Resource Library
Albence 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 More105 Organizations Call on Senate to Strengthen Protections for Immigrant Survivors in VAWA 2021
Last month, the Alliance for Immigrant Survivors (AIS) sent a letter signed by 105 organizations to Senate leadership to strengthen protections for immigrant survivors in the Violence Against Women Act (VAWA) 2021. For over 25 years, VAWA has served as a rare example of how a bipartisan Congress can protect survivors and strengthen their ability…
Read MoreNew Advisory: Overview of U.S. Citizenship Act of 2021 & Its Impact on Immigrant Survivors
U.S. Citizenship Act of 2021 & Its Impact on Survivors: On Thursday, February 18, 2021 theU.S. Citizenship Act of 2021 was introduced in the House by Representative Linda Sánchez and in the Senate by Senator Bob Menendez. ASISTA and our partners with the Alliance for Immigrant Survivors have prepared an overview of the bill with a discussion…
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 MoreGranados-Benitez v. Wilkinson (1st Cir) (unpublished- Jan. 28, 2021)
The 1st Circuit found that the BIA had abused its discretion in failing to follow Matter of Sanchez-Sosa in adjudicating the U visa petitioner’s Motion to Reopen and ordered remand. Click on the links to access the Amicus Brief and the Decision.
Read MoreNew Practice Advisory: Insight into USCIS’s Application of the “No-Blanks” Policy to U-Visa Petitions
The American Immigration Lawyers Association (AILA), ASISTA and the Domestic Violence Project (DVP) of the Urban Justice Center have published a new practice advisory based on new USCIS documentation obtained by FOIA litigation brought by Cleary Gottlieb on behalf of DVP. This advisory contains a summary of the records USCIS released through the FOIA litigation , as…
Read MoreLegal Remedies for Immigrant Survivors: Introductory Seminar Series – Dec 2 & 3, 2020
Updated 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 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 MoreASISTA’ s Virtual Training: “From RFE to Federal Court: Latest Strategies in Defending Survivors During the Time of COVID”
Recordings Now Available! For those of you who missed our online training, “From RFE to Federal Court: Latest Strategies in Defending Survivors During the Time of COVID,” the recordings are now available for purchase. Because we ran the online training twice, you will receive two versions of the training, whether you buy all sessions, or…
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 MoreASISTA Amicus 9th Circ. U Spouses (May 28, 2020)
ASISTA argues that DHS regulations prohibiting U visas for after-acquired spouses of crime victims violates the Congressional goals of the U visa law. See Amicus here.
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 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.…
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