ASISTA

ASISTA Practice Alert: USCIS Extreme Vetting Policies and Their Implication for Immigrant Survivors (Dec. 12, 2025)

Fri, 12 Dec 2025 06:44:12 GMT

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.

ASISTA Practice Alert: Impact of HR-1 on Trafficking Survivors (Oct. 1, 2025)

Fri, 12 Dec 2025 06:41:04 GMT

On July 4, 2025, President Trump signed HR-1, the “One Big Beautiful Bill Act” (OBBBA), which significantly impacts immigrant survivors of human trafficking. The law imposes new filing fees for immigration benefits, motions, and appeals before USCIS and EOIR, establishes additional financial penalties for certain immigration violations, and eliminates eligibility for a range of federal public benefits for many immigrants who were previously considered “qualified,” including trafficking survivors. This Practice Alert reviews these fee and penalty changes, explains the new restrictions on public benefits, and outlines the impact on trafficking survivors seeking T visas and other forms of humanitarian relief, offering guidance for practitioners on how to mitigate the law’s potential harms.

Amicus Briefs on Birthright Citizenship Executive Order (Spring 2025)

Wed, 11 Jun 2025 18:32:00 GMT

In May and June 2025, ASISTA joined partners at Boston College School of Law, Harbor COV, and Tahirih to submit an amicus briefs to the First and Fourth Circuit Courts of Appeals in cases challenging the executive order on birthright citizenship. ASISTA and partners highlighted the importance of maintaining a preliminary injunction against implementing the order. If the order were implemented, many immigrant mothers of U.S.-born children would only be able to prove their child’s citizenship by submitting documentation about the child’s father’s immigration status. For survivors of intimate partner violence, just knowing the need for this documentation could make it difficult or impossible to leave the abusive relationship. For survivors of sexual assault or trafficking, contacting the perpetrator for the paperwork could put them and their families in immediate physical danger. Using real-life examples, the brief illustrates the stakes if immigrant parents were forced to choose between maintaining their safety and establishing their children’s rights. It urges the court not let this become reality. Read the First Circuit Brief, Doe v. Trump , here ; read the Fourth Circuit Brief, Casa, Inc., et al. v. Trump , here .

Alien Enemies Act Alert (May 29, 2025)

Fri, 30 May 2025 14:59:00 GMT

On March 14, 2025, President Trump attempted to invoke the Alien Enemies Act of 1798 to justify carrying out deportations without the due process of immigration proceedings. Since then, multiple federal courts have ruled the invocation was unlawful, but the government continues to fight for its usage, including before the U.S. Supreme Court. On May 16, 2025, the Supreme Court maintained a temporary prohibition on the deportations planned in Texas and sent the issue back to the lower courts. ASISTA celebrates the positive rulings but notes with condemnation that the push against them is ongoing. Check ASISTA’s alert: The Fight to Protect Survivors from the Alien Enemies Act Continue.

ASISTA Practice Alert: USCIS Wet Ink Signature RFEs & NOIDs (April 24, 2025)

Mon, 28 Apr 2025 16:03:00 GMT

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 FY2023 990

Wed, 09 Apr 2025 11:24:00 GMT

For more information on our mission, programs, and finances, here is ASISTA’s most recent year 990 . ASISTA’s fiscal year is July 1 to June 30.

ASISTA Practice Alert: VAWA Self-Petitioner Interviews at USCIS Field Offices (Feb. 17, 2025)

Wed, 19 Mar 2025 15:41:00 GMT

This Practice Alert will review the information provided by USCIS about the commencement of these interviews and their response to advocacy. ASISTA urges practitioners to report their experiences with this process in our survey . We also urge practitioners to zealously advocate for their clients who may be experiencing stress and confusion leading up to these interviews, and to educate USCIS Field Officers on the special considerations owed to VAWA self-petitioners.

ASISTA New Resource: Know Your VAWA Options: Self-Petition Compared with “Special Rule” Cancellation of Removal (Feb. 2025)

Tue, 04 Mar 2025 21:15:00 GMT

Effectively representing a survivor of domestic violence requires understanding ALL immigration options they may be able to pursue. This chart provides an at-a-glance review of the requirements for VAWA Self-Petitions and VAWA Cancellation of Removal. It also highlights situations where one may be better than the other for certain survivors, though some survivors may be eligible for both.

VAWA, U and T visa programs have NOT been terminated!

Tue, 11 Feb 2025 00:31:00 GMT

ALERT : Despite misinformation out there, VAWA, U and T visa programs have NOT been cancelled or terminated! These bipartisan protections were created by Congress and the Administration cannot unilaterally take them away. While there is news that ICE has changed its guidance on enforcement actions related to potential or actual beneficiaries of victim-based benefits, we want to be VERY clear that the VAWA, U and T visa programs have NOT been cancelled or terminated. Please consult with a trusted immigration attorney in your area with any questions. You can find a qualified immigration attorney at the National Immigration Legal Services Directory .

Enforcement Actions in or Near Protected Areas (January 20, 2025)

Wed, 29 Jan 2025 17:58:00 GMT

This me morandum addresses Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near areas that the Department of Homeland Security (DHS) previously determined require special protection. It is effective immediately. This memorandum supersedes and rescinds Alejandro Mayorkas’s October 27, 2021 memorandum entitled, Guidelines for Enforcement Actions in or Near Protected Areas.

Letter to USCIS re VAWA SP Interview (Dec. 3, 2024)

Thu, 05 Dec 2024 19:55:00 GMT

On December 3, ASISTA submitted a letter with recommendations to USCIS regarding the commencement of VAWA Self-Petitioner interviews at local USCIS Field Offices, on behalf of the Alliance for Immigrant Survivors and over 20 national and state/local organizations working with immigrant survivors of domestic violence. ASISTA is grateful to all of the members who collaborated on these recommendations, and the national and state DV coalitions that joined us in solidarity despite the fast turnaround. Click here to access the letter.

ASISTA Job Opportunities

Thu, 21 Nov 2024 02:28:00 GMT

Position: Development & Communications Manager (Part-Time, 15 hours/week). Application due date: Accepting applications now; position is open until filled. Click here to learn more!

Position: Finance & Operations Manager (Part-Time, 20 hours/week) Application due date: Accepting applications now; position is open until filled. Click here to learn more!

ASISTA, AILA, & ICWC Amicus Brief 2024: Proper Analysis for ‘Qualifying Criminal Activity’

Mon, 18 Nov 2024 18:19:00 GMT

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.

We Are Here—And We Are Not Backing Down

Wed, 06 Nov 2024 23:28:00 GMT

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.

While we process the elections results and continue to strategize, here are some things we know for sure:

Alongside you and many across the country, we are continuing to breathe deep and dig deep. We are steadfast in pursuit of our vision that immigrants live in a just world free from violence. We encourage you to rest and take care of yourselves and each other, which we are striving to do as well. We’re in this for the long haul…. and we hope that you are too.

In the days ahead, we will continue to share guidance about the best ways to advance the rights of immigrant survivors in this shifting landscape. As political realities continue to unfold in the days and weeks ahead… we at ASISTA are here, standing with immigrant survivors–and grateful that you are by our side.

In solidarity,

Kirsten Rambo & the ASISTA Team

Immigrant survivors have the right to apply for protections enshrined in our immigration laws, VAWA, and the TVPA, despite the avowed intention of the incoming administration to reduce or eliminate those forms of relief.
Our unwavering commitment to equity, justice, and dignity for all people is only strengthened by this setback. We are more dedicated than ever to fighting for safety and justice for immigrant survivors.
We exist in community with you, our members, our supporters, and all of our partners, and we are committed to supporting this community in the days to come. We are grateful for you: for all that you do for immigrant survivors and for always standing with us.
We have faced attacks on the rights of survivors before, and we have staunchly defended immigrant survivors’ rights to safety and justice without interference.
Our resolve is strong, and we will continue to fight on behalf of immigrant survivors–because the stakes are high, because people are counting on us, because it’s the right thing to do, and because we are ASISTA.
Immigrant survivors of violence need all of our support now, more than ever.

