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 July 2nd, ASISTA published our Federal Policy Update for June 2024, containing a summary of our federal policy activities over the last six months, including legislative and regulatory advocacy, stakeholder meeting notes, and some potential regulatory changes hopefully coming our way.
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.
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.
These four flowcharts were created by Esther Limb, Supervising Attorney at Her Justice, in connection with ASISTA’s March 2023 Virtual CLE Conference, “Everything You Ever Wanted to Know About Derivatives.” They are current as of March 2023.
FOR IMMEDIATE RELEASE: February 9, 2023
FOR IMMEDIATE RELEASE: January 18, 2023
The updated ASISTA’s Flyer has direct links to the orientation session recording and other service for OVW LAV grantees/sub-grantees and STOP sub-grantees.
Recommendations for Updates to the EOIR Immigration Court Practice Manual and Board of Immigration Appeals Practice Manual , were submitted on June 7, 2022, by the following organizations: ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Freedom Network USA, National Immigrant Women’s Advocacy Project (NIWAP), Ujima Inc., The National Center on Violence Against Women in the Black Community.
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.
Brief of Amici Curiae ASISTA Immigration Assistance, Asian Pacific Institute on Gender-Based Violence, Esperanza United, and Tahirih Justice Center in support of the BIA’s consideration of the impacts of domestic violence, sexual assault, human trafficking, or other forms of gender-based violence when determining whether to grant and untimely motion to reopen premised on a vacatur of a criminal conviction. Amici were represented pro bono by Alston & Bird.
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).
On October 18, 2021, ASISTA submitted a comment to DOS in response to a Request for Public Input identifying barriers that impede access to immigration benefits, fair and efficient adjudications of these benefits, and recommendations on how to remove these barriers. We focused our comment on the challenges immigrant survivors and their derivatives face when consular processing. Thank you to our members across the country for providing their insights on barriers at consular posts. ASISTA’s Comments to Docket Number DOS-2021-0017 can be viewed here .
Staring Monday, September 13, 2021 , the Tahirih Justice Center’s Afghan Asylum Project will provide information, referrals, and asylum legal screenings for Afghan citizens who recently arrived in the U.S. through our dedicated, toll-free Afghan Asylum Line. Trauma informed Tahirih staff will conduct legal intake with anyone presenting gender-based asylum claims for potential legal representation by Tahirih staff and Tahirih’s pro bono network. Our toll-free number will have Pashto and Dari interpreters available.
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.
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.
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.
On April 6, 2021, ASISTA hosted a listening session with USCIS representatives regarding recent trends and issues with fee waiver adjudications related to survivor-based protections including VAWA self-petitions, U and T visa relief. The notes from that listening session can be found below.
U.S. Citizenship Act of 2021 & Its Impact on Survivors: On Thursday, February 18, 2021 the U.S. Citizenship Act of 2021 was introduced in the House by Representative Linda Sánchez and in the Senate by Senator Bob Menendez.