Practice Updates
ASISTA Practice Alert: VAWA Self-Petitioner Interviews at USCIS Field Offices (Feb. 17, 2025)
This Practice Alert will review the information provided by USCIS about the commencement of these interviews and their response to advocacy. ASISTA urges practitioners to report their experiences with this process in our survey. We also urge practitioners to zealously advocate for their clients who may be experiencing stress and confusion leading up to these…
Read MoreEnforcement Actions in or Near Protected Areas (January 20, 2025)
This memorandum addresses Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near areas that the Department of Homeland Security (DHS) previously determined require special protection. It is effective immediately. This memorandum supersedes and rescinds Alejandro Mayorkas’s October 27, 2021 memorandum entitled, Guidelines for Enforcement Actions in or Near…
Read MoreASISTA Notes: USCIS Stakeholder Engagement on the T Visa Final Rule (Aug. 15, 2024)
On August 15, 2024, USCIS held a stakeholder engagement on the T Visa Final Rule, which is in effect as of August 28, 2024. These are our notes from that engagement. USCIS will also post a transcript to their electronic reading room. ASISTA will monitor the implementation of and compliance with these changes. If your clients experience…
Read MoreASISTA Federal Policy Update (June 2024)
On July 2nd, ASISTA published our Federal Policy Update for June 2024, containing a summary of our federal policy activities over the last six months, including legislative and regulatory advocacy, stakeholder meeting notes, and some potential regulatory changes hopefully coming our way.
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 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.
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