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.

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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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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…

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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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