Practice Advisories

Advisories, Newsletters, Q&A

ASISTA and its partners create extensive practice advisories about policies and procedures related to VAWAs, U and T visas and more. Please see below.

General Advisories

Practice Advisory: International Travel and U Nonimmigrant Status (Oct. 2024)

There are lots of things to consider when your U-status client asks if they can travel abroad. What stage of their U application or U-based adjustment process are they in? What inadmissibilities might they face? What is the political and enforcement climate like? This practice advisory and accompanying chart lay out key laws, policy, and other factors to keep in mind when counseling clients about international travel.

This project was supported by Grant No. 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Practice Advisory: Opposing Defendants' Requests for U and T Filings in Criminal Proceedings (Oct. 2024)

Immigrant survivors of gender-based violence who apply for U and T Nonimmigrant Status are often required by law to have some interaction with the criminal-legal system. This Practice Advisory, jointly produced by ASISTA and the National Crime Victim Law Institute, identifies when U and T filings may arise in a criminal proceeding and, through the framework of crime victims’ rights, offers promising practices for defending against subpoenas requesting immigrant survivors’ U and T filings.

NEWLY DESIGNED! Top Ten Things Domestic Violence/Sexual Assault Advocates Should Know About Immigrant Survivors (Original, Dec. 8, 2023- Newly Designed: Sept. 2024)

ASISTA's Top Ten List for domestic violence & sexual assault advocates aims to inform advocates about key concepts and barriers impacting immigrant survivors of gender-based violence, while providing resources to help overcome them.

This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU & 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

ASISTA Practice Pointer: Age-Out Protections in U Nonimmigrant Status (Aug. 2024)

ASISTA is pleased to release this Practice Pointer on the age-out protections for U Nonimmigrants. The age-out statute provides critical protections to U principals and derivatives, but the protections are limited in scope and often misunderstood. This Practice Pointer clarifies the scope of these age-out protections and provides practice tips for practitioners to avoid age-out for clients both inside and outside the United States.

ASISTA Practice Alert: New DOJ Rule: Administrative Closure and Termination in Removal Proceedings For Immigrants Seeking Survivor-Based Relief (Aug. 19. 2024)

This Practice Alert reviews the EOIR regulations effective July 29, 2024, and the potential impact of the regulations on immigrant survivors and their derivative beneficiaries who are seeking administrative closure or the termination of removal proceedings. As the regulations are implemented and more information becomes available, ASISTA will update this guidance.

ASISTA Practice Advisory: Addressing Late-Breaking Inadmissibility Grounds for U Visa Beneficiaries (Aug. 8, 2024)

When a U applicant or recipient fails to waive an applicable inadmissibility ground at any stage, for any reason, it puts their current and future statuses at risk. Yet there do exist strategies to address these "late-breaking" inadmissibility grounds, depending on when they come into being and when you learn of them. This practice advisory describes the current best practices for protecting survivors in these situations, whether before or after I-918/I-192 approval, before or after adjustment of status, or even during the naturalization process.

ASISTA Practice Alert: Parole in Place and Streamlined Employment-Based Visas: What We Know and What We Want to See for Immigrant Survivors (July 2024)

In June 2024, the Biden Administration announced new programs to promote family reunification and access to employment-based visas for noncitizen graduates of U.S. institutions of higher education. This Practice Alert will outline the requirements for the new Parole in Place (“PIP”) program for spouses and stepchildren of U.S. Citizens, address how immigrant survivors and their children may benefit, detail our unanswered questions and hopes for the PIP program, address the employment-based visa changes, and identify existing parole programs that may benefit immigrant survivors.

ASISTA Practice Advisory: Reinstatement of Removal and Immigrant Survivors (June 2024)

Immigration practitioners may encounter immigrant survivors who are subject to, or have already experienced, reinstatement of removal. This practice advisory will explore the effects of reinstatement on eligibility for survivor-based relief, identify intervention points for practitioners representing survivors who are subject to reinstatement or have reinstated removal orders, and describe effective advocacy strategies for survivors in various postures of pending or approved petitions for relief.

ASISTA Practice Advisory: Establishing Employment Authorization for T and U Nonimmigrants Without an EAD Card (Updated in June 2024)

This Practice Advisory summarized the differing work authorization rules for T and U principals and derivatives, the instructions in USCIS's Handbook for Employers regarding T and U nonimmigrants' methods of providing their work authorization, and the privacy concerns arising from the use of visa status documentation, instead of employment authorization document cards (EADs), to establish work authorization. Practitioners can use this information to advocate for their clients who are authorized to work incident to their status, but are not in possession of a valid EAD.

