Posts by Maria Lazzarino
Albence Practice Advisory: Stay Extended through July 2, 2021
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.
Read MoreUpdated Practice Alert Regarding Certain U and T After-Acquired Cases (June 11, 2021)
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…
Read MoreIt’s Time for a #MeToo Reckoning in Immigration (April 26, 2021)
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.
Read MoreWMC 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…
Read MoreASISTA 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…
Read MoreGranados-Benitez v. Wilkinson (1st Cir) (unpublished- Jan. 28, 2021)
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.
Read MoreASISTA Practice Pointer: DHS Freedom of Information Act Requests (August 31, 2020)
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.
Read MoreALERT: Upcoming Changes to USCIS I-765 & I-765WS Forms
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…
Read MoreASISTA’ s Virtual Training: “From RFE to Federal Court: Latest Strategies in Defending Survivors During the Time of COVID”
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…
Read MoreASISTA Practice Pointer: Filing Form I-290B When Multiple Interrelated Forms are Denied (July 2020)
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…
Read MoreASISTA Amicus 9th Circ. U Spouses (May 28, 2020)
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.
Read MoreUpdated COVID-19 Practice Pointer: Filing Deadlines for RFEs, NOIDs, NOIRs and I-290Bs (Current as of May 18, 2020)
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 the meeting deadlines during this national emergency. We encourage you to also visit our partners pages on COVID-19, CLINIC and CAST. To download the advisory in Word version,…
Read MoreCOVID-19 Practice Pointer: Initial Filings of U/T visa petitions and VAWA self-petitions with U.S. Citizenship and Immigration Services (USCIS) (Current as of May 12, 2020)
In this practice advisory, ASISTA provides practice tips on how to comply with deadlines and submit initial filings during the COVID-19 national emergency. Click here to download the practice pointer in Word version. This project is supported by Grant No. 2017-TA-AX-K061 awarded by the United States Department of Justice, Office on Violence Against Women. The…
Read MoreACTION ALERT: Organizing Local Allies
COVID-19 is exacerbating the already tremendous barriers survivors face in accessing safety and secure status. Although we are pushing Congress to change its policies to recognize COVID’s impact on survivors and their ability to file paper, get work authorization extensions, etc., we need your help educating your Members of Congress. What can you do?
Read MoreNew ASISTA COVID-19 Practice Pointer (Current as of April 10, 2020)
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…
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