As VAWA Turns 30, Dangerous Political Rhetoric Continues to Threaten Immigrant Survivors

Fri, 01 Nov 2024 14:44:00 GMT

By Cristina Velez, Veronica Sainz, and Kirsten Rambo

Thirty years ago, the landmark Violence Against Women Act was signed into law, marking a giant leap forward in the struggle to end gender-based violence (GBV). Today, as we celebrate this milestone anniversary, we do so in the midst of an election season unfortunately marked by dangerous rhetoric that reminds us just how much further we must go to achieve racial and gender justice. For many, including immigrant survivors of GBV, these tired tropes are far more than just words: they have real and dangerous consequences.

Retrograde narratives about gender, race, and immigrants portend failed policies that deepen inequalities. Back in 1992, Los Angeles police officers were acquitted for the infamous beating of Rodney King. In what came to be known as “ the Murphy Brown speech ,” then-Vice President Dan Quayle attributed the resulting civil unrest not to a sense of collective outrage and despair borne of centuries of racial violence and injustice–but to the breakdown of the traditional family structure and the “narcotic of welfare.” He ended his speech by railing against the depiction of a single working woman’s choice to become a mother, in the popular television show “Murphy Brown.” In the years that followed, during the Clinton administration, sweeping rewrites of welfare, criminal, and immigration laws ushered in a long period of backlash against America’s changing demographics, leading to our current broken systems of care and accountability.

Sadly, current Republican Vice-Presidential nominee J.D. Vance’s past comments echo those of Quayle. In public statements from 2021, Mr. Vance complained that the nation’s problems stemmed from a proliferation of “ childless cat-ladies ;” referred to unwanted pregnancies resulting from rape or incest as “ inconveniences ;” and suggested that children benefit when parents remain in unhappy, even violent, marriages . Through such statements as well as his policy preferences, Mr. Vance makes it clear that he idealizes childbearing within heterosexual marriage–no matter the danger–as the solution to various social and economic ills, while degrading and punishing other types of households and families.

We know, however, that benefits predicated on marriage only deepen the isolation of survivors and trap them in violent homes. This recognition, in fact, was the root of the landmark, bipartisan VAWA legislation and later, the development of the U nonimmigrant visa. Researchers have found that a decline in the marriage rate, better access to services for survivors, and improvements in the economic status of women have actually contributed to a decline in the national rate of nonfatal domestic violence.

Facts like these appear to matter little to those pushing narratives that seek to degrade and dehumanize. Racist, xenophobic, and misogynist messaging may be heightened during election season, as candidates seek to mobilize votes by whipping up fear of fabricated scapegoats and bogeymen. The consequences can be profound, threatening immigrant survivors’ safety and very existence in this country. During the prior administration, vicious anti-immigrant rhetoric coupled with increased and arbitrary enforcement had palpable consequences, causing immigrant survivors to fear coming forward to report violence against them and obtain services that could have helped them to get safe. In recent weeks, the town of Springfield, Ohio has been harmed by the knowingly false allegations of the Republican presidential and vice-presidential candidates that Haitian immigrants in that community were eating the pets of their neighbors. Absurd? Of course. But the words have remarkable power nonetheless, and have led to bomb threats that resulted in the closure of schools and city buildings and the canceling of public events . Words were enough to disrupt an entire city, and cause the local Haitian community to consider leaving despite their legal, protected status. When a comedian at Trump’s recent Madison Square Garden rally referred to Puerto Rico as “a floating island of garbage,” his words undermined the worth of an entire community. Other rally speakers went on to repeat harmful stereotypes about Black, Latino, Jewish, and Palestinian people, perpetuating misunderstanding and fear of others. At the same time, vulgar social media posts sexualizing Vice President Harris and former Secretary of State Hillary Clinton have become a popular tool of their political opponents, in an attempt to deny these women their dignity and accomplishments.

As hateful, fear-mongering rhetoric continues to ramp up this election season, consider the impact of these words on immigrant survivors of GBV. Through media feeds and informal networks, the echoes of these attacks reverberate loudly with immigrant survivors, who are reminded regularly that their safety in this country is far from guaranteed, and may well wonder: If this is how they treat people with status and power, what will they do to us? At ASISTA, we celebrate the tremendous, lifesaving impact of VAWA, and we recommit ourselves to the challenge of ensuring that immigrant survivors find safety and justice in this country, rather than cowardly, dangerous rhetoric that demeans us all.

Top Ten Things Domestic Violence/Sexual Assault Advocates Should Know About Immigrant Survivors

Thu, 26 Sep 2024 21:37:00 GMT

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.

(Original, Dec. 2023; Re-designed: Sept. 2024)

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.

T visa rule changes could help survivors of human trafficking seeking immigration status

Mon, 16 Sep 2024 13:54:00 GMT

On Wed., Sep. 11, the Arizona Capitol Times published an article describing the recent changes to regulations on T visas for human trafficking survivors, for which ASISTA attorney Rebecca Eissenova was interviewed. “Our organization very much applauds USCIS for doing this because it provides durability and predictability for survivors in the face of any kind of changing political winds, which is important to anybody, but especially important for survivors who have had a lot of instability in their lives,” Eissenova said. Read the full article here

ASISTA Speaks With Voz De America about New Parole in Place Program

Sat, 14 Sep 2024 12:55:00 GMT

On August 26th, ASISTA Staff Attorney Lia Ocasio spoke with Voz De America about the controversy on the New Parole in Place Program which is meant to provide Immigration Relief for US spouses. Click here to view.

Register Now for our Upcoming Events!

Thu, 12 Sep 2024 17:33:00 GMT

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

Wed, 04 Sep 2024 17:07:00 GMT

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 Welcomes New Board Members

Thu, 29 Aug 2024 20:05:00 GMT

ASISTA Immigration Assistance is pleased to announce the addition of two new members to its Board of Directors: Ms. Salima Dembri and Ms. Sheelu Verma. Learn more about our newest board members in our press release here .

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

Thu, 29 Aug 2024 14:04:00 GMT

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 Practice Alert: New DOJ Regs. and Immigrant Survivors (Aug. 19, 2024)

Tue, 20 Aug 2024 14:40:00 GMT

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)

Wed, 14 Aug 2024 14:28:00 GMT

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 Federal Policy Update (June 2024)

Wed, 24 Jul 2024 21:28:00 GMT

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.

Amicus brief in Bouarfa v. Mayorkas (Supreme Court, July 2024), on importance of judicial review for survivor-based relief revocations

Fri, 19 Jul 2024 15:10:00 GMT

In July 2024, ASISTA and partners joined an amicus brief to the Supreme Court in the case of Bouarfa v. Mayorkas. The case centers on the judicial reviewability of DHS’s revocation authority in the family-based immigration context, and the brief aims to highlight how any decision on such reviewability could also impact justice for survivors who are seeking or were granted U, T, or VAWA-based relief. Click here access the amicus brief. Bouarfa v. Mayorkas

LGBTQ+ Immigrant Survivors at Greater Risk

Fri, 28 Jun 2024 01:32:00 GMT

LGBTQ+ Immigrant Survivors at Greater Risk

At ASISTA, we see all too often how LGBTQ+ immigrant survivors of violence are subject to increased vulnerability on the path to safety and justice in the US. Homophobia and transphobia, whether “casual” or institutionalized, result in additional barriers to services, decreased access to justice, and a greater risk of experiencing violence for already-traumatized immigrant survivors. Now, a powerful new report just released by Immigration Equality, the National Immigrant Justice Center (NIJC), and Human Rights First (HRF) details grossly unjust conditions with CBP and ICE detention for LGBTQ and HIV-positive people. According to the report, " No Human Being Should Be Held Here”: The Mistreatment of LGBTQ and HIV-Positive People in Federal Immigration Jails " , these conditions routinely include high rates of physical and sexual violence, improper and prolonged solitary confinement, and inadequate medical care.” For survivors of gender-based violence (GBV), experiencing detention and otherwise navigating the US’s byzantine immigration system while also enduring heightened risks of discrimination, abuse, and neglect based on sexual orientation and/or gender identity only further compound existing trauma.

