Recommendations to the EOIR and BIA practice manuals (June 2022)

Recommendations for Updates to the EOIR Immigration Court Practice Manual and Board of Immigration Appeals Practice Manual, were submitted on June 7, 2022, by the following organizations: ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Freedom Network USA, National Immigrant Women’s Advocacy Project (NIWAP), Ujima Inc., The National Center on Violence Against Women in…

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VAWA Practice Advisory: VAWA Self-Petition Policy Updates (June 2022)

ASISTA, the Immigrant Legal Resource Center (“ILRC”), and Catholic Legal Immigration Network, Inc. (“CLINIC”) co-authored the VAWA Practice Advisory: VAWA Self-Petition Policy Updates. Click here to access the Executive Summary: VAWA Self-Petition Policy Updates (June 2022), and here to download the practice advisory in Word version. This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded…

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BIA Amicus Brief of Motions to Reopen Based on Criminal Vacatur (April 27, 2022)

Brief of Amici Curiae ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Esperanza United, and Tahirih Justice Center in support of the BIA’s consideration of the impacts of domestic violence, sexual assault, human trafficking, or other forms of gender-based violence when determining whether to grant and untimely motion to reopen premised on a vacatur…

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ASISTA’s comment on the I-751 (April 20, 2022)

On April 20, 2022, ASISTA submitted this comment in response to the “Agency Information Collection Activities; Extension, Without a Change, of a Currently Approved Collection: Petition To Remove the Conditions on Residence,” initially published in the Federal Register on October 15, 20211 and reopened for 30 days for additional public comments on March 21, 2022.

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Advisory on new T Visa sections of the USCIS Policy Manual (November 2021)

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…

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ASISTA Weighs in on Barriers to Benefits for Immigrant Survivors (Oct. 18, 2021)

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…

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Afghanistan Resources

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…

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In Case You Missed It (ICYMI): August 24, 2021

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.

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New ASISTA Policy Alert, Q&A on ICE Directive: Using a Victim-Centered Approach with Noncitizen Crime Victims (Current as of August 23, 2021)

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…

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WMC News & Features: Will Biden Create More Humane Immigration Policies? (April 9, 2021)

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…

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ASISTA Practice Alert Regarding Certain U Visa ‘After-Acquired Spouse’ Cases (Feb. 11, 2021)

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…

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