Immigration Protections
ASISTA 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 MoreVAWA, U and T visa programs have NOT been terminated!
ALERT: Despite misinformation out there, VAWA, U and T visa programs have NOT been cancelled or terminated! These bipartisan protections were created by Congress and the Administration cannot unilaterally take them away. While there is news that ICE has changed its guidance on enforcement actions related to potential or actual beneficiaries of victim-based benefits, we…
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…
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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 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 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 MoreVAWA 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…
Read MoreASISTA Statement on New Path to Work Authorization for U visa petitioners
June 14, 2021 ASISTA applauds USCIS’s policy alert announcing work authorization for U visa petitioners who present a bona fide case. This policy will help alleviate the myriad barriers that victims and their families face as a result of the significant processing delays in the U visa program. Currently there are nearly 270,000 individuals with…
Read MoreComment Today! USCIS Fraud Tip Form
On February 15, 2019 the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a proposed form for notice and comment to collect information from the general public regarding purported immigration fraud. At ASISTA, we are particularly concerned about this Fraud Tip form as it represents another tool for abusers and perpetrators of crime to…
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