Resource Library
ASISTA, AILA, & ICWC Amicus Brief 2024: Proper Analysis for ‘Qualifying Criminal Activity’
On Monday, Oct. 28, AILA, ASISTA, and ICWC submitted a joint amicus brief to the US District Court for the Middle District of Florida, regarding the proper analysis USCIS should use to assess whether a crime underlying a U visa petition is “qualifying criminal activity.” The complainant in the case had been the victim of…
Read MoreTop Ten Things Domestic Violence/Sexual Assault Advocates Should Know About Immigrant Survivors
ASISTA’s Top Ten List for domestic violence & sexual assault advocates aims to inform advocates about key concepts and barriers impacting immigrant survivors of gender-based violence, while providing resources to help overcome them. (Original, Dec. 2023; Re-designed: Sept. 2024) This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU & 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against…
Read MoreASISTA Practice Pointer: Age-Out Protections in U Nonimmigrant Status (Aug. 2024)
ASISTA is pleased to release this Practice Pointer on the age-out protections for U Nonimmigrants. The age-out statute provides critical protections to U principals and derivatives, but the protections are limited in scope and often misunderstood. This Practice Pointer clarifies the scope of these age-out protections and provides practice tips for practitioners to avoid age-out for clients…
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 Practice Alert: New DOJ Regs. and Immigrant Survivors (Aug. 19, 2024)
This Practice Alert reviews the EOIR regulations effective July 29, 2024, and the potential impact of the regulations on immigrant survivors and their derivative beneficiaries who are seeking administrative closure or the termination of removal proceedings. As the regulations are implemented and more information becomes available, ASISTA will update this guidance.
Read MoreASISTA Practice Advisory: Addressing Late-Breaking Inadmissibility Grounds for U Visa Beneficiaries (Aug. 8, 2024)
When a U applicant or recipient fails to waive an applicable inadmissibility ground at any stage, for any reason, it puts their current and future statuses at risk. Yet there do exist strategies to address these “late-breaking” inadmissibility grounds, depending on when they come into being and when you learn of them. This practice advisory…
Read MoreRequest for USCIS to Accept Prior Edition of I-918 Forms Through March 31, 2025 (April 18, 2024)
In conjunction with the new fee rule that went into effect on April 1, 2024, USCIS updated immigration forms, including the I-918 and related forms. Starting June 3, 2024, USCIS will only accept the new version of the form. This short grace period will create significant hardships and hurdles for those who have sought or…
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 MoreASISTA Practice Pointer: Correctly Identifying the Expiration Date of U Nonimmigrant Status (Updated February 8, 2024)
Many practitioners report uncertainty about the date their client’s U status expires because the client has multiple documents defining the validity of their status. For instance, a U derivative may have: (1) the I-797 approval notice for the principal’s I-918, (2) the I-797 approval notice for their own I-918A, (3) a U-3 (or other derivative…
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 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 New Resource: Top Ten Things Criminal Defense Attorneys Should Know About Criminalized Survivors (Oct. 9, 2023)
When a noncitizen survivor faces criminal charges, their immigration prospects will be best preserved if their criminal defense attorney is well-informed about immigration fundamentals. This resource is designed to inform criminal defense attorneys and advocates of key immigration concepts and equip them with useful tips and resources to put them into action.
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 MoreImmigrant Visa Flowcharts for Derivatives of VAWA and U Principals
These four flowcharts were created by Esther Limb, Supervising Attorney at Her Justice, in connection with ASISTA’s March 2023 Virtual CLE Conference, “Everything You Ever Wanted to Know About Derivatives.” They are current as of March 2023. The flowcharts depict the processes to follow for derivative beneficiaries and other relatives of VAWA and U petitioners,…
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 MoreBrand-New: ASISTA & Ujima Release Practice Advisory on Anti-Blackness & Immigrant GBV Survivors (Feb. 2023)
FOR IMMEDIATE RELEASE: February 9, 2023 Contacts: Kirsten Rambo, kirsten@asistahelp.org Cristina Velez, cristina@asistahelp.org ASISTA Releases Practice Advisory on Anti-Blackness and Immigrant Survivors of Gender-Based Violence in Collaboration with Ujima, Inc. The racism that pervades the US immigration system creates particular hardships for Black survivors of gender-based violence (GBV). ASISTA and Ujima, Inc. (the National Center…
Read MoreASISTA Releases Practice Advisory on Representing Criminalized Immigrant Survivors (Jan. 2023)
FOR IMMEDIATE RELEASE: January 18, 2023 Contacts: Kirsten Rambo, kirsten@asistahelp.org Cristina Velez, cristina@asistahelp.org ASISTA Releases Practice Advisory on Representing Criminalized Immigrant Survivors ASISTA has released a practice advisory for immigration practitioners that provides an introduction to the impacts of criminal-legal system contacts on eligibility for survivor-based immigration relief. Immigrant survivors may be criminalized for many reasons,…
Read MoreNew Resource: ASISTA’s Flyer: Services to OVW Grantees & Sub-grantees (Updated Nov. 2022)
The updated ASISTA’s Flyer has direct links to the orientation session recording and other service for OVW LAV grantees/sub-grantees and STOP sub-grantees.
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 More