca Sharpless and law students Meredith Hoffman and Olivia Parise from the University of Miami School of Law’s Immigration Clinic for their hard work on this…
Read MoreGood News from the 9th Circuit on the reviewability of U visa denials!
On Friday November 22, 2019, the 9th Circuit Court of Appeals published a decision reversing the district court’s dismissal of a suit challenging a U visa petition denial for lack of jurisdiction. The panel held that § 701(a)(2) of the Administrative Procedure Act (“APA”) and 8 U.S.C. § 1252(a)(2)(B)(ii) do not bar judicial review of…
Read MorePractice Pointer: What to Do If CBP Fails to Issue I-94 or Stamp Passport for U Nonimmigrant (December 2019)
This practice pointer provides tips to ensure that your U nonimmigrant clients who are seeking admission at a port-of-entry receive an I-94 and passport stamp and to remedy situations in which CBP has failed to issue the I-94 or passport stamp.
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