News & Updates

ASISTA Press Release: ASISTA Files Lawsuit Challenging Harmful ICE Policies Which Put Victims of Crime at Higher Risk of Removal

By Ahlam Moussa | Feb 13, 2020 |

FOR IMMEDIATE RELEASE: February 13, 2020 Contact: Ahlam Moussa, ahlam@asistahelp.org Changes to Immigration and Customs Enforcement (ICE) policy were announced August 2, 2019 that create significant additional barriers for victims of crime who cooperate with law enforcement in the investigation and prosecution of their crimes. ASISTA, represented by Protect Democracy and the Constitutional Accountability Center, filed suit today…

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ALERT: ASISTA submits Amicus on Erosion of Continuances and Admin Closure for Survivors of Violence

By Maria Lazzarino | Feb 12, 2020 |

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)

By Maria Lazzarino | Feb 4, 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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Advocacy Update: New Survivor-Focused Amicus Brief Submitted in Fee Waiver Litigation

By Admin | Jan 25, 2020 | Comments Off on Advocacy Update: New Survivor-Focused Amicus Brief Submitted in Fee Waiver Litigation

This week, ASISTA, along with our partners, submitted an amicus brief in the case Northwest Immigrant Rights Project v. U.S.Citizenship and Immigration Service (USCIS) in the U.S. District Court for the District of Columbia. This brief challenges USCIS’s sweeping changes to fee waiver policies which limit access to critical immigration relief for immigrant survivors of domestic violence, sexual assault, human…

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ASISTA Opposes Harmful Asylum Bars

By Admin | Jan 23, 2020 |

On January 21, 2020, ASISTA submitted comments in response to a proposed rule issued by the Department of Justice (DOJ) and Department of Homeland Security establishing several new bars to asylum, including creating barriers for immigrant survivors of gender-based violence. Read ASISTA’s comment here.

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Practice Update: USCIS Form Alert: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status

By Admin | Jan 16, 2020 | Comments Off on Practice Update: USCIS Form Alert: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status

On December 30, 2019, U.S. Citizenship and Immigration Services (USCIS) placed an alert on their website for Form I-918, Petition for U Nonimmigrant Status, stating: Alert: We may reject your Form I-918 or your Form I-918 Supplement A if you leave a field blank, unless the field is optional. Optional fields include the safe mailing address as well…

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Amicus Brief VAWA Joint Residence (December 27, 2019)

By Maria Lazzarino | Jan 10, 2020 | Comments Off on Amicus Brief VAWA Joint Residence (December 27, 2019)

This amicus brief, submitted to the Southern District of Florida, addresses USCIS’s requirement that self-petitioners show shared residence with their abuser during the marriage. With deep gratitude to Prof. Rebecca Sharpless and law students Meredith Hoffman and Olivia Parise from the University of Miami School of Law’s Immigration Clinic for their hard work on this…

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ASISTA Comment on USCIS’ Harmful Proposed Rule on Fees

By Admin | Jan 6, 2020 |

On December 30, 2019, ASISTA submitted its organizational comment in response to USCIS’ new proposed rule which increases immigration fees, further limits the criteria and availability of fee waivers, and includes a transfer of millions of dollars from USCIS to ICE. You can read ASISTA’s comprehensive comment here.

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2019 in Review

By Admin | Dec 28, 2019 | Comments Off on 2019 in Review

As 2019 comes to close, we’ve taken a look back at the work we’ve done this year, and all we can do with your support in 2020. Learn more about our work this year here.

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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. Click here to download this document in Word version. Copyright @2019 by ASISTA Immigration…

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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. 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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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.  Click here to download this document in Word version.  Copyright…

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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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A Northern Virginia Mother Was A Victim Of Domestic Violence. She Was Deported.

By Ahlam Moussa | Sep 11, 2019 | Comments Off on A Northern Virginia Mother Was A Victim Of Domestic Violence. She Was Deported.
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