ASISTA Practice Pointer: Correctly Identifying the Expiration Date of U Nonimmigrant Status (Updated February 8, 2024)

Many practitioners report uncertainty about the date their client’s U status expires because the client has multiple documents defining the validity of their status. For instance, a U derivative may have: (1) the I-797 approval notice for the principal's I-918, (2) the I-797 approval notice for their own I-918A, (3) a U-3 (or other derivative U category) visa in their passport, (4) an I-94 from CBP, and (5) a passport entry stamp. Sometimes the expiration date on one of these documents is different from others. This resource provides strategies to address expiration date discrepancies, obtain a copy of the I-94, which is generally controlling, and develop an appropriate plan for filing that preserves your client's rights.

BFD Notices: Recent Trend Survey Results (Jan. 2024)

In December 2023, ASISTA member practitioners reported receiving an influx of BFD notifications for cases filed in all years, including very recently. Although pleased with earlier BFD decisions in many cases, practitioners also noted that they had not received EADs following the BFD notification in the usual timeframe. This prompted ASISTA to circulate a survey seeking more information about the patterns that members were seeing with regard to newly issued BFDs. We are sharing the survey results back to the list so that members can see current patterns, and will update our members when USCIS provides more information about their current BFD processes.

ASISTA Practice Pointer: Hot Tips for Using Service Center Hotlines and Supplementing Pending Petitions (Updated Jan. 22, 2024)

This practice pointer synthesizes the current recommendations for using USCIS “hotline emails” for customer service inquiries on cases protected by 8 USC § 1367 privacy requirements, i.e., survivor-based relief applications.

ASISTA's OVW-Funded Products, 2021-2023 Grant Period (Dec. 2023)

This document contains all practice advisories, practice pointers, alerts, and any other documents produced during our 2021-2023 grant period.

This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

ASISTA Notes from USCIS Q&A December 2023 Conference

This document contains ASISTA’s notes from our Q&A with USCIS representatives during our virtual conference on December 13, 2023. ASISTA’s notes have not been reviewed by USCIS and all content is paraphrased. The responses from USCIS are for purposes of public outreach for stakeholders. They do not create a right or benefit and are not legal advice.

AILA, Cyrus Mehta, Craig Dobson, and Miki Matrician, "Dual Representation of Spouses and Ethical Pitfalls" (2023)

ASISTA New Resource: Final Top Ten Things Criminal Defense Attorneys Should Know About Criminalized Survivors (Oct. 9, 2023)

When a noncitizen survivor faces criminal charges, their immigration prospects will be best preserved if their criminal defense attorney is well-informed about immigration fundamentals. This resource is designed to inform criminal defense attorneys and advocates of key immigration concepts and equip them with useful tips and resources to put them into action.

Advanced Issues in U Visas and U Adjustment of Status (Updated August 2023)

This practice advisory addresses a recent case law development regarding derivative eligibility for U visa qualifying family members, the use of discretion in waivers of inadmissibility for U visas, as well as common issues in U-based adjustment of status, such as addressing unwaived grounds of inadmissibility and negative discretionary factors.

ASISTA Notes from USCIS CAM Stakeholder Engagement & Highlights from April 2023 Expansion (April 2023)

On March 9, 2022, USCIS held an engagement to provide an overview of the reopening and expansion of the Central American Minors (CAM) Program, which included a Q&A portion. These are ASISTA's notes from that engagement, which also highlight certain updates to the program since that engagement, per the April 2023 expansion.

ASISTA Practice Advisory: Ongoing Receipt Delays in Humanitarian Cases (March 29, 2023)

On March 29, 2023, ASISTA released a Practice Pointer on the ongoing issue of egregiously delayed receipt notices. The Practice Pointer describes the scope of the problem, shares USCIS's latest response to it, and suggests actions practitioners can take to obtain receipts.

New Resource: Introduction to Survivor-Based Immigration Relief (Jan., 2023)

ASISTA has prepared an introductory resource on survivor-based immigration relief for beginner practitioners and domestic violence and sexual assault advocates. The resource provides an overview of common immigration terms and the eligibility criteria for common forms of survivor-based relief, including U and T visas and related adjustment applications, VAWA Self-Petitions and VAWA adjustment, battered spouse waivers, VAWA cancellation of removal, and work permits for abused spouses of certain nonimmigrants.

Practice Advisory: Representing Criminalized Survivors: Impact of Criminal Inadmissibility on Survivor-Bases Immigration Remedies (Jan. 18, 2023)

ASISTA has prepared a practice advisory for immigration practitioners that provides an introduction to the impacts of criminal-legal system contacts on eligibility for survivor-based immigration relief. The advisory surveys common criminal grounds of inadmissibility, bars to good moral character, exceptions and waivers, and the impact of criminal grounds of inadmissibility on eligibility for U-visas, T-visas, Adjustment of Status, VAWA Self-Petitions, and VAWA cancellation of removal. This practice advisory also contains practice tips for immigration practitioners who represent criminalized survivors and citations to additional resources.

