U visas
ASISTA 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 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.
Read MoreAmicus 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.…
Read More7th 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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