Posts by Maria Lazzarino
Amicus Briefs on Birthright Citizenship Executive Order (Spring 2025)
In May and June 2025, ASISTA joined partners at Boston College School of Law, Harbor COV, and Tahirih to submit an amicus briefs to the First and Fourth Circuit Courts of Appeals in cases challenging the executive order on birthright citizenship. ASISTA and partners highlighted the importance of maintaining a preliminary injunction against implementing the…
Read MoreAlien Enemies Act Alert (May 29, 2025)
On March 14, 2025, President Trump attempted to invoke the Alien Enemies Act of 1798 to justify carrying out deportations without the due process of immigration proceedings. Since then, multiple federal courts have ruled the invocation was unlawful, but the government continues to fight for its usage, including before the U.S. Supreme Court. On May…
Read MoreASISTA Practice Alert: USCIS Wet Ink Signature RFEs & NOIDs (April 24, 2025)
Practitioners have reported receiving RFEs and NOIDs in cases submitted with electronically reproduced signatures for original, wet ink signatures where USCIS has requested the original, wet ink signatures. This Practice Alert describes what USCIS’ current signature policy is and what options practitioners have in these cases.
Read MoreASISTA Practice Alert: VAWA Self-Petitioner Interviews at USCIS Field Offices (Feb. 17, 2025)
This Practice Alert will review the information provided by USCIS about the commencement of these interviews and their response to advocacy. ASISTA urges practitioners to report their experiences with this process in our survey. We also urge practitioners to zealously advocate for their clients who may be experiencing stress and confusion leading up to these…
Read MoreASISTA New Resource: Know Your VAWA Options: Self-Petition Compared with “Special Rule” Cancellation of Removal (Feb. 2025)
Effectively representing a survivor of domestic violence requires understanding ALL immigration options they may be able to pursue. This chart provides an at-a-glance review of the requirements for VAWA Self-Petitions and VAWA Cancellation of Removal. It also highlights situations where one may be better than the other for certain survivors, though some survivors may be…
Read MoreEnforcement Actions in or Near Protected Areas (January 20, 2025)
This memorandum addresses Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near areas that the Department of Homeland Security (DHS) previously determined require special protection. It is effective immediately. This memorandum supersedes and rescinds Alejandro Mayorkas’s October 27, 2021 memorandum entitled, Guidelines for Enforcement Actions in or Near…
Read MoreLetter to USCIS re VAWA SP Interview (Dec. 3, 2024)
On December 3, ASISTA submitted a letter with recommendations to USCIS regarding the commencement of VAWA Self-Petitioner interviews at local USCIS Field Offices, on behalf of the Alliance for Immigrant Survivors and over 20 national and state/local organizations working with immigrant survivors of domestic violence. ASISTA is grateful to all of the members who collaborated…
Read MoreASISTA, AILA, & ICWC Amicus Brief 2024: Proper Analysis for ‘Qualifying Criminal Activity’
On Monday, Oct. 28, AILA, ASISTA, and ICWC submitted a joint amicus brief to the US District Court for the Middle District of Florida, regarding the proper analysis USCIS should use to assess whether a crime underlying a U visa petition is “qualifying criminal activity.” The complainant in the case had been the victim of…
Read MoreTop Ten Things Domestic Violence/Sexual Assault Advocates Should Know About Immigrant Survivors
ASISTA’s Top Ten List for domestic violence & sexual assault advocates aims to inform advocates about key concepts and barriers impacting immigrant survivors of gender-based violence, while providing resources to help overcome them. (Original, Dec. 2023; Re-designed: Sept. 2024) This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU & 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against…
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ASISTA Practice Pointer: Age-Out Protections in U Nonimmigrant Status (Aug. 2024)
ASISTA is pleased to release this Practice Pointer on the age-out protections for U Nonimmigrants. The age-out statute provides critical protections to U principals and derivatives, but the protections are limited in scope and often misunderstood. This Practice Pointer clarifies the scope of these age-out protections and provides practice tips for practitioners to avoid age-out for clients…
Read MoreASISTA Notes: USCIS Stakeholder Engagement on the T Visa Final Rule (Aug. 15, 2024)
On August 15, 2024, USCIS held a stakeholder engagement on the T Visa Final Rule, which is in effect as of August 28, 2024. These are our notes from that engagement. USCIS will also post a transcript to their electronic reading room. ASISTA will monitor the implementation of and compliance with these changes. If your clients experience…
Read MoreASISTA Practice Alert: New DOJ Regs. and Immigrant Survivors (Aug. 19, 2024)
This Practice Alert reviews the EOIR regulations effective July 29, 2024, and the potential impact of the regulations on immigrant survivors and their derivative beneficiaries who are seeking administrative closure or the termination of removal proceedings. As the regulations are implemented and more information becomes available, ASISTA will update this guidance.
Read MoreASISTA Practice Advisory: Addressing Late-Breaking Inadmissibility Grounds for U Visa Beneficiaries (Aug. 8, 2024)
When a U applicant or recipient fails to waive an applicable inadmissibility ground at any stage, for any reason, it puts their current and future statuses at risk. Yet there do exist strategies to address these “late-breaking” inadmissibility grounds, depending on when they come into being and when you learn of them. This practice advisory…
Read MoreASISTA Federal Policy Update (June 2024)
On July 2nd, ASISTA published our Federal Policy Update for June 2024, containing a summary of our federal policy activities over the last six months, including legislative and regulatory advocacy, stakeholder meeting notes, and some potential regulatory changes hopefully coming our way.
Read MoreAmicus brief in Bouarfa v. Mayorkas (Supreme Court, July 2024), on importance of judicial review for survivor-based relief revocations
In July 2024, ASISTA and partners joined an amicus brief to the Supreme Court in the case of Bouarfa v. Mayorkas. The case centers on the judicial reviewability of DHS’s revocation authority in the family-based immigration context, and the brief aims to highlight how any decision on such reviewability could also impact justice for survivors…
Read MoreRequest for USCIS to Accept Prior Edition of I-918 Forms Through March 31, 2025 (April 18, 2024)
In conjunction with the new fee rule that went into effect on April 1, 2024, USCIS updated immigration forms, including the I-918 and related forms. Starting June 3, 2024, USCIS will only accept the new version of the form. This short grace period will create significant hardships and hurdles for those who have sought or…
Read MoreASISTA Notes: HART Service Center One-Year Anniversary Engagement (March 27, 2024)
On March 27, 2024, USCIS held a One-Year Anniversary Engagement for the HART Service Center, which was scheduled to share updates from HART and for USCIS to get feedback, comments, and questions from stakeholders. These are ASISTA’s notes from that engagement. Please note that USCIS stated that they collected questions submitted to them, but did…
Read MoreUSCIS National Engagement: 2024 Final Fee Rule (Date of Engagement Feb. 22, 2024)
On February 22, 2024, USCIS held a national engagement to discuss the 2024 Final Fee Rule. These are ASISTA’s notes from that engagement, which focus on the portions of the engagement most relevant to practitioners representing immigrant survivors.
Read MoreASISTA Practice Pointer: Correctly Identifying the Expiration Date of U Nonimmigrant Status (Updated February 8, 2024)
Many practitioners report uncertainty about the date their client’s U status expires because the client has multiple documents defining the validity of their status. For instance, a U derivative may have: (1) the I-797 approval notice for the principal’s I-918, (2) the I-797 approval notice for their own I-918A, (3) a U-3 (or other derivative…
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