As June draws to a close and many corporations prepare to shelve their rainbow flags and themed merchandise until next year’s Pride celebration, we urge our community to honor Pride’s multiple meanings. The celebration that Pride represents–of strength, resistance, resilience, and the hard-fought gains toward a more just world for people of all genders and sexual orientations–is undeniably valuable. But headlines from around the country and around the world regularly remind us that these battles are far from over–and that Pride also represents an urgent, unrelenting call for safety and justice for LGBTQ+ people. As hateful rhetoric and attacks against immigrants and LGBTQ+ individuals continue to mount, we thank you for joining us in the ongoing fight for dignity, rights, and liberty for LGBTQ+ immigrant survivors of violence.

ASISTA Welcomes New Board Member Valarie Williams

Tue, 25 Jun 2024 21:37:00 GMT

FOR IMMEDIATE RELEASE: June 25, 2024

Contact: Kirsten Rambo, kirsten@asistahelp.org

ASISTA Welcomes New Board Member Valarie Williams!

ASISTA Immigration Assistance is pleased to announce the addition of Valarie Williams to its Board of Directors. Learn more about our newest board member in our press release here .

ASISTA Denounces President Biden’s Dangerous Border Proclamation

Wed, 05 Jun 2024 01:46:00 GMT

ASISTA Denounces President Biden’s Dangerous Border Proclamation

Today, President Biden issued a proclamation to “secure the border” between the US and Mexico, to take effect at midnight tonight. This action, unfortunately, will accomplish just the opposite, sowing chaos and further compounding the trauma of those who arrive here urgently seeking safety. Deterrence policies like these have resoundingly failed at their stated aims , and this proclamation will have devastating effects.

Survivors of violence and their children—who have been traumatized in their home country and, often, on the perilous journey to the US as well—will suffer particular harm as a result of this policy, in direct contradiction to President Biden’s frequently stated concern for victims of violence. A notably cruel feature of this new policy provides that only those who affirmatively express their fear of torture or persecution or desire to apply for asylum will be provided the opportunity to apply. The countless traumatized individuals who do not know to announce their fear immediately, without ever being asked, will be turned away to face additional danger. Historically marginalized and under-resourced communities and people, including survivors of color and LGBTQI+ survivors, always bear these life-threatening burdens disproportionately, and this time will be no different.

The proclamation outlines a set of draconian measures that are triggered by a numerical cap of individuals seeking to enter the US. Intentionally choosing a cap that is well below current numbers of arriving migrants—and an even lower numerical threshold to pause the order—ensures that thousands of arriving migrants will be turned away. In the meantime, numbers of those awaiting entry will rise, while access to safety and basic services for those waiting become increasingly, and dangerously, out of reach.

There are orderly ways to welcome new arrivals and assess their needs. By choosing instead to turn traumatized people away, denying them their human right to seek safety here, this administration chooses further harm to those most in need of critical protection. We urge the administration to reverse course immediately and instead invest in more effectively receiving and processing the cases of people seeking asylum.

Kirsten Rambo, Executive Director of ASISTA, notes, “Every person deserves safety and dignity, no matter where we are born. While this administration tragically mimics the cruel and ineffective policies of the prior one, we at ASISTA will continue pushing relentlessly for policies that advance the dignity, safety, and justice that survivors of gender-based violence and their children deserve.”

Established in 2008, ASISTA is a national leader in the movement for safety and justice for immigrant survivors of gender-based violence. ASISTA’s founders helped write the immigration provisions of the federal Violence Against Women Act (VAWA) and Victims of Trafficking and Violence Prevention Act (TVPA), affording legal status to hundreds of thousands of survivors and their children since 1994. With over 2,500 members nationwide, ASISTA’s work is focused on 1) providing expert case consultation, training, and resources to attorneys and advocates navigating the complex immigration system on behalf of survivors of gender-based violence, including intervening in specific cases as needed; 2) pushing for federal, state and local policies that ensure safety and justice for immigrant survivors; and 3) coordinating lawsuits to prevent the government from unfairly deporting survivors of violence. To learn more about ASISTA’s work, click here . Follow us on LinkedIn , Facebook , X , & Instagram .

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Press Release: ASISTA Welcomes New Board Member Dr. Ulrike Buchwald

Wed, 15 May 2024 23:07:00 GMT

FOR IMMEDIATE RELEASE: May 15, 2024

Contact: Kirsten Rambo, kirsten@asistahelp.org

ASISTA Welcomes New Board Member Ulrike Buchwald

ASISTA Immigration Assistance is pleased to announce the addition of Dr. Ulrike Buchwald to its Board of Directors. Learn more about our newest board member in our press release he re .

Request for USCIS to Accept Prior Edition of I-918 Forms Through March 31, 2025 (April 18, 2024)

Tue, 30 Apr 2024 16:53:00 GMT

In conjunction with the new fee rule that went into effect on April 1, 2024, USCIS updated immigration forms, including the I-918 and related forms. Starting June 3, 2024, USCIS will only accept the new version of the form. This short grace period will create significant hardships and hurdles for those who have sought or obtained signed certifications on the previous version of the form.

On April 18, 2024, ILRC, ASISTA, AILA, and ICWC sent a letter to USCIS , requesting that USCIS extend the grace period and accept the current version of the form through the end of March 2025. We will update the field with any response we receive from USCIS.

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

Thu, 04 Apr 2024 19:04:00 GMT

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)

Tue, 26 Mar 2024 16:48:00 GMT

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

Thu, 15 Feb 2024 17:40:00 GMT

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.

ASISTA Celebrates USCIS Fee Schedule Rule as Victory for Immigrant Survivors of Violence

Fri, 09 Feb 2024 21:54:00 GMT

Dear Members,

On January 31, 2024, USCIS published its Final Rule Adjusting the USCIS Fee Schedule . The new regulation, which goes into effect on April 1, 2024, is a significant victory for immigrants applying for survivor-based benefits. ASISTA and our partners pushed for the rule to be as expansive as possible in its humanitarian fee exemptions, as part of our ongoing advocacy for improved safety, stability, and legal access for immigrant survivors. We applaud USCIS and DHS for hearing us and recognizing that survivors often experience extreme economic difficulties that should not prevent their access to justice. This final rule takes an important step by codifying and expanding fee exemptions for survivors and other vulnerable groups, ensuring that cost is not a barrier in the pursuit of lawful status.

We encourage attorneys to take the time to review the final rule to understand how it will benefit their clients, and consider participating in the USCIS National Engagement on the rule , happening Feb. 22, 2024. Here are some of the important changes that will impact immigrant survivors applying for benefits:

Immigrant survivors of violence will benefit enormously

from ample exemptions to USCIS filing fees.

The final rule codifies fee exemptions for most humanitarian-related forms of relief and provides additional fee exemptions for certain immigration benefit requests beyond the initial humanitarian related filing . These exemptions are true exemptions and do not require submission of a fee waiver request. For example, under the new rule, all forms associated with an application for T nonimmigrant status, including Form I-192 waiver applications and Form I-765 work permit applications, are fee-exempt through final adjudication of the Form I-485. Other applicants who will benefit similarly include VAWA self-petitioners and their derivatives, U-visa applicants, Special Immigrant Juveniles, conditional residents applying for a waiver of Form I-751 based on battery or extreme cruelty, Special Immigrant Afghan or Iraqi Interpreters or Translators and other vulnerable applicants. Practitioners can find the complete list of the recently codified additional fee exemptions in the final rule in Table 5C here .

