Resource Library
ASISTA 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.…
Read MoreALERT: ASISTA submits Amicus on Erosion of Continuances and Admin Closure for Survivors of Violence
Yesterday, ASISTA, along with our partners, submitted an amicus brief challenging EOIR’s erosion of docketing tools like continuances and administrative closures. This errosion results in limiting access to critical immigration relief for survivors of domestic violence, sexual assault, human trafficking and other serious crimes. ASISTA was joined in this brief by American Immigration Lawyers Association (AILA), Asian Pacific Institute on Gender-Based Violence (API-GBV), National Immigrant Justice…
Read MoreASISTA Practice Advisory: The Impact of Matter of N-L-Y-, 27 I&N Dec. 755 (BIA 2020)
ASISTA has developed this Practice Advisory: The Impact of Matter of L-N-Y-, 27 I&N 755 (BIA 2020), which provides a detailed overview of provisions in this precedential decision, discusses its intersection with other BIA decisions on continuances, and provides best practices for requesting continuances for U visa applicants in removal proceedings. We’ve also summarized our key…
Read MoreGood News from the 9th Circuit on the reviewability of U visa denials!
On Friday November 22, 2019, the 9th Circuit Court of Appeals published a decision reversing the district court’s dismissal of a suit challenging a U visa petition denial for lack of jurisdiction. The panel held that § 701(a)(2) of the Administrative Procedure Act (“APA”) and 8 U.S.C. § 1252(a)(2)(B)(ii) do not bar judicial review of…
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 MoreAmicus Briefs filed at the 9th and the BIA on Sanchez-Sosa (July/November, 2019)
Many thanks to fellow authors: Nareeneh Sohbatian from Winston & Strawn LA, and Brigit Greeson Alvarez and Victoria Bonds (intern extraordinaire) from LAFLA. Click here for amicus filed at the 9th Circuit, and click here for amicus filed at the BIA. To download the briefs in Word version, click here for 9th circuit brief, and…
Read MoreLitigation Update: Challenges to Fee Waiver Form Changes
In the beginning of November, two lawsuits were filed challenging the harmful revisions to USCIS fee waiver forms. USCIS’ new revisions limit the criteria for fee waivers and increase burdens on low-income applicants applying for immigration relief. Public Citizen on behalf of the Northwest Immigrant Rights Network field a suit in the U.S. District Court for…
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: 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 Advisory: Tips for Representing U Visa Respondents
ASISTA and the American Immigration Lawyers Association (AILA) recently published a new in-depth practice advisory that contains updates in policy and survivor-based advocacy strategies for U visa applicants at different stages of removal proceedings. This includes strategies for helping U visa applicants with final or prior orders of removal, those currently in removal proceedings, and…
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…
Read MorePractice Alert: Extension of I-918 Forms
On May 29, 2019, ASISTA and the American Immigration Lawyers Association (AILA) sent a letter to USCIS leadership expressing concern that the two-month grace period to transition to the new Form I-918 would cause hardship to survivors, advocates, and law enforcement agencies. On Friday, June 21, 2019, USCIS updated the I-918 Form website, so that information regarding the edition…
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