Practitioners have reported receiving RFEs and NOIDs in cases submitted with electronically reproduced signatures for original, wet ink signatures where USCIS has requested the original, wet ink signatures. This Practice Alert describes what USCIS’ current signature policy is and what options practitioners have in these cases.
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.
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.
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.
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.
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.
This checklist suggests documents that social workers and advocates working with immigrant survivors may wish to help the survivors to gather. They may become useful for pending or future immigration application. Most people will not have all of these, but if your client has them, see if you can help obtain a copy.
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.
FOR IMMEDIATE RELEASE: February 9, 2023
FOR IMMEDIATE RELEASE: January 18, 2023
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.
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 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.
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.
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 .
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 Gottlieb on behalf of DVP.
Over the last few week, there have been several updates that impact fee waiver practice. ASISTA has updated its fee rule advisory to provide additional background information and updates for agencies working with immigrant survivors and their families.
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 .
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.