New, higher fees may still impact survivors

who apply for non-survivor-based immigration benefits.

Survivors pursuing a non-survivor-based immigration option that will not be fee-exempt should be advised that the new rule may increase the cost of that application. Such applicants may choose to file before the rule takes effect or prepare for the additional expense if they must file after April 1, 2024. Practitioners should be aware of the following notable changes in the final rule:

Many forms will be revised and prior editions

should not be used after April 1, 2024.

The FAQ featured on the USCIS website lists the revised forms that will go into effect on April 1, 2024, along with the new fees. USCIS will accept prior editions of most forms during a grace period from April 1, 2024 to June 3, 2024, as long as they were filed with the correct updated fee. Please note that certain forms related to non-immigrant and immigrant workers as well as orphan petitions will not be granted a grace period.

Celebrate but stay informed!

ASISTA and our partners fought hard for the new rule to acknowledge and alleviate the special financial stressors that exist for survivors. We are extremely pleased with the decision to have the final rule exempt the full suite of U, T, and VAWA-related applications in particular. We will continue to monitor USCIS as it transitions to the final rule in the coming weeks and months. We hope you will help by drawing our attention to any areas of concern in implementation. As with any advocacy efforts, it is critical to stay informed and proactive about adapting to changes. We appreciate your continued commitment to advocating for immigrant survivors and we at ASISTA remain steadfast in our support of your valuable work.

Warm regards,

Kirsten Rambo, Cristina Velez & the ASISTA Team

Applications for naturalization, even if filed by survivors, are not fee-exempt, but will have expanded fee reduction options.
Benefit requests submitted electronically will save $50.
Fee waivers will continue to be available for many applicants who do not qualify for an exemption, but receive mean-tested public benefits, have income at or below 150% of the Federal Poverty Guidelines or who demonstrate financial hardship.

Press Release: ASISTA Urges Senators to Reject Border Deal that Exposes Immigrant Survivors to Further Trauma, Hardship, and Violence (February 6, 2024)

Tue, 06 Feb 2024 22:49:00 GMT

FOR IMMEDIATE RELEASE: February 6, 2024

Contact: Cristina Velez, cristina@asistahelp.org

ASISTA Urges Senators to Reject Border Deal that Exposes Immigrant Survivors to Further Trauma, Hardship, and Violence

After months of opaque negotiations, a small group of senators released a bill on Sunday, February 4, 2024 that would eviscerate access to asylum, create a dangerous new statutory authority to expel asylum-seekers from the United States, expand detention, and limit review of decisions. The bill includes some positive changes, such as protections for Afghan arrivals and increased funding for representation and resettlement. If passed, however, this legislation would condemn immigrant survivors fleeing gender-based violence to further harm, trauma, and potentially death. ASISTA urges the Senate and White House to immediately reverse course and reject this harmful bill.

ASISTA is deeply concerned by several of the bill’s provisions that would curtail the rights of immigrant survivors seeking asylum. First, the bill’s new fast-track asylum process, which contemplates an asylum decision within 90 days of arrival in the United States, sets immigrant survivors up to fail. No asylum seeker should be rushed through the dizzyingly complex U.S. asylum system, particularly as it is widely known that trauma impairs the ability of survivors to tell a linear story under the immense pressure of a formal proceeding. Immigrant survivors need support to heal and to find safe shelter, food, clothing, and medical treatment for themselves and their children. They need access to trauma-informed and language-accessible mental health professionals and legal representatives. Although the bill includes increased funding for representation of unaccompanied minors and persons deemed not competent, the vast majority of immigrant survivors would be left out in the cold.

We also strongly oppose the bill’s expansion of detention and surveillance of asylum seekers. Both of these provisions would expose immigrant survivors to additional harms and inhibit their ability to access confidential, community-based services. Such intrusive monitoring is stigmatizing, and would be highly re-traumatizing to immigrant survivors who have had their movements tracked by abusers, or who have suffered surveillance by the government in their country of origin because of their religion, political views, or LGBTQ+ identity. Moreover, under this bill, immigrant survivors facing life-or-death situations would have fewer appellate protections than plaintiffs in small claims court. This is also unacceptable. The bill provides virtually no time to file appeals. Even for those few who could file timely appeals, in all but the most extraordinary cases, the only review available is by an appellate panel of three more asylum officers. ASISTA opposes the virtually unchecked discretionary authority and evisceration of judicial review contemplated by this bill.

Kirsten Rambo, Executive Director of ASISTA, states,

“ASISTA stands with immigrant survivors of gender-based violence by opposing this legislation. The restrictions on asylum contained in this bill leave immigrant survivors more vulnerable to violence, and separated from the trauma-informed, community-based supports and representation that are crucial to healing and the ability to present claims for much-needed relief. Despite some of the positive aspects of the bill, we oppose any deal that leaves immigrant survivors suffering, isolated, and at greater risk of further harm.”

ASISTA urges its members, partners, and everyone who cares about survivors to join us and countless other immigrant rights organizations in moving swiftly to oppose this bill.

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Claim Your 2024 Badge: I Stand With Immigrant Survivors! (January 31, 2024)

Wed, 31 Jan 2024 21:06:00 GMT

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

Thu, 25 Jan 2024 23:34:00 GMT

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.

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.

ASISTA Federal Policy Update (December 2023)

Fri, 22 Dec 2023 18:40:00 GMT

On December 22, 2023, ASISTA published an update of our federal policy activities from October to December of 2023 , including legislative advocacy, stakeholder meetings and advocacy letters, submitted comments, and provided notification of upcoming deadlines for comments to form revisions, and an update regarding the final and proposed regulations for survivor-based relief expected in early 2024.

ASISTA I-485 Comment (11/7/2023)

Thu, 21 Dec 2023 16:22:00 GMT

On September 8, 2023, USCIS published a revision of Form I-485 Application to Register Permanent Residence or Adjust Status greatly expanding the number and type of questions for applicants to complete. On November 7, 2023, ASISTA submitted a comment emphasizing the impact of these form changes on beneficiaries of survivor-based relief.

Checklist: Initial Documents Immigrant Survivors May Need (Nov. 2023)

Thu, 16 Nov 2023 14:40:00 GMT

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.

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.

Press Release: ASISTA Welcomes New Board Members

Mon, 30 Oct 2023 17:36:00 GMT

FOR IMMEDIATE RELEASE: October 30 , 2023

Contact: Kirsten Rambo, kirsten@asistahelp.org

ASISTA Welcomes New Board Members

ASISTA Immigration Assistance is pleased to announce the addition of two new members to its Board of Directors: Melissa Desgrottes and Derek Foran. Learn more about our new board members in our press release here .

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

Tue, 10 Oct 2023 19:59:00 GMT

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.

New York Times Bestselling Memoirist Javier Zamora & Award-Winning Journalist Amy Goodman to Speak at ASISTA’s 15-Year Anniversary Celebration

Fri, 29 Sep 2023 02:05:00 GMT

New York Times Bestselling Memoirist Javier Zamora & Award-Winning Journalist Amy Goodman of Democracy Now! to Speak at ASISTA’s 15-Year Anniversary Celebration

Join us on October 18th for our online celebration, Honoring our Past, Igniting our Future , to hear these two internationally-recognized luminaries share their wisdom and experience, inspiring us all in the fight for safety, justice, and dignity for immigrant survivors and their families.

