Practice Updates
ASISTA 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: Hot Tips for Using Service Center Hotlines and Supplementing Pending Petitions (Updated Jan. 22, 2024)
This practice pointer synthesizes the current recommendations for using USCIS “hotline emails” for customer service inquiries on cases protected by 8 USC § 1367 privacy requirements, i.e., survivor-based relief applications. This project was supported by Grant No. 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and…
Read MoreASISTA Federal Policy Update (December 2023)
On December 22, 2023, ASISTA published an update of our federal policy activities from October to December of 2023, including legislative advocacy, stakeholder meetings and advocacy letters, submitted comments, and provided notification of upcoming deadlines for comments to form revisions, and an update regarding the final and proposed regulations for survivor-based relief expected in early…
Read MoreASISTA I-485 Comment (11/7/2023)
On September 8, 2023, USCIS published a revision of Form I-485 Application to Register Permanent Residence or Adjust Status greatly expanding the number and type of questions for applicants to complete. On November 7, 2023, ASISTA submitted a comment emphasizing the impact of these form changes on beneficiaries of survivor-based relief.
Read MoreChecklist: Initial Documents Immigrant Survivors May Need (Nov. 2023)
This checklist suggests documents that social workers and advocates working with immigrant survivors may wish to help the survivors to gather. They may become useful for pending or future immigration application. Most people will not have all of these, but if your client has them, see if you can help obtain a copy. This project…
Read MoreASISTA Notes from USCIS HART Service Center Quarterly Engagement (Sept. 22, 2023)
On September 22, 2023, USCIS held an engagement to provide an update on the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center, which included a Q&A portion. These are ASISTA’s notes from that engagement.
Read MoreOverview of the New Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (April 20, 2023)
On April 20, 2023, USCIS held an engagement to provide an overview of the new Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center, which included a Q&A portion. These are ASISTA’s notes from that engagement.
Read MoreASISTA and collaborators AILA, ICWC, CAST, and ILRC delivered a letter to USCIS Re: Biometrics for U and T Visa Applicants Abroad (Feb. 2023)
On February 14, 2023 ASISTA and collaborators AILA, ICWC, CAST, and ILRC delivered a letter to USCIS raising concerns about the unavailability of biometrics appointments for U and T visa petitioners and their derivatives abroad, and the negative consequences resulting from their inability to complete application requirements, including prolonged family separation and even unfair denials…
Read MoreRecommendations 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…
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 MoreBIA 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…
Read MoreAdvisory 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…
Read MoreIn 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.
Read MoreNew 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…
Read MoreAlbence 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 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 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 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 MoreImportant Policy & Practice Updates
There have been many policy and practice updates over the last few weeks. We’ve compiled a short list of a few important updates to help you keep track. Upcoming Closures USCIS temporarily suspends in-person services. USCIS announced Friday afternoon that it will temporarily suspend in-person services next Tuesday and Wednesday. USCIS issued the following notice: “U.S. Citizenship…
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