U visas
Amicus Brief in V.U.C., et al. v. USCIS (1st Circuit)(Dec. 8, 2021)
ASISTA and other amici filed this brief regarding USCIS’s unreasonable delay in adjudicating U visa work authorization requests. Amici were represented pro bono by Nathan Warecki, Brianna Nassif, Lauren Maynard, and Myra Benjamin from Nixon Peabody. Click here to access the amicus brief.
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 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 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Read MoreGranados-Benitez v. Wilkinson (1st Cir) (unpublished- Jan. 28, 2021)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 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 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 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 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 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 MoreLetter 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.
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 Amicus Brief: Addressing Sanchez Sosa and Continuances for U applicants
Read new amicus brief on importance of continuances in Immigration Court, submitted in the Seventh Circuit.
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