ASISTA's Practice Alert: Abortion Rights for Immigrant Survivors: The Impact of Dobbs on Representation of Immigrant Survivors Seeking Reproductive Healthcare (Jan. 12, 2023)

The landscape of abortion rights and restrictions is very complex and constantly shifting. This resource aims to provide accurate information and resources that can guide you to make reason decisions with your clients the current state law, not fear. As the law changes, we will keep this advisory as current as possible. Please be sure to consult the resources linked for additional information on the most recent developments.

VAWA Practice Advisory: VAWA Self-Petition Policy Updates (June 2022)

ASISTA, the Immigrant Legal Resource Center ("ILRC"), and Catholic Legal Immigration Network, Inc. ("CLINIC") co-authored the VAWA Practice Advisory: VAWA Self-Petition Policy Updates.

Click here to access the Executive Summary: VAWA Self-Petition Policy Updates (June 2022)

Click here to download the practice advisory in Word version.

Overview of Changes in Law & Policy Shifts Impacting Survivors Eligible for Humanitarian Relief (2021-2022)

ASISTA COVID-19 Practice Pointer: COVID Testing & Vaccination Requirements for Travel to the United States (Updated April 2022)

ASISTA practice pointer with latest information on COVID-19 testing and vaccination.

Updated ASISTA Practice Advisory: The Impact of Matter of L-N-Y- (April 2022)

ASISTA has updated 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.

Advisory on new T Visa sections of the USCIS Policy Manual (November 2021)

ASISTA and CAST developed this advisory to highlight significant changes to the T visa section of the USCIS Policy Manual that went into effect on October 20, 2021. Changes include: Additional guidance on the intersections between trafficking/domestic violence and trafficking/smuggling; Physical presence on account of trafficking; Extended work authorization when filing a timely I-485 under INA 245(l); and Guidance on waivers of inadmissibility under INA 212(d)(3) and (d)(13).

Click here to download the practice pointer in Word version.

Annotated Notes: ASISTA and ILRC Webinar on Bona Fide Determination for U Nonimmigrant Status (August 18, 2021)

On August 18, 2021, ASISTA and ILRC hosted a webinar during which USCIS answered pre-submitted questions regarding the bona fide determination policy that was announced on June 14, 2021. The webinar was not recorded, but ILRC and ASISTA are providing their own notes from the session.

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 T visas, and SIJS) as well as victims and witnesses who are assisting in investigations or prosecutions. It also outlines definitions of terms, the responsibilities of different components of ICE with regard to the implementation of these new policies, training requirements, and obligations regarding record keeping.

ASISTA's new Policy Alert provides an overview of the new directive and identifies areas in which additional clarification or further advocacy may be required.

Albence Practice Advisory (Updated 6/21/2021): Stay Extended through July 2, 2021

The stay in ASISTA v. Johnson (formerly known as ASISTA v. Albence) has been extended through July 2, 2021 while the parties continue discussions regarding an additional 90 day stay. Our practice advisory has been updated accordingly.

Updated Practice Alert Regarding Certain U and T After-Acquired Cases (June 11, 2021)

The Ninth Circuit's decision in Medina Tovar became final on May 2, 2021. The Court held that after-acquired spouses of U visa petitioners are eligible to "accompany or follow to join" the U-1 petitioner through the I-918A petitioning process. ASISTA, CLINIC & ILRC's new Practice Alert includes the latest information on how and when to file an I-918A for a derivative spouse where the marriage to the U-1 petitioner occurred after the filing of the I-918 but before the U petition was adjudicated.

Practice Update: ICE Agrees Not to Remove, Deny Requests for Stay of Removal, or Oppose Continuances for U Visa Petitioners for 90 Days (March 22, 2021)

On March 18, 2021, Judge Jeffrey A. Meyer granted the parties’ joint motion to stay the proceedings for 90 days subject to specific interim conditions. These conditions prohibit ICE from (1) denying a request for stay for U visa petitioners; (2) removing U visa petitioners; or (3) opposing a motion to continue for U visa petitioners during the 90 day period, subject to certain exceptions. This update informs practitioners of the terms of the agreement and potential implications for representing U visa clients.

ASISTA Practice Alert Regarding Certain U Visa "After-Acquired Spouse" Cases (February 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 determine what this decision means for your U visa petitioners who married after filing their I-918, but before USCIS issued a final adjudication.

ASISTA members can request case-specific technical assistance through our member portal. If you have questions on ASISTA membership, contact us at questions@asistahelp.org.

