Practice Advisories
VAWA Practice Advisory: VAWA Self-Petition Policy Updates (June 2022)
ASISTA, the Immigrant Legal Resource Center (“ILRC”), and Catholic Legal Immigration Network, Inc. (“CLINIC”) co-authored the VAWA Practice Advisory: VAWA Self-Petition Policy Updates. Click here to access the Executive Summary: VAWA Self-Petition Policy Updates (June 2022), and here to download the practice advisory in Word version. This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded…
Read MoreAdvisory on new T Visa sections of the USCIS Policy Manual (November 2021)
ASISTA and CAST developed this advisory to highlight significant changes to the T visa section of the USCIS Policy Manual that went into effect on October 20, 2021. Changes include: Additional guidance on the intersections between trafficking/domestic violence and trafficking/smuggling; Physical presence on account of trafficking; Extended work authorization when filing a timely I-485 under…
Read MoreNew ASISTA Policy Alert, Q&A on ICE Directive: Using a Victim-Centered Approach with Noncitizen Crime Victims (Current as of August 23, 2021)
On August 10, 2021, ICE issued a new agency directive superseding guidance from 2019 regarding stay of removal requests and removal proceedings involving U visa petitioners (hereinafter “Directive”). The Directive outlines new policies and procedures regarding exercising prosecutorial discretion for victims of crime, including those eligible for victim-based immigration relief (including VAWA self-petitions, U and…
Read MoreAlbence 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 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 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 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 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 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 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 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 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…
Read MoreNew Form I-539/I-539A Published Today
ASISTA drafted a short practice update on the newly published Form I-539 and I-539A. Read more about the grace period and the new biometrics requirements here.
Read MoreNew! Sample Language for Fee Waiver Cover Letters
Read our new publication on fee waiver requests or contesting denials.
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