Javier Zamora

Javier Zamora was born in La Herradura, El Salvador in 1990. When he was a year old, his father fled El Salvador due to the US-funded Salvadoran Civil War (1980-1992). His mother followed her husband’s footsteps in 1995 when Javier was about to turn five. Zamora was left at the care of his grandparents who helped raise him until he migrated to the US when he was nine. His first poetry collection, Unaccompanied , explores some of these themes.

In his debut New York Times bestselling memoir, SOLITO , Javier retells his nine-week odyssey across Guatemala, Mexico, and eventually through the Sonoran Desert.

Amy Goodman

Amy Goodman is the host and executive producer of Democracy Now! , a national, daily, independent, award-winning news program airing on over 1,400 public television and radio stations worldwide.

The Nieman Foundation for Journalism at Harvard honored Goodman with the 2014 I.F. Stone Medal for Journalistic Independence Lifetime Achievement Award. She is also the first journalist to receive the Right Livelihood Award, widely known as the ‘Alternative Nobel Prize’ for “developing an innovative model of truly independent grassroots political journalism that brings to millions of people the alternative voices that are often excluded by the mainstream media.” She is the first co-recipient of the Park Center for Independent Media’s Izzy Award, named for the great muckraking journalist I.F. Stone, and was later selected for induction into the Park Center’s I.F. Stone Hall of Fame. The Independent of London called Amy Goodman and Democracy Now! “an inspiration.” Goodman has co-authored six New York Times bestsellers. Her latest, Democracy Now!: Twenty Years Covering the Movements Changing America , looks back over the past two decades of Democracy Now! and the powerful movements and charismatic leaders who are re-shaping our world.

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

Thu, 28 Sep 2023 15:46:00 GMT

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.

Press Release: Advocates for Immigrant Survivors of Violence Urge Governor Hochul to Sign Fair Courts for Immigrant New Yorkers Bill Into Law

Mon, 21 Aug 2023 10:00:00 GMT

FOR IMMEDIATE RELEASE: August 21, 2023

Contact:

Cristina Velez, cristina@asistahelp.org

Yasmine Farhang, yasmine@immdefense.org

Advocates for Immigrant Survivors of Violence Urge Governor Hochul to Sign Fair Courts for Immigrant New Yorkers Bill Into Law

ALBANY, N.Y. — Over two dozen national and New York-based advocates for immigrant survivors of violence today called on Governor Hochul to sign the Fair Courts for Immigrant New Yorkers Act into law to offer critical protections for immigrant survivors of gender based violence in the criminal legal system. The bill is sponsored by Senator Kavanagh and Assemblymember Cruz.

Twenty-eight national and New York-based legal and community-based organizations working with and addressing the needs of immigrant victims and survivors of crime, domestic violence, sexual assault, human trafficking, forced marriage, and child abuse have signed a letter to the governor urging her to sign the bill into law.

In June the legislature passed the bill, which would ensure that immigrant New Yorkers facing criminal charges get a clear notification that there could be harsh immigration consequences and be alerted to get the advice they are constitutionally entitled to from their attorneys.

“As part of the cycle of violence and abuse, survivors often experience arrest, prosecution, conviction, and incarceration,” the groups said in their letter to the governor. “The criminal legal system is … especially stressful for survivors of violence who may be considering the potential of continued violence from their abuser, adding to the pressure to accept a plea to end the process. We are concerned that without a complete understanding of immigration consequences, survivors may unnecessarily accept pleas that are severe and life-changing.” The groups conclude that “it is absolutely vital for immigrant survivors to receive proper notification of potential immigration consequences from the criminal court, and are prompted to seek accurate and clear advice from their counsel to make informed decisions.“

ASISTA Immigration Assistance , the Immigrant Defense Project, and other legal advocacy organizations, and community-based organizations alike have been united in condemning the veto last year and urging Governor Hochul to sign it . The bill makes critical protections meaningful for all immigrant New Yorkers and creates accountability mechanisms where immigrants’ rights are violated.

QUOTES FROM SIGNATORIES:

“In recent years, the Department of Homeland Security has taken an increasingly harsh approach to immigrants with even minor criminal histories,” notes ASISTA’s Legal & Policy Director, Cristina Velez . “Many criminalized survivors experience arrest and conviction as an outcome of trauma flowing from abuse, including isolation from resources and information about their options. We at ASISTA are proud to support the Fair Courts for Immigrant New Yorkers bill now on Gov. Hochul’s desk, and hope that it will help immigrant survivors facing convictions to achieve the safety and stability promised by survivor-based remedies.”

“It is unfathomable that defendants are currently agreeing to plead guilty to minor criminal offenses without receiving a proper notification from the court that could lead to their deportation or inability to obtain citizenship,” said Joan Gerhardt, Director of Public Policy and Advocacy of the New York State Coalition Against Domestic Violence. “NYSCADV strongly supports the rights of all individuals participating in New York’s court system to have a thorough understanding of their rights and the consequences of pleading guilty. We thank Assemblymember Cruz and Senator Kavanagh for introducing this critical bill, and urge Governor Hochul to sign it into law as soon as possible.”

“As the nation’s largest non-profit victim assistance organization, we strongly support legislation to ensure Fair Courts for Immigrant New Yorkers,” said Jimmy Meagher, Policy Director at Safe Horizon . “Our Immigration Law Project and Anti-Trafficking Program provide legal assistance and support to undocumented and immigrant survivors of violence and abuse. Our staff attorneys and social workers witness up close the consequences and costs for immigrant survivors of receiving misleading or incorrect information about plea deals from the courts. Immigrant defendants, including criminalized survivors, have the right to know the potential risks of pleading guilty to even minor offenses. We applaud the bill’s sponsors – Assembly Member Catalina Cruz and State Senator Brian Kavanagh – for their leadership, and we urge Governor Kathy Hochul to sign this bill into law immediately.”

“As an organization that represents the diverse South Asian diaspora and builds power with community members experiencing abuse and violence in New York, we know well that immigrant survivors face isolation in the criminal legal system,” said Kavita Mehra, Executive Director of Sakhi for South Asian Women. “Without access to support they need, our community members are often vulnerable to criminalization. It is for this reason that we need the Governor to sign the Fair Courts for Immigrant New Yorkers bill and ensure that immigrant survivors make informed pleas and have the opportunity to seek the advice they are entitled to.”

“As an organization that seeks to make the law work for all New Yorkers, we know that, annually, thousands of immigrants seeking immigration relief learn the hard way that they are barred from immigration benefits because they made critical criminal justice decisions without proper counsel,” said Tomás H. Lucero, Senior Victims of Crime Paralegal, Empire Justice Center . “We support the call for the Governor to stand on the right side of history and sign this bill to buttress constitutional rights for immigrant survivors of crime and all immigrants in our state.”

“To truly protect all survivors of intimate partner violence in New York, it is critical that immigrant survivors in the criminal legal system have accurate notice that a plea could put them at risk of detention and deportation,” said Madeline Garcia Bigelow, Associate Director of the Urban Justice Center’s Domestic Violence Project. “We call on the Governor to sign the bill before her for the second time.”

“Trafficking survivors are frequently arrested for offenses related to their trafficking experience. The stress and anxiety of entering the criminal legal system and the system’s lack of knowledge about survivors’ rights result in many receiving criminal records,” said Emma Ecker, Senior Policy Specialist with Freedom Network USA . “For this reason, it is imperative that immigrant survivors of trafficking are able to make informed decisions with full knowledge of potential immigration consequences. After passing the state legislature for the second time, we call on Governor Hochul to sign the Fair Courts for Immigrant New Yorkers bill now.”

Read the full letter and list of signatories here

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The Immigrant Defense Project (IDP) is a New York-based nonprofit that works to secure fairness and justice for immigrants in the racially-biased U.S. criminal and immigration systems. IDP fights to end the current era of unprecedented mass criminalization, detention and deportation through a multi-pronged strategy including advocacy, litigation, legal support, community partnerships, and strategic communications. Visit www.immigrantdefenseproject.org and follow @ImmDefense .