New Practice Advisory: Insight into USCIS's Application of the "No-Blanks" Policy to U-Visa Petitions (November 23, 2020)

The American Immigration Lawyers Association (AILA), ASISTA, and the Domestic Violence Project (DVP) of the Urban Justice Center have published a new practice advisory based on new USCIS documentation obtained by FOIA litigation brought by Cleary Gottliebon behalf of DVP.

ASISTA Practice Pointer: Requesting Congressional Liaison Assistance (September 2020)

Your client's Congressperson may be able to assist when DHS is not responding to your advocacy efforts. In this practice pointer, we explain how to request assistance from your client's senator or representative and when congressional liaisons are most effective. Please click here to download this practice pointer in Word version.

ASISTA Practice Pointer: FOIA Requests to DHS in Survivor-Based Cases (August 31, 2020)

We are happy to share ASISTA's new practice pointer: DHS Freedom of Information Act Requests. This practice pointer includes a breakdown of each DHS agency's record keeping, sample FOIA language, and information on administrative appeals of FOIA results. For additional helpful tips, take a look at our recent webinar, FOIA Requests to DHS in Survivor-Based Cases.

ASISTA Practice Pointer: Filing Form I-290B When Multiple Interrelated Forms are Denied (July 2020)

When a petitioner files multiple interrelated forms for one case, such as a U visa, the denial of one form generally leads to the denial of all ancillary forms as well. In this practice pointer, we will address how many Form I-290Bs to file in this scenario, whether derivatives need to file their own Form I-290B, and pitfalls in completing the Form I-290B.

Click here to download the practice pointer in Word version.

This project was supported by Grant No. 2017-TA-AX-K061 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

COVID-19 Practice Pointer: Initial Filings of U/T visa petitions and VAWA self-petitions with U.S. Citizenship and Immigration Services (USCIS) (Current as of May 12, 2020)

In this practice advisory, ASISTA provides practice tips on how to comply with deadlines and submit initial filings during the COVID-19 national emergency. Click here to download the practice pointer in Word version.

New ASISTA COVID-19 Practice Pointer (Current as of April 10, 2020)

While we continue to advocate and await further guidance, we have prepared this Practice Pointer, Filing Deadlines for RFEs, NOIDs, NOIRs, and I-290Bs, to assist you in the meeting deadlines during this national emergency. We encourage you to also visit our partners pages on COVID-19, CLINIC and CAST.

ASISTA Practice Pointer: What If You Do Not Receive an RFE or Denial Notice? (March 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.

ASISTA Practice Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status (February 27, 2020)

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. Read the advisory here

ASISTA Practice Advisory: The Impact of Matter of L-N-Y-, 27 I&N Dec. 755 (BIA 2020) (February 3, 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 practice pointers in this Practice FAQ. Click here to download the practice advisory in Word version and here for the FAQ in Word version.

Copyright @2020 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.

Practice Update: USCIS Form Alert: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status (January 16, 2020)

Fee Waivers: Updates in Practice and Advocacy (December 13, 2019)

Practice Update: New Fee Waiver Forms in Effect (December 2, 2019)

Fee Waiver Form in Effect December 2, 2019 (December 2, 2019)

ASISTA 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 Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.

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 the document in Word version.

ASISTA Practice Pointer: CBP Transfer Notices for U Visas 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.

ASISTA Practice Update: Form I-539 Extensions of Stay & Passport Requirements for U Nonimmigrants (July 2019)

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 tips for advocates to prevent and address this issue. The Word version can be accessed here.

Practice Advisory: Tips for Representing U Visa Respondents (July 2019)

ASISTA and the American Immigration Lawyers Association (AILA) recently published a new in-depth practice advisory that contains updates in policy and survivor-based advocacy strategies for U visa applicants at different stages of removal proceedings. This includes strategies for helping U visa applicants with final or prior orders of removal, those currently in removal proceedings, and options for survivors if they receive unfavorable decisions in immigration court. This advisory will be updated should new or additional policy developments impact its content.

NTA Practice Update (June 2019)

NTA Practice Update: Issuance of Notice to Appear (NTAs) in denied humanitarian-based immigration cases.

New! Sample Language for Fee Waiver Cover Letters (February 25, 2019)

Practice Advisory: Fee Waivers for VAWA Self-petitions, U and T Visa Applications (August 2018)

ASISTA has been receiving reports from practitioners nationwide that they have seen a significant increase in the rates of fee-waiver denials from the Humanitarian Division of the Vermont Service Center. ASISTA has created a practice advisory to help advocates in their fee waiver preparation.

Click here to download the Fee Waiver Advisory in Word version. Click here to download the Sample Fee Waiver Form in Word version.

Appendix: Sample Language for Submitting Initial Fee Waiver Requests or Contesting Denials (February 2019). Appendix: Sample Language for Submitting Initial Fee Waiver Requests or Contesting Denials in Word version (February 2019)

Copyright@2018 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.

