Practice Update: Implementation of NTA memo on survivor-based cases

In May and June of 2019, some practitioners have reported that USCIS issued a number of NTAs in connection with denied U and T visa applications. Given these reports, ASISTA in conjunction with CAST, Freedom Network USA, American Association of Immigration Lawyers (AILA), Immigrant Legal Resource Center (ILRC), and Asian Americans Advancing Justice-Los Angeles created…

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Letter to USCIS: Extend grace period for new I-918 Forms

On May 29, 2019 AILA and ASISTA sent a letter to USCIS leadership as well as the CIS Ombudsman expressing concern that the two-month grace period to transition to the new Form I-918 is insufficient as it will cause hardship to survivors, advocates, as well as law enforcement agencies. Read the letter here.

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ASISTA Statement on Updated USCIS Guidance

New USCIS Guidance will create a chilling effect on survivors coming forward to access protection.  Yesterday, USCIS released Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (Updated NTA memo) which vastly expands the circumstances in which USCIS will issue NTAs or refer cases to ICE. …

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Amicus Brief on Direct Victim Definition (April 23, 2018)  

Here is the amicus brief we filed to the AAO with Her Justice and ICWC, Debevoise & Plympton doing the heavy lifting (and excellent crafting) for us. Thanks to all involved, great job! Click here to download the amicus brief in word version. We suggest you use this framework when making your “not-obvious” victim arguments.…

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7th Circuit holds IJs have review of I-192 for U visa applicants

Many thanks, again, to Chuck Roth for NIJC for leading this effort. Baez-Sanchez reiterates the 7th Circuits findings in L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014), where it found that the BIA and IJs had (d)(3) waiver authority as to U visas.  The BIA later disagreed in Matter of Khan, 26 I&N Dec. 797…

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