News & Updates

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Good News from the 9th Circuit on the reviewability of U visa denials!

By Maria Lazzarino | Dec 17, 2019 | Comments Off on Good 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…

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Fee Waivers: Updates in Practice and Advocacy

By Admin | Dec 14, 2019 | Comments Off on Fee Waivers: Updates in Practice and Advocacy

December 13, 2019: Over the last week, there have been several policy updates that impact fee waiver practice and advocacy. ASISTA has compiled a brief summary to provide additional background information, practice tips, and advocacy tools for agencies.

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Practice Pointer: What to Do If CBP Fails to Issue I-94 or Stamp Passport for U Nonimmigrant (December 2019)

By Maria Lazzarino | Dec 5, 2019 | Comments Off on Practice 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.

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Immigrant Survivors are being scared into silence

By Ahlam Moussa | Nov 27, 2019 | Comments Off on Immigrant Survivors are being scared into silence

“I’ve been working in immigration rights since the 1980s and I’ve never seen this level of antagonism toward immigrants and women.” In this article, ASISTA Executive Director, Gail Pendleton talks about how immigrant survivors are being scared into silence, and how to find help before you need it. https://www.domesticshelters.org/articles/in-the-news/when-fighting-abuse-could-lead-to-deportation

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Fighting Back USCIS Harmful New Proposed Fee Rule

By Admin | Nov 18, 2019 | Comments Off on Fighting Back USCIS Harmful New Proposed Fee Rule

ASISTA stridently opposes the proposed fee rule published in the Federal Register yesterday as it further advances the Administration’s callous agenda to create significant barriers to equal access to immigration relief. The new proposed rule makes sweeping changes, including but not limited to: I. Fee Increases An increase in fees for N-400 naturalization application, from $640 to…

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ASISTA Practice Pointer: Assessing whether to file a U Visa Petition for Victims at Risk of Removal (November 2019)

By Maria Lazzarino | Nov 15, 2019 | Comments Off on 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.  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 Assistance.

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Amicus Briefs filed at the 9th and the BIA on Sanchez-Sosa (July/November, 2019)

By Maria Lazzarino | Nov 12, 2019 | Comments Off on Amicus 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…

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Litigation Update: Challenges to Fee Waiver Form Changes

By Admin | Nov 9, 2019 | Comments Off on Litigation Update: Challenges to Fee Waiver Form Changes

In the beginning of November, two lawsuits were filed challenging the harmful revisions to USCIS fee waiver forms. USCIS’ new revisions limit the criteria for fee waivers and increase burdens on low-income applicants applying for immigration relief.  Public Citizen on behalf of the Northwest Immigrant Rights Network field a suit in the U.S. District Court for…

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ASISTA Practice Pointer: CBP Transfer Notices for U Visa Petitions (November 2019)

By Maria Lazzarino | Nov 7, 2019 | Comments Off on 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. 

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ICE Letter to Congress Confirms 2011 Guidance on Victims still Effective

By Admin | Nov 1, 2019 | Comments Off on ICE Letter to Congress Confirms 2011 Guidance on Victims still Effective

In September 2019, ICE responded to a letter sent by Representative Julián Castro (TX-20) and several other members of Congress about the guidance changes regarding stay of removal processes for U visa applicants. In the letter it mentions several points: ICE may join a motion to terminate for U visa applicants in removal proceedings and…

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