USCIS Policy Memorandum: Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (June 28, 2018)

This policy memorandum (PM) applies to and will be used to guide referrals and the issuance of NTAs by all USCIS employees, unless otherwise specifically provided in this PM or other USCIS policy or guidance documents. This PM supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011.

Click here to access the NTA Practice Update, June 2019:Issuance of Notices to Appear (NTAs) in Denied Humanitarian-based Immigration Cases.

Q&A: Survivors Safety and Immigration Policy (November 29, 2016)

This link opens a Q&A for attorneys and advocates working with immigrant domestic violence/sexual assault survivors to explain what the anticipated changes in immigration policy might mean for the individuals and families they serve. This is very much a working document that will be updated if/when we learn more about specific policy proposals. This document was prepared in collaboration with Americans for Immigrant Justice; Asian Pacific Institute of Gender-Based Violence; ASISTA Immigration Assistance; Casa de Esperanza: National Latin@ Network; Center for Gender & Refugee Studies; Freedom Network USA; Immigrant Legal Resource Center; Immigration Center for Woman and Children (ICWC); Julie Marzouk Assistant Clinical Professor, Dale E. Fowler School of Chapman University; Minnesota Coalition for Battered Women; National Immigrant Justice Center; Tahirih Justice Center; We Belong Together.

Q&A: Seguridad de Sobrevivientes y Políticas de Inmigración (Noviembre 29, 2016)

Este documento ofrece preguntas y respuestas para abogados y defensores que trabajan con sobrevivientes inmigrantes de violencia doméstica/ agresión sexual. Este documento fue creado para explicar lo que podrían significar los cambios anticipados en la política de inmigración para las personas y las familias a las que sirven. Esto es un documento de trabajo que se actualizará cuando aprendamos más sobre propuestas de políticas específicas. Este documento fue elaborado en colaboración con las siguientes organizaciones: Americans for Immigrant Justice; Asian Pacific Institute of Gender-Based Violence; ASISTA Immigration Assistance; Casa de Esperanza: National Latin@ Network; Center for Gender & Refugee Studies; Freedom Network USA; Immigrant Legal Resource Center; Immigration Center for Woman and Children (ICWC); Julie Marzouk Assistant Clinical Professor, Dale E. Fowler School of Chapman University; Minnesota Coalition for Battered Women; National Immigrant Justice Center; Tahirih Justice Center; We Belong Together.

Implementing Parole Procedure for U Visa Program (May 7, 2015)

Letter to USCIS with proposal for U visa conditional grantee parole system signed by 124 organizations that support, serve and/or advocate on behalf of survivors of domestic violence, sexual assault, dating violence, stalking, and human trafficking.

Practice Advisory: U Conditional Approvals (February 2015)

This practice advisory contains tips to help conditionally approved U visa holders who are waitlisted due to the U visa cap restrictions. We will be covering issues concerning employment authorization as well as tips for requesting humanitarian parole for derivatives where the principal U visa applicant has been awarded a conditional U visa grant.

Practice Advisory: Best Evidence, Credibility, and Any Credible Evidence (May 29, 2014)

This advisory, written by Gail Pendleton and Cecelia Friedman Levin, reviews two common ways in which applications may fail to sufficiently support the credibility of the documentation supplied.

Copyright @2014 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.

ASISTA Initial Advisory: U Visa Cap and Practice Pointers from VSC Stakeholder Teleconference on 12/12/13 (December 2013)

These notes include important information, especially regarding USCIS reaching the U visa cap and other updates and changes. Please check back to the ASISTA website for changes and updates.

Copyright@2013 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.

Priority Principles to Address Violence Against Women in Comprehensive Immigration Reform (November 2013)

Advocates for immigrant survivors of violence urge Congress apply the following principles so that immigrant survivors of violence are protected in immigration reform.

ASISTA Practice Advisory: Updates on VAWA Adjustment (May 30, 2013)

This practice advisory was created in response to reports of long delayed VAWA adjustment cases. In consultation with the Office of the CIS Ombudsman, this advisory contains updates in processing as well as some practice pointers to avoid and to address delays in the processing of your cases.

Copyright @2013 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.

ASISTA Immigration Bulletin: Covering Developments in Immigration Law (March 2013)

This ASISTA bulletin has brief updates on developments in immigration law, not specific to survivors of violence, but that may affect them.

Copyright @2013 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.

ASISTA Practice Advisory: DACA, VAWA, & U Visa Applications (September 2012)

This practice advisory discusses the intersection of the Deferred Action for Childhood Arrivals (DACA program) with applications for U visa, and VAWA self-petition, including the availability of DACA relief for derivative U visa applicants.

Copyright @2012 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.

