Practice Updates
ASISTA 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…
Read MorePolicy Update: Two New Final Rules Weaken Access to Immigration Relief
Today, the Department of Justice (DOJ) and Department of Homeland Security (DHS) published a new rule that makes sweeping and devastating changes to asylum. This rule would deny the vast majority of asylum-seekers – including survivors of gender-based violence – the chance to make their case for protection, let alone to have a fair day…
Read MoreASISTA Opposes Harmful Proposed Rule Expanding Biometric Collection & Surveillance
On October 13, 2020, ASISTA submitted a comment in response to USCIS harmful new proposed rule that would pose significant privacy, confidentiality and safety implications for immigrant survivors of domestic and sexual violence, human trafficking, and other gender-based abuses. The proposed rule would change, among other things: Drastically increase the types of biometric information collected…
Read MoreUpdated Practice Advisory: Status of USCIS Fee Rule
Over the last few week, there have been several updates that impact fee waiver practice. ASISTA has updated its fee rule advisory to provide additional background information and updates for agencies working with immigrant survivors and their families.
Read MoreNew Practice Advisory: Requesting Congressional Liaison Assistance
When case issues arise with DHS and your inquiries go unanswered, Congressional liaisons may be able to help. This advisory contains helpful tips for making effective Congressional liaison assistance requests.
Read MoreASISTA Practice Pointer: DHS Freedom of Information Act Requests (August 31, 2020)
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.
Read MoreNew USCIS Fee Rule & the Impact on Survivor-based Immigration Relief
On August 3, 2020, USCIS published the final fee rule which is set to go into effect on October 2, 2020. This new rule increases the fees for commonly used forms as well as limits the criteria for fee waivers. This advisory discusses the provisions of the rule most relevant to survivor-based formsof immigration relief…
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