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 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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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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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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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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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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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.

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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…

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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…

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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…

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ASISTA has updated its practice advisory regarding U visa application rejections due to blank spaces on the Form I-918 and I-918A. This updated advisory has filing practice pointers, as well as suggestions for re-filing rejected forms.  As this is an emerging issue, please keep ASISTA informed of any new trends not addressed in this advisory.…

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(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…

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In May and June of 2019, some practitioners have reported that USCIS issued a number of NTAs in connection with denied U and T visa applications. Given these reports, ASISTA in conjunction with CAST, Freedom Network USA, American Association of Immigration Lawyers (AILA), Immigrant Legal Resource Center (ILRC), and Asian Americans Advancing Justice-Los Angeles created…

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Annotated Notes on NTA Memo Implementation  On November 15, 2018, USCIS held a stakeholder engagement call on the implementation of the NTA memo on survivor-based protections. ASISTA, AILA and ILRC compiled these annotated notes and practice pointers based on USCIS’ responses during that stakeholder call.    

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