ASISTA Practice Advisory: U Update: Cap Queue and DACA Derivatives Practice Pointers (September 7, 2012)

This practice advisory was written by Gail Pendleton.

ASISTA Practice Advisory: Protecting the Rights of Immigrant Survivors: Insecure Communities (Spring 2011)

This document provides a background of selected Immigration and Custom Enforcement (ICE) programs and how they impact survivors' safety. This document also provides additional considerations for working with survivors against the backdrop of these policies. Finally, the outline provides some advocacy strategies when working with systems to help ensure safety for our communities.

Copyright @2011 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.

ASISTA Practice Advisory in Spanish: Protección de los Derechos de los Inmigrantes Sobrevivientes de Crímenes de Violencia: Comunidades Inseguras (2011)

Este documento proporciona información sobre los programas seleccionados de Inmigración y Control de Aduanas (ICE) y cómo impactan en la seguridad de los sobrevivientes. Este documento provee también consideraciones adicionales para trabajar con sobrevivientes en el contexto de estas políticas. Finalmente brinda, en términos generales estrategias de consejería cuando se trabajar con sistemas para ayudar a garantizar la seguridad de nuestras comunidades.

Practice Advisory: Adjustment of Status of "Arriving Aliens" Under the Interim Regulations: Challenging the BIA's Denial of a Motion to Reopen, Remand, or Continue a Case (April 16, 2007)

This practice advisory is the third in a series about interim regulation, adopted May 12, 2006, which give USCIS jurisdiction over the adjustment applications of an "arriving alien" parolee who is in removal proceedings.

Agency Engagements

ASISTA Notes: USCIS Stakeholder Engagement with AILA VAWA, U, T Committee (11/14/2024)

On November 12, 2024, USCIS held a stakeholder engagement with the AILA VAWA, U, T National Committee. These are ASISTA's notes from that engagement.

ASISTA Notes from the USCIS Briefing on Change to VAWA on 11/12/2024

On November 12, 2024, USCIS held a briefing with a small number of stakeholders. There, USCIS announced that, in response to high-profile cases of immigration fraud involving the VAWA program and significant increases in VAWA filings, USCIS would begin interviewing VAWA self-petitioners who have both a VAWA I-360 and an I-485 pending. These interviews, which will begin in December 2024, will address eligibility for both VAWA and adjustment of status.

ASISTA and many other organizations have expressed concern over this drastic change and we will continue to update the field as we learn more. Click here to access the ASISTA's notes from the briefing.

ASISTA & AILA Letter to USCIS re: Missing Correspondence in U/T/VAWA Cases) (Oct. 28, 2024)

In October 2024, ASISTA and AILA sent a letter to USCIS to submit collected examples demonstrating a trend of missing submissions to USCIS and missing correspondence from USCIS in VAWA, U, and T cases. With the examples, we also provided recommendations to address these issues.

ASISTA Notes: USCIS Stakeholder Engagement on the T Visa Final Rule (Aug. 15, 2024)

On August 15, 2024, USCIS held a stakeholder engagement on the T Visa Final Rule, which is in effect as of August 28, 2024. These are our notes from that engagement. USCIS will also post a transcript to their electronic reading room. ASISTA will monitor the implementation of and compliance with these changes. If your clients experience problems or if any questions arise, please consider letting us know via a technical assistance appointment.

ASISTA Notes: The CIS Ombudsman's Webinar Series: Engagement with USCIS on the HART Service Center One-Year Anniversary (April 2024)

On April 30, 2024, the CIS Ombudsman hosted a joint webinar with USCIS on the one-year anniversary of the HART Service Center. While a lot of the information covered in this webinar was also shared in HART's March anniversary engagement, at this joint webinar, HART did respond to some pre-submitted and live questions. These are our notes from that April joint webinar. Our notes from the March anniversary engagement can be found here

ASISTA Notes: HART Service Center One-Year Anniversary Engagement (March 27, 2024)

On March 27, 2024, USCIS held a One-Year Anniversary Engagement for the HART Service Center, which was scheduled to share updates from HART and for USCIS to get feedback, comments, and questions from stakeholders. These are ASISTA’s notes from that engagement. Please note that USCIS stated that they collected questions submitted to them, but did not respond to any questions during the engagement.

USCIS National Engagement: 2024 Final Fee Rule (Date of Engagement Feb. 22, 2024)

On February 22, 2024, USCIS held a national engagement to discuss the 2024 Final Fee Rule. These are ASISTA’s notes from that engagement, which focus on the portions of the engagement most relevant to practitioners representing immigrant survivors.

