News & Updates

One Training, 2 locations – From RFE to Federal Court: Latest Strategies in Defending Survivors – May 14, 2020 in Detroit, MI and June 16, 2020 in San Diego, CA

By Ahlam Moussa | Mar 6, 2020 |

May 14th, 2020 in Detroit, MI (before the FBA conference)  REGISTER NOW for Detroit! & June 16th, 2020 in San Diego, CA (before the AILA conference)  REGISTER NOW for San Diego! __________________________________________________________________________ Join ASISTA for a one-day training where we will discuss administrative, judicial, and collaborative strategies for protecting immigrant survivors of violence in light of the current…

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ASISTA Practice Pointer: What If You Do Not Received an RFE or Denial Notice? (March 2020)

By Maria Lazzarino | Mar 5, 2020 |

In this practice pointer, ASISTA addresses what to do if your case was denied as abandoned because you did not respond to an RFE that was never received. In the Appendix, we include a sample keystroke FOIA request and redacted keystroke FOIA response.  Click here to download the document in Word version. 

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Hernandez v. Mesa Ruling

By Ahlam Moussa | Feb 28, 2020 |

The Supreme Court’s 5-4 ruling in Hernandez v. Mesa this week is inhumane and unjust. The decision insulates a border guard who shot and killed a child on Mexican soil. With numerous other groups advancing the rights of survivors, ASISTA filed an amicus brief highlighting the problem of sexual assaults committed by federal officers and…

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Updated Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status

By Admin | Feb 27, 2020 | Comments Off on 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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Safe Horizon and ASISTA File FOIA Request Seeking Immigration Policy Data Related to U-Visa Adjudications

By Maria Lazzarino | Feb 25, 2020 |

(New York, February 25, 2020) – Safe Horizon and ASISTA have filed a Freedom of Information Act (FOIA) request with United States Citizenship and Immigration Services (USCIS) for immigration policy data on the adjudication of U-visa petitions and adjustment of status (permanent residence) applications for those granted U visa status.   U visas were created…

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USCIS’ New Policy on Application Forms Harms Survivors

By Admin | Feb 14, 2020 |

On February 6, 2020, ASISTA sent a letter to USCIS and to the CIS Ombudsman’s office regarding the December 30, 2019 announcement that USCIS may reject Form I-918 U visa forms if there is a blank field. This significant shift in policy and practice creates enormous hardship for survivors and their families, and strains valuable…

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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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