New 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…

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ASISTA 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…

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ASISTA 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…

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Updated 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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ALERT: 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…

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ASISTA 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…

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ASISTA 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…

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Practice 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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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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