ASISTA Q&A with USCIS Humanitarian Affairs Division and Service Center Operations Directorate (SCOPS) (Sept., 2023)

These are ASISTA's notes from our September 2023 meeting with representatives from USCIS, addressing questions raised by members and practitioners of survivor-based immigration work. Some primary areas of focus were international travel by immigrant survivors, documentation of status, and miscellaneous questions on BFD notices and preservation of eligibility for U derivatives after marriage. Please reach out to ASISTA if you have experiences that differ from the policies outlined by USCIS in these notes.

ASISTA Notes from USCIS HART Service Center Quarterly Engagement (Sept. 22, 2023)

On September 22, 2023, USCIS held an engagement to provide an update on the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center, which included a Q&A portion. These are ASISTA’s notes from that engagement.

ASISTA Q&A with USCIS Humanitarian Division (March 17, 2023)

In January, ASISTA presented a number of questions raised by practitioners to the USCIS Humanitarian Division. Here are their responses. We are reprinting this Q&A verbatim with permission from USCIS, which plans to also publish this information on their website in the near future. The first portion of the Q&A relates to issues in I-751 and VAWA processing, and the second relates to U and T visa processing. Please reach out to ASISTA if you have any questions or concerns about the below information, or have experiences that differ from the policies outlined by USCIS.

Annotated Notes and Practice Pointers: USCIS Teleconference on Notice to Appear (NTA) Updated Policy Guidance (December 5, 2018)

These annotated notes have been compiled by ASISTA, AILA and ILRC, commenting on the information shared by USCIS during the November 15, 2018 national stakeholder teleconference. We added practice pointers and clarification to USCIS responses.

2019 ASISTA Newsletters

ASISTA Newsletter April 2019

In this month's "newsletter" we share strategies for addressing and challenging the latest, myriad attacks on immigrant crime survivors seeking secure status and defending against deportation, including a new advocacy project we hope you will join. Come discuss these and other emerging hot topics at one of our Spring pre-conference all-day CLE trainings!

Analysis and Practice Pointers on VAWA Reauthorization Acts

VAWA 2013 and TVPRA: What Practitioners Need to Know

The Violence Against Women Act of 2013 (VAWA 2013), combined with the Trafficking Victims Protection Act (TVPRA), was signed into law on March 7, 2013. This document provides an overview of substantive changes and technical fixes to both the VAWA and the TVPRA as well as practice pointers for attorneys and advocates on how to work with these new changes, prepared by ASISTA staff.

Copyright @2013 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.

VAWA 2005 Analysis and Practice Pointers

Summary and practice pointers for the 2005 changes to VAWA, prepared by ASISTA staff. Special thank you to Evangelina Abriel and Susan Schreiber from CLINIC who contributed to the analysis.

Copyright @2005 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.

Annual Stakeholder Event Advisories

2018 Notes from National Stakeholder Engagement Updated Notice to Appear (NTA) Policy Guidance (September 27, 2018)

This advisory contains general information shared by USCIS staff during the September 27, 2018 national stakeholder call. We have added practice pointers and clarification where relevant.

2016 Notes and Practice Pointers from VAWA, U and T Visa Stakeholder Events, created by ASISTA and partner organizations.

This advisory contains general information shared by USCIS staff during multiple stakeholders events during this year, with added practice pointers and clarification where relevant. This advisory was authored by ASISTA Immigration Assistance, Immigration Center for Women and Children (ICWC), Immigration Legal Resource Center, Just Neighbors Ministry Inc., Sanctuary for Families, AILA VAWA, U and T Visa National Committee.

Copyright@2016 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.

2015 VSC Stakeholder Event Notes and Practice Pointers, created by ASISTA, AILA, and ICWC

This is a summary of the information shared during the Vermont Service Center (VSC) Stakeholder's meeting in Essex, Vermont on September 18, 2015.

Copyright@2015 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.

2014 VSC Stakeholder Event Notes and Practice Pointers, created by ASISTA and AILA

This is a summary of the information shared during the Vermont Service Center (VSC) Stakeholder's meeting in Essex, Vermont on October 24, 2014.

Copyright@2014 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.

2013 VSC Stakeholder Event Notes and Practice Pointers, created by ASISTA and AILA VAWA, U and T Visa Committee

This is a summary of the information shared during the Vermont Service Center (VSC) Stakeholder's meeting in St. Albans, VT on October 18, 2013.

2012 VSC Stakeholder Event Notes and Practice Pointers, created by ASISTA

This is a summary of the information shared during the Vermont Service Center (VSC) Stakeholder's teleconference on September 28, 2012. Appendix I to VSC Fall 2012 Teleconference: Expedite Criteria

Copyright@2012 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.

ASISTA Newsletters

ASISTA Newsletter Fall 2012

In this issue: Introduction and U visa basics.