KCBX Radio Interview with ASISTA Executive Director, Kirsten Rambo

Fri, 21 Jul 2023 01:54:00 GMT

KCBX FM Central Coast Public Radio recently sat down with our Executive Director, Kirsten Rambo, to hear about ASISTA and her recent trip to the White House for the launch of the US’s first-ever National Action Plan to End Gender-Based Violence. Listen to the interview here .

ASISTA Condemns Horrific, Inhumane Treatment of Migrants in Texas (July 19, 2023)

Thu, 20 Jul 2023 19:48:00 GMT

FOR IMMEDIATE RELEASE: July 19, 2023

Contact: Kirsten Rambo, kirsten@asistahelp.org

ASISTA Condemns Horrific, Inhumane Treatment of Migrants in Texas

As documented by the Houston Chronicle and other outlets such as The Guardian and CNN , a trooper-medic with the Texas Department of Public Safety expressed concern to his supervisor earlier this month about the inhumane ways that staff there are being ordered to treat migrants, including pushing people back into the river and refusing drinking water.

The medic also detailed some of the horrifying effects of Texas’s anti-immigrant practices, including the following from just one 7-hour period, as quoted directly here in italics from the CNN report:

The following day saw the drowning deaths of a mother and two children who were attempting to cross a part of the river that did not contain wire. The medics were also ordered to push a group of people that included nursing babies and young children, who were found in 108-degree weather in the shade, back to the river toward Mexico. Recognizing that these details have emerged from just one report covering only one week, it is difficult to imagine–and almost impossible to know–how many more horrific incidents like these have not been exposed.

The active attempts to harm immigrants employed by Gov. Greg Abbott and his administration shock the conscience and deny the most basic human rights to people seeking refuge. This sadistic targeting of vulnerable people is a disgrace to our nation and must end immediately.

“At ASISTA, we hear every day about the multiple forms of trauma experienced by immigrant survivors, often forcing people to flee their homeland,” notes Executive Director, Dr. Kirsten Rambo. “To make the dangerous journey to the US seeking safety and dignity for yourself and your family–only to be met with intentional brutality meant to endanger or end your life and that of your children–is sickening and unconscionable.”

We at ASISTA condemn these acts of state violence in the strongest possible terms, and we urge the Biden administration to use every means at its disposal to end these craven, violent practices. And we urge all people of good conscience to join us in denouncing this monstrous cruelty.

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1. “Exclusive: Texas troopers told to push children into Rio Grande, deny water to migrants, records say,” Houston Chronicle , July 17, 2023.

2. “Texas trooper says they were told to push children into Rio Grande and deny migrants water,” The Guardian , July 18, 2023.

3. “Texas troopers told to push back migrants into Rio Grande and ordered not to give water amid soaring temperatures, report says,” CNN , July 18, 2023.

A 4-year-old girl passed out in 100-degree heat after Texas (National) Guard personnel pushed the group she was in back toward Mexico

A man with a significant laceration on his leg, suffered when he tried to rescue his child from razor wire placed on a deterrence buoy in the Rio Grande
A 15-year-old boy with a broken leg, suffered when he tried to cross a more dangerous part of the river away from the buoys
A 19-year-old woman trapped in the wire having a miscarriage

ASISTA Congratulates Rosie Hidalgo, Newly Confirmed Director of DOJ’s Office on Violence Against Women (OVW)

Tue, 18 Jul 2023 09:25:00 GMT

ASISTA is delighted to share that Rosie Hidalgo, a nationally recognized leader and expert on gender-based violence, has been confirmed as the new Director of the Office on Violence Against Women (OVW) at the Department of Justice (DOJ). Rosie’s decades of experience and deep expertise will be a tremendous asset to OVW and to the broader field seeking justice for survivors of gender-based violence. Here at ASISTA, we particularly appreciate that Rosie has worked tirelessly over many years to elevate the needs and realities of immigrant survivors in state, local, and national arenas.

Ms. Hidalgo is currently the Senior Advisor on Gender-Based Violence and a Special Assistant to the President at the White House, where she recently led the successful development and launch of the first-ever U.S. National Plan to End Gender-Based Violence.

ASISTA admires Rosie for her inclusive and innovative leadership, and we look forward to working with her in her new role to ensure safety and justice for immigrant survivors.

Heartfelt congratulations, Rosie, from ASISTA!

ASISTA and Tahirih Justice Center letter re advocacy for health coverage for pending Us. (June 23, 2023)

Fri, 30 Jun 2023 15:35:00 GMT

On June 23, 2023, ASISTA and Tahirih Justice Center submitted a comment to the Proposed Medicare and Medicaid Services rule that would extend health benefits under the ACA to DACA recipients, welcoming the change and advocating for inclusion of U petitioners prior to BFD/waitlist adjudication. Click here to access the letter.

ASISTA Honors LGBTQIA+ Immigrant Survivors:

Thu, 22 Jun 2023 21:49:00 GMT

This Pride month and every month, ASISTA celebrates the resilience and bravery of queer and trans immigrants who journey to find safety, love, and self-determination in this country. We also acknowledge that these promises are not always fulfilled, and that LGBTQ+ immigrant survivors face multiple barriers to living free from harm and violence in the United States.

2023 has seen an explosion of anti-LGBTQ+ legislation across the United States. The frightening impact of this moment for LGBTQ+ immigrant survivors is compounded by the surge of anti-immigrant legislation. For example, in the past year, Florida has passed a slate of anti-LGBTQ+ bills banning gender affirming care, expanding the so-called “Don’t Say Gay” ban on discussion of sexual orientation and gender identity in public education, prohibiting gender inclusive restrooms, and permitting discrimination in healthcare. Compounding that harm, Florida’s recent, sweeping anti-immigrant legislation requires, among numerous other provisions designed to create a chilling and inhospitable climate for immigrants, that hospitals collect immigration status information from patients, and law enforcement agencies coordinate with federal immigration enforcement even in the course of initial emergency responses.

We know that these measures inevitably fall hardest on undocumented LGBTQ+ immigrant survivors of violence and undermine an already tenuous trust in service providers, thus deepening the isolation of survivors living in dangerous circumstances. We know that when intimate partner violence occurs, and homophobia and threats of deportation are weaponized against them in the criminal legal system, queer and trans immigrant survivors experience especially harmful consequences . ASISTA is proud to work with partners who address these concerns with compassion and respect, and celebrates our members who provide respectful and affirming services directly to LGBTQIA+ immigrants.

As challenging as this moment is, we also recognize the healing power of community. During the recent week of remembrance, the Orlando Museum of Art unveiled a mural in honor of the victims and survivors of the Pulse massacre that killed 49 mostly queer and trans Latinx people in 2016. Having just held our pre-AILA conference in Orlando this week (recordings to follow), and connected with some of the amazing advocates for immigrant survivors in Florida, ASISTA is proud to work alongside all of you for a better world everywhere.

Because these issues are central to effective advocacy, we are sharing these toolkits for addressing hate and intimate partner violence in LGBTQIA+ communities from the National Coalition of Anti-Violence Programs , which is coordinated by a longtime ASISTA member, the NYC Anti-Violence Project .

In addition, in case you missed it, last year for Domestic Violence Awareness Month, ASISTA presented a webinar with guest speaker Lynly Egyes of Transgender Law Center on best practices for working with LGBTQ+ immigrants who have experienced gender-based violence such as domestic violence or trafficking, with special attention to LGBTQ+ trafficking survivors who have or fear being harmed by the criminal legal system. Additional national resources for LGBTQIA+ immigrants include Transgender Law Center , Immigration Equality , and Lambda Legal .

