Practice Updates
ASISTA 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…
Read MoreALERT: Upcoming Changes to USCIS I-765 & I-765WS Forms
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…
Read MoreASISTA Practice Pointer: Filing Form I-290B When Multiple Interrelated Forms are Denied (July 2020)
When a petitioner files multiple interrelated forms for one case, such as a U visa, the denial of one form generally leads to the denial of all ancillary forms as well. In this practice pointer, we will address how many Form I-290Bs to file in this scenario, whether derivatives need to file their own Form…
Read MoreUpdated COVID-19 Practice Pointer: Filing Deadlines for RFEs, NOIDs, NOIRs and I-290Bs (Current as of May 18, 2020)
While we continue to advocate and await further guidance, we have prepared this Practice Pointer, Filing Deadlines for RFEs, NOIDs, NOIRs, and I-290Bs, to assist you in the meeting deadlines during this national emergency. We encourage you to also visit our partners pages on COVID-19, CLINIC and CAST. To download the advisory in Word version,…
Read MoreCOVID-19 Practice Pointer: Initial Filings of U/T visa petitions and VAWA self-petitions with U.S. Citizenship and Immigration Services (USCIS) (Current as of May 12, 2020)
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…
Read MoreASISTA Statement on April 22nd Executive Order
Date: April 23, 2020 Media Contact: Ahlam Moussa, ASISTA, ahlam@asistahelp.org ASISTA denounces President Trump’s new executive order temporarily limiting entry for individuals outside the US seeking permanent residency, as it only serves to sow hatred and create division. It needlessly separates families, including certain family members of survivors. The United States is in the middle…
Read MoreNew ASISTA COVID-19 Practice Pointer (Current as of April 10, 2020)
While we continue to advocate and await further guidance, we have prepared this Practice Pointer, Filing Deadlines for RFEs, NOIDs, NOIRs and I-290Bs, to assist you in meeting deadlines during this national emergency. We encourage you to also visit ASISTA’s COVID-19 Resource Page and that of our partners, CLINIC and CAST.
Read MoreASISTA Practice Pointer: What If You Do Not Received an RFE or Denial Notice? (March 2020)
In this practice pointer, ASISTA addresses what to do if your case was denied as abandoned because you did not respond to an RFE that was never received. In the Appendix, we include a sample keystroke FOIA request and redacted keystroke FOIA response. Click here to download the document in Word version.
Read MoreUpdated Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status
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.…
Read MoreUSCIS’ New Policy on Application Forms Harms Survivors
On February 6, 2020, ASISTA sent a letter to USCIS and to the CIS Ombudsman’s office regarding the December 30, 2019 announcement that USCIS may reject Form I-918 U visa forms if there is a blank field. This significant shift in policy and practice creates enormous hardship for survivors and their families, and strains valuable…
Read MorePractice Update: USCIS Form Alert: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status
On December 30, 2019, U.S. Citizenship and Immigration Services (USCIS) placed an alert on their website for Form I-918, Petition for U Nonimmigrant Status, stating: Alert: We may reject your Form I-918 or your Form I-918 Supplement A if you leave a field blank, unless the field is optional. Optional fields include the safe mailing address as well…
Read MoreASISTA Comment on USCIS’ Harmful Proposed Rule on Fees
On December 30, 2019, ASISTA submitted its organizational comment in response to USCIS’ new proposed rule which increases immigration fees, further limits the criteria and availability of fee waivers, and includes a transfer of millions of dollars from USCIS to ICE. You can read ASISTA’s comprehensive comment here.
Read MoreFee Waivers: Updates in Practice and Advocacy
December 13, 2019: Over the last week, there have been several policy updates that impact fee waiver practice and advocacy. ASISTA has compiled a brief summary to provide additional background information, practice tips, and advocacy tools for agencies.
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