ASISTA Newsletter August 2012: A Practice Guide for Representing Self-Petitioning Applicants With Criminal Convictions or Criminal History (Part 3 of 3)

In this issue: A practice guide for representing self-petitioning applicants with criminal convictions (Part 3 of 3).

ASISTA Newsletter July 2012: A Practice Guide for Representing Self-Petitioning Applicants With Criminal Convictions or Criminal History (Part 2 of 3)

In this issue: A practice guide for representing self-petitioning applicants with criminal convictions (Part 2 of 3).

ASISTA Newsletter June 2012: A Practice Guide for Representing Self-Petitioning Applicants With Criminal Convictions or Criminal History (Part 1 of 3)

In this issue: A practice guide for representing self-petitioning applicants with criminal convictions (Part 1 of 3).

ASISTA Newsletter December 2010

Focusing on final removal orders for U visa holders, this newsletter also describes several amicus briefs filed by the National Network to End Violence Against Immigrant Women which may be helpful in arguments for individuals cases and appeals.

Copyright @2010 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.

ASISTA Newsletter June 2010

The second of a two-part article on U visa applicants with criminal histories, this newsletter also contains two USCIS memos on the implementation of the Trafficking Victim Protection Reauthorization Act of 2008 and Extension of U Nonimmigrant Status for Derivative Family Members (through Form I-539).

ASISTA Newsletter May 2010

This edition of the ASISTA newsletter includes the first of a two-part article on U visa applicants with criminal histories by ASISTA consultants Annie Benson and Jonathan Moore of the Washington Defender's Immigration Project. This guide includes helpful practice pointers as well as an in-depth analysis of immigration law as it relates to potential criminal challenges to relief. In addition, we have included an annotated sample I-192 waiver of inadmissibility for a U visa applicant, and a brief advisory on expert affidavits.

ASISTA Newsletter February 2010

This newsletter shares an innovative approach to encouraging law enforcement certifications in your state. Our new FAQ column extracts and shares answers to interesting or persistent questions from our technical assistance archives. The new Update column features news on system memoranda, regulations, and decisions that may affect immigrant survivors of domestic violence, sexual assault, and trafficking.

ASISTA Newsletter Fall 2008: Sally Kinoshita's Article on Good Moral Character for VAWA Cases

ASISTA Newsletter Fall 2008, includes an article by Sally Kinoshita on good moral character, inadmissibility and the relationship between the two. This article provides an overview and practice pointers for self-petitioning and later adjustment of status to lawful permanent residence.

Copyright @2008 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.

ASISTA Newsletter Fall 2006: Sally Kinoshita's Article on Extreme Cruelty: What it is and How to Prove it

ASISTA Newsletter Fall 2006, includes an article by Sally Kinoshita on recognizing and proving extreme cruelty on VAWA self-petitions.

Copyright @2006 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.

ASISTA Newsletter December 2005: VAWA 2005 (HR 3402) President Bush Signed VAWA 2005 Into Law

Q&A from CIS

ASISTA's Notes from USCIS Q&A (June 2022)

This document contains ASISTA’s notes from the USCIS panel that took place during our virtual conference on June 8, 2022. These notes have not been reviewed by USCIS, and all content is paraphrased.

Unofficial Notes from USCIS Stakeholder Call on VAWA, U, and T Issues (May 8, 2023)

The American Immigration Lawyers Association (AILA) VAWA, U, and T National Committee coordinated a stakeholder meeting with USCIS on May 8, 2023. USCIS was represented by officials from the Office of Policy & Strategy, Service Center Operations, the Vermont Service Center, and the Public Engagement Division. These notes were compiled by VAWA, U, and T National Committee members and reflect USCIS responses to questions posed by the committee and partners. USCIS’s official responses to the questions submitted can be found in the Electronic Reading Room.

Annotated Notes: ASISTA and ILRC Webinar on Bona Fide Determination for U Nonimmigrant Status (August 18, 2021)

DHS Q&A from August 20, 2009

Advance questions/discussion topics for VSC meeting on August 20, 2009.

CIS Q&A from June 30, 2009

Q&A from June 30, 2009: Filing T, U, and VAWA Petitions with USCIS.

DHS Q&A from 2005

Questions for Q&A Panels with DHS on November 9 and 11, 2005 in Irvine, California. Panelists: George Murphy (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Michelle Young (CIS Vermont Service Center VAWA Supervisory Adjudicator), Karen Saunders (San Diego CBP Field Operations Supervisor), Dorothy Stefan (Seattle ICE Office Chief Counsel); Moderator: Ana Vallejo and Sally Kinoshita, ASISTA.

DHS Q&A from 2003

Questions for Q&A Panels with DHS 2003 with some notes on practice and advocacy from Gail Pendleton. Panelists: Laura Dawkins, Walter Laramie, and George Murphy; Moderator: Sally Kinoshita.