Reflections and Resources

June 2023

ASISTA Celebrates the Launch of US’s First-Ever National Action Plan to End Gender-Based Violence (GBV)(May 25, 2023)

Thu, 25 May 2023 19:40:00 GMT

Click here to access release in PDF format.

FOR IMMEDIATE RELEASE: May 25, 2023

Contact: Kirsten Rambo, kirsten@asistahelp.org

ASISTA Celebrates the Launch of US’s First-Ever National Action Plan to End Gender-Based Violence (GBV)

ASISTA is pleased to be at the White House complex today to witness the historic launch of the first-ever National Action Plan to End Gender-Based Violence . We were happy to provide input into the development of the plan by hosting a listening session with Rosie Hidalgo, Special Assistant to the President for Gender Policy and Senior Advisor for the White House Gender Policy Council, on October 4th, 2021. At that session, we gathered a variety of stakeholders who shared the myriad challenges facing immigrant survivors, from xenophobia, transphobia and racism, to barriers to asylum and employment, and much more.

We are glad to see the inclusion of immigrant survivors throughout the National Action Plan. Furthermore, the Plan includes a specific call, long raised by immigrant survivors and the advocates who serve them, for a solution to the egregiously long wait times for immigration relief such as U visas–wait times that only further endanger survivors and their children. Much work remains to be done, both within and outside of this administration and the federal government, to advance safety for immigrant survivors. The Plan provides a critical framework and lays an important foundation for a path forward.

ASISTA Executive Director, Dr. Kirsten Rambo, attending the event, notes, “The development of this National Action Plan represents a truly historic achievement. Addressing the particular needs of immigrant survivors is absolutely crucial today, especially given the mounting barriers faced by survivors in this increasingly hostile political climate. An incredibly important and logical next step is for the Biden-Harris administration and the U.S. Congress to bring our country’s immigration policies into alignment with the goals of this Plan, to ensure that immigrant survivors are no longer harmed by US policies and practices as they seek safety and justice. We look forward to working with all our partners to realize the vision of this plan, which resonates with ASISTA’s own vision: that immigrants live in a just world free from violence.”

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ASISTA’s Cristina Velez Named NGO Lawyer of the Year by the Federal Bar Association Immigration Law Section

Mon, 15 May 2023 23:21:00 GMT

ASISTA is pleased to announce that Legal & Policy Director Cristina Velez was awarded the
2023 NGO Lawyer of the Year Award at the Federal Bar Association (FBA) Immigration Law
Conference last week in Arlington, VA. Read here for more details!

Overview of the New Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (April 20, 2023)

Wed, 26 Apr 2023 17:46:00 GMT

On April 20, 2023, USCIS held an engagement to provide an overview of the new Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center, which included a Q&A portion. These are ASISTA’s notes from that engagement.

Immigrant Visa Flowcharts for Derivatives of VAWA and U Principals

Thu, 06 Apr 2023 19:02:00 GMT

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.

The flowcharts depict the processes to follow for derivative beneficiaries and other relatives of VAWA and U petitioners, including:

To access recordings and other materials from the Conference, including deep dives into the processes behind these flowcharts, visit The ASISTA Online Store .

Press Release: ASISTA Welcomes New Board Members

Mon, 03 Apr 2023 22:36:00 GMT

FOR IMMEDIATE RELEASE: April 3 , 2023

Contact: Kirsten Rambo, kirsten@asistahelp.org

ASISTA Welcomes New Board Members

ASISTA Immigration Assistance is pleased to announce the addition of new members to its Board of Directors: Barbara Camacho, Daniel Garcia, Kerri-Ann Griggs, Helen Hwang, & Kelley Torrey. Learn more about our new board members in our press release here .

Press Release: ASISTA Statement on USCIS Opening New HART Service Center for Humanitarian Relief

Fri, 31 Mar 2023 20:03:00 GMT

FOR IMMEDIATE RELEASE: March 31, 2023

Contacts:
Kirsten Rambo, kirsten@asistahelp.org
Cristina Velez, cristina@asistahelp.org

ASISTA Statement on USCIS’s Opening of Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center

In a major announcement, USCIS has revealed the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center , a brand-new addition to its Service Center Operations. HART is currently focused on humanitarian relief, specifically VAWA self-petitions (I-360), bona fide determinations (BFDs) for U visa petitions (I-918), and reunification of refugees and asylees with their family members (I-730).

According to USCIS, the HART Service Center will be staffed with specially-trained adjudicators for these petitions, including 150 from other service centers and an additional 330 to be hired. The Center, currently working in a hybrid setting, is planned to eventually be a fully remote operation.

The opening of this new Service Center has the potential to make real, positive change for immigrant survivors of violence. Kirsten Rambo, Executive Director of ASISTA, noted, “We welcome this news about the establishment of the new HART Service Center. The current cap on the number of U visas granted each year, and the limited resources at USCIS to process applications, has led to a truly untenable situation in which survivors of domestic violence, sexual assault, and other crimes wait many, many years for the relief they deserve. These egregious wait times only compound existing trauma for survivors and their children and extend their separation from family members abroad. We are hopeful that the new HART Service Center will help alleviate that trauma by focusing much-needed resources on providing relief to survivors more quickly and efficiently. It is our hope that this newly coordinated focus on these humanitarian cases will afford survivors much quicker access to safety, justice, and stability–all of which benefits not only survivors and their families, but also their communities and our society as a whole.”

The immigration provisions of the Violence Against Women Act (VAWA) were designed to ensure that survivors of gender-based violence could access safety, stability, independence from abusers, and more. Over time, as backlogs and waitlists have continued to grow, survivor-based forms of immigration relief have become increasingly challenging to access, leaving survivors in precarious and often dangerous positions while they wait. The opening of the HART Service Center brings hope that the life-changing, and often life-saving protections afforded by VAWA can once again become more meaningfully accessible to survivors and their children.

Training on trauma-informed approaches will be critical for the HART Service Center’s success. Those with experience representing or supporting immigrant survivors of gender-based violence who are interested in being part of the new Service Center should note that the HART Service Center is currently hiring and will be seeking to fill 330 newly authorized positions.

ASISTA will continue to update its members and the field as information about the HART Service Center becomes available.

Our mailing address is:
PO Box 12, Suffield CT, 06078

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ASISTA and collaborators AILA, ICWC, CAST, and ILRC delivered a letter to USCIS Re: Biometrics for U and T Visa Applicants Abroad (Feb. 2023)

Fri, 10 Mar 2023 19:11:00 GMT

On February 14, 2023 ASISTA and collaborators AILA, ICWC, CAST, and ILRC delivered a letter to USCIS raising concerns about the unavailability of biometrics appointments for U and T visa petitioners and their derivatives abroad, and the negative consequences resulting from their inability to complete application requirements, including prolonged family separation and even unfair denials of otherwise meritorious applications. Click here to access the letter.

Press Release: ASISTA Calls on Biden Administration to Reject Reinstating Detention of Migrant Families

Wed, 08 Mar 2023 18:49:00 GMT

FOR IMMEDIATE RELEASE: March 8, 2023

Contacts:
Kirsten Rambo, kirsten@asistahelp.org
Cristina Velez, cristina@asistahelp.org

ASISTA Calls on Biden Administration to Reject Reinstating Detention of Migrant Families

The New York Times has reported that the Biden administration is now considering reinstating the detaining of migrant families , a callous, destructive policy that has been widely condemned–including, previously, by the President himself.

