Practice Updates
New 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.
Read MorePractice Pointer: What to Do If CBP Fails to Issue I-94 or Stamp Passport for U Nonimmigrant (December 2019)
This Practice Pointer provides tips to ensure that your U nonimmigrant clients who are seeking admission at a port-of-entry receive an I-94 and passport stamp and to remedy situations in which CBP has failed to issue the I-94 or passport stamp. Click here to download this document in Word version. Copyright @2019 by ASISTA Immigration…
Read MoreASISTA Practice Pointer: Assessing whether to file a U Visa Petition for Victims at Risk of Removal (November 2019)
This practice advisory provides practitioners a road map for assessing a U Visa petitioner’s potential risk of removal. Click here to download this document in Word version. Copyright @2019 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration…
Read MoreASISTA Practice Pointer: CBP Transfer Notices for U Visa Petitions (November 2019)
Have you received a notice from USCIS stating that your U visa case has been transferred to a CBP office or local field office? This Practice Pointer explains that these notices were issued in error and how you can determine where your case is located. Click here to download this document in Word version. Copyright…
Read MorePolicy Update: Changes in ICE Guidance Will Impede Access to Protections for Immigrant Survivors of Violence
Late last Friday, Immigration and Customs Enforcement (ICE) released a new fact sheet outlining when they will grant “stays” of deportation to crime victims who have cooperated with law enforcement investigations applying for a U visa. This new guidance will create enormous barriers for survivors of violence; it eliminates critical procedural safeguards and will lead…
Read MorePolicy Update: DHS Publishes Harmful New U Visa Law Enforcement Resource Guide
It is beyond overwhelming to track the myriad ways, large and small, in which DHS’ policy is eroding access to critical immigration protections, including those designed to protect immigrant crime survivors. Sometimes these policy changes don’t grab headlines, but they all contribute to DHS’ calculated and callous plan to weaken existing paths to immigration benefits.…
Read MorePractice Update: Form I-539 Extensions of Status & Passport Requirements for U nonimmigrants
ASISTA has prepared a brief advisory to address the recent trends regarding adjudication of I-539 extensions for U nonimmigrants. Practitioners report that USCIS is issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs asking for proof that the applicant had a valid passport at the time of filing. This advisory contains practice…
Read MoreServing Survivors Who May be At Risk of Immigration Enforcement Actions
ASISTA condemns the Administration’s plans for mass raids, now slated to start this Sunday. These mass immigration enforcement actions create immense fear in communities nationwide. For immigrant survivors of violence, these raids exacerbate the trauma and fear they already endure because of the abuse they have experienced. Advocates can help address this fear by providing…
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