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On Monday, Oct. 28, AILA, ASISTA, and ICWC submitted a joint amicus brief to the US District Court for the Middle District of Florida, regarding the proper analysis USCIS should use to assess whether a crime underlying a U visa petition is “qualifying criminal activity.” The complainant in the case had been the victim of a strong arm robbery during which a felonious assault also occurred, but USCIS denied relief based on very narrow and stringent readings of the law. Drawing on a prior ASISTA brief, the amici argued for a more flexible category-based approach to the qualifying crime analysis and criticized the elements-only approach the agency typically employs. Should the lawsuit succeed, the way USCIS analyzes all U visa crimes could be improved and broadened so that more survivors can obtain the protections they need and deserve. Click here to access the Amicus Brief.
Here at ASISTA, we share your sadness, outrage, and deep concern about what the future holds. We have also been preparing for this possible outcome.
By Cristina Velez, Veronica Sainz, and Kirsten Rambo
This Practice Alert summarizes USCIS’s new extreme vetting policies, including broad adjudication holds, re-review of previously approved cases, and heightened discretionary scrutiny, and explains their serious implications for immigrant survivors seeking safety and stability. It also provides practical guidance for practitioners on preparing clients for the impact of these measures and on developing case strategies and potential legal challenges.
On January 23, 2026, the federal Trafficking Survivors’ Relief Act of 2026 (TSRA) became law. The TSRA provides a remedy for trafficking survivors to obtain relief from federal criminal records stemming directly from their exploitation. In enacting the TSRA, Congress acknowledged that trafficking survivors frequently acquire a criminal history as a result of their exploitation, which can be a barrier to employment, housing, education, and essential support services and make them more vulnerable to re-exploitation. This 2-pager describes the TSRA and its potential use by immigrant survivors of trafficking charged with or convicted of federal crimes.
Trying to help a trafficking survivor decide whether to file a T visa application? This practice advisory includes factors to consider and discuss with the client.
The age-in rule is a statutory provision designed to protect VAWA derivatives from losing eligibility when they turn 21. This written resource describes the age-in rule and provides practical tips for practitioners to harness its potential.