In response to this news, ASISTA Executive Director Dr. Kirsten Rambo states, “Family detention is a cruel practice that causes lasting harm to children and their parents. For the many immigrants who come to this country seeking safety from violence, family detention only exacerbates their suffering, heaping new layers of trauma onto existing trauma. The burdens of this racist, xenophobic policy are borne disproportionately by Black and brown immigrants, further traumatizing individuals, families, and communities already suffering under the daily weight of systemic racism. Furthermore, family detention does absolutely nothing to alleviate the ongoing tragedy of sexual assault and other forms of gender-based violence that occur daily at the border. Immigrant survivors of violence, like all immigrants, deserve to be met with compassion and dignity, not dehumanization.”

Like countless others–including pediatricians and other medical and mental health experts –President Biden himself has recognized the inhumanity of family detention, previously stating, “Children should be released from ICE detention with their parents immediately. This is pretty simple, and I can’t believe I have to say it: Families belong together.”

To learn that this administration is nonetheless considering a return to this cruel policy is both heartbreaking and infuriating. Immigrant survivors of violence, and all immigrants, deserve far better. We at ASISTA denounce this practice and urge the Biden administration to reject it wholeheartedly–and to instead adopt approaches that recognize the inherent human dignity of immigrant survivors of violence, their children, and all immigrants.

Our mailing address is:
PO Box 12, Suffield, CT, 06078

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Brand-New: ASISTA & Ujima Release Practice Advisory on Anti-Blackness & Immigrant GBV Survivors (Feb. 2023)

Thu, 09 Feb 2023 19:48:00 GMT

FOR IMMEDIATE RELEASE: February 9, 2023

Contacts:

Kirsten Rambo, kirsten@asistahelp.org

Cristina Velez, cristina@asistahelp.org

ASISTA Releases Practice Advisory on

Anti-Blackness and Immigrant Survivors of Gender-Based Violence

in Collaboration with Ujima, Inc.

The racism that pervades the US immigration system creates particular hardships for Black survivors of gender-based violence (GBV). ASISTA and Ujima, Inc. (the National Center on Violence Against Women in the Black Community) have released a brand-new practice advisory addressing the impact of anti-Blackness on immigrant survivors of GBV. This resource explores how the specific intersection of sexism, anti-Blackness, xenophobia, and criminalization presents unique obstacles to relief for Black immigrant survivors. Importantly, the advisory also contains practical information on how practitioners and advocates can provide anti-racist and culturally responsive services to Black immigrant survivors of GBV.

As ASISTA Staff Attorney Kelly Head comments, “ASISTA is honored to collaborate with our partners at Ujima, Inc. on this important resource for immigration practitioners and advocates. The very real effects of these intersecting oppressions–while ever-present in the lives of Black immigrant survivors–are rarely addressed. With this resource, ASISTA and Ujima, Inc. hope to start filling this critical gap and to stimulate conversations in both the immigration and gender-based violence fields about these important issues.”

Ayana Wallace Vieux, Ujima’s Training and Technical Assistance Manager, observes, “As change-makers, we must address the complex realities of Black immigrant survivors and the multi-layered systemic and structural forms of violence they face when trying to get help. Xenophobia and deeply rooted anti-Blackness render Black immigrant survivors invisible in a system in which they are overrepresented. Ujima Inc. is proud to be a part of a collective movement with ASISTA to give voice to Black immigrant survivors and improve access to safety and justice, however the survivor defines them.”

ASISTA’s Executive Director Kirsten Rambo concludes, “The exciting collaboration between ASISTA and Ujima has resulted in an advisory that represents a critical contribution to several fields. This resource is only able to exist because of the solid foundation built by Black feminist scholars and activists over many decades. Our sincere, shared hope is that this document will be put to use widely and quickly to advance justice for Black immigrant survivors of gender-based violence.”

To read the practice advisory, click here .

Ujima Inc., The National Center on Violence Against Women in the Black Community was founded in 2015 in response to the need for an active approach to ending violence against women in the Black community – domestic, sexual, and community violence. The name “Ujima” is from the third principle of Kwanzaa, which means Collective Work and Responsibility. This principle is critical to addressing violence against Black women in the United States. Ujima, through education and outreach, training and technical assistance, resource development, research, and public policy efforts, mobilizes the Black community and allies to strengthen our families, recognizing the safety and viability of our families is connected to the health and well-being of our individual neighborhoods and communities at large. We define the Black community as the African Diaspora in its broadest sense, e.g., Black Americans (descendants of the enslaved in the U.S.) and African, Afro-Caribbean, and Afro-Latinx immigrants, refugees, and asylees. Ujima, Inc. provides a resource hub for survivors of violence and their family and friends; enhances the capacity of coalitions, local, state, and federal government agencies, community based programs, researchers, and policymakers; advocates for social change; engages in meaningful and impactful research that addresses the intersections of race, class, and gender to improve services and responses to Black survivors; and (5) develops evidence-based tools to reduce domestic violence homicides in our community.

www.asistahelp.org

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

Tue, 31 Jan 2023 16:24:00 GMT

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. Click here to read.

ASISTA Releases Practice Advisory on Representing Criminalized Immigrant Survivors (Jan. 2023)

Wed, 18 Jan 2023 21:11:00 GMT

FOR IMMEDIATE RELEASE: January 18, 2023

Contacts:

Kirsten Rambo, kirsten@asistahelp.org

Cristina Velez, cristina@asistahelp.org

ASISTA Releases Practice Advisory on Representing Criminalized Immigrant Survivors

ASISTA has released 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 . Immigrant survivors may be criminalized for many reasons, including abusers using the criminal-legal system against survivors or forcing survivors to commit crimes, commission of crimes that are necessary for survival, and racially discriminatory over-policing. It is crucial that attorneys and advocates understand how criminalization may affect a survivor’s access to immigration relief and how to help survivors access life-saving relief despite a criminal record. This advisory surveys common criminal grounds of inadmissibility, bars to good moral character, exceptions, waivers, and the impact of criminal grounds of inadmissibility on eligibility for survivor-based remedies such as 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 links to additional resources.

“In recent years, USCIS has taken an increasingly harsh approach to immigrant survivors with even minor criminal histories,” notes ASISTA’s Legal & Policy Director, Cristina Velez. “Many criminalized survivors experience arrest and conviction as an outcome of trauma flowing from abuse, including social isolation and lack of resources. Despite the broad waivers authorized by Congress to address this reality, USCIS routinely subjects survivors to unwarranted scrutiny of their arrests and mischaracterizes the impact of their convictions. We at ASISTA are glad to provide this resource to help advocates nationwide as they work with criminalized immigrant survivors to achieve the safety and stability promised by survivor-based remedies.”

To read the practice advisory, click here .

Established in 2008, ASISTA is a national leader in the movement for safety and justice for immigrant survivors of gender-based violence. ASISTA’s founders helped write the immigration provisions of the federal Violence Against Women Act (VAWA) and Victims of Trafficking and Violence Prevention Act (TVPA), affording legal status to hundreds of thousands of survivors and their children since 1994. With over 600 members nationwide, ASISTA’s work is focused on 1) providing expert case consultation, training, and resources to attorneys and advocates navigating the complex immigration system on behalf of survivors of gender-based violence, including intervening in specific cases as needed; 2) pushing for federal, state and local policies that ensure safety and justice for immigrant survivors; and 3) coordinating lawsuits to prevent the government from unfairly deporting survivors of violence. To learn more about ASISTA’s work, click here .

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

Thu, 12 Jan 2023 21:05:00 GMT

FOR IMMEDIATE RELEASE: January 12, 2023

Contacts:

Kirsten Rambo, kirsten@asistahelp.org

Cristina Velez, cristina@asistahelp.org

ASISTA has released a practice alert for immigration and gender-based violence advocates and attorneys, regarding the impact of abortion restrictions on immigration status after the overturning of Roe v. Wade . Given the increase in abortion restrictions and threats of criminalization that have followed the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization , practitioners across the U.S. are concerned about the best way to serve immigrant clients as they seek reproductