Maria Lazzarino, Author at ASISTA

ASISTA and other amici filed this brief regarding USCIS’s unreasonable delay in adjudicating U visa work authorization requests. Amici were represented pro bono by Nathan Warecki, Brianna Nassif, Lauren Maynard, and Myra Benjamin from Nixon Peabody. Click here to access the amicus brief.

ASISTA and CAST developed this advisory to highlight significant changes to the T visa section of the USCIS Policy Manual that went into effect on October 20, 2021. Changes include: Additional guidance on the intersections between trafficking/domestic violence and trafficking/smuggling; Physical presence on account of trafficking; Extended work authorization when filing a timely I-485 under…

On October 18, 2021, ASISTA submitted a comment to DOS in response to a Request for Public Input identifying barriers that impede access to immigration benefits, fair and efficient adjudications of these benefits, and recommendations on how to remove these barriers. We focused our comment on the challenges immigrant survivors and their derivatives face when consular processing. Thank you to our…

On October 4, 2021, ASISTA hosted a White House Listening Session to share insights and recommendations to the White House as they develop the U.S.’s first National Action Plan on Gender-Based Violence. Click here to access the session recording & here to access the presentation materials.

ASISTA does not provide direct legal services. However, we compiled some resources and we hope the information below, with associated links, will be helpful. Staring Monday, September 13, 2021, the Tahirih Justice Center’s Afghan Asylum Project will provide information, referrals, and asylum legal screenings for Afghan citizens who recently arrived in the U.S. through our…

As usual, there have been several important policy and practice updates over the last few weeks. From a new ICE directive on victim-centered approaches, to litigation updates, new calls for examples and stakeholder engagements. Read more about some of these updates in our latest edition of ICYMI here.

On August 10, 2021, ICE issued a new agency directive superseding guidance from 2019 regarding stay of removal requests and removal proceedings involving U visa petitioners (hereinafter “Directive”). The Directive outlines new policies and procedures regarding exercising prosecutorial discretion for victims of crime, including those eligible for victim-based immigration relief (including VAWA self-petitions, U and…

Position Description: Legal & Policy Director (Full-Time)

The stay in ASISTA v. Johnson (formerly known as ASISTA v. Albence) has been extended through July 2, 2021 while the parties continue discussions regarding an additional 90 day stay. Our practice advisory has been updated accordingly.

The Ninth Circuit’s decision in Medina Tovar became final on May 2, 2021. The Court held that after-acquired spouses of U visa petitioners are eligible to “accompany or follow to join” the U-1 petitioner through the I-918A petitioning process. ASISTA, CLINIC & ILRC’s new Practice Alert includes the latest information on how and when to file…

ASISTA Senior Policy Counsel Amy Cheung in Ms. More Than A Magazine, A Movement, weighting in the article “Abuse exists across many industries and institutions, and low-income people of color are particularly vulnerable. This is especially true in the context of immigration”. Read here the full article.

Cruel immigration policies were a hallmark of the Trump presidency. From the “Muslim ban” in his earliest days in office to family separation, the Trump administration made over 1,000 immigration policy changes, creating a largely hostile and unwelcoming reception for refugees and asylum seekers fleeing danger and economic hardship and instilling fear in immigrants residing…

In December, the 9th Circuit held in Medina Tovar v. Zuchowski that certain after-acquired spouses of U visa petitioners are eligible to “accompany or follow to join” the U-1 through the I-918A petitioning process. The Court recently issued its mandate on 1/25/2021. The judgment in Medina Tovar is therefore in effect as of 1/25/2021. We’ve prepared this Practice Alert to help you…

The 1st Circuit found that the BIA had abused its discretion in failing to follow Matter of Sanchez-Sosa in adjudicating the U visa petitioner’s Motion to Reopen and ordered remand. Click on the links to access the Amicus Brief and the Decision.

We are happy to share ASISTA’s new practice pointer: DHS Freedom of Information Act Requests. This practice pointer includes a breakdown of each DHS agency’s record keeping, sample FOIA language, and information on administrative appeals of FOIA results. For additional helpful tips, take a look at our recent webinar, FOIA Requests to DHS in Survivor-Based Cases.

In an effort to help our members avoid filing rejections for work authorization applications, we want to make sure everyone is aware of the upcoming changes to the I-765 and I-765WS forms. USCIS has updated Forms I-765 and I-765WS. The new editions of the Application for Employment Authorization and Worksheet will go into effect on August 25, 2020. The new I-765 and I-765WS will go…

Recordings Now Available! For those of you who missed our online training, “From RFE to Federal Court: Latest Strategies in Defending Survivors During the Time of COVID,” the recordings are now available for purchase. Because we ran the online training twice, you will receive two versions of the training, whether you buy all sessions, or…

When a petitioner files multiple interrelated forms for one case, such as a U visa, the denial of one form generally leads to the denial of all ancillary forms as well. In this practice pointer, we will address how many Form I-290Bs to file in this scenario, whether derivatives need to file their own Form…

ASISTA argues that DHS regulations prohibiting U visas for after-acquired spouses of crime victims violates the Congressional goals of the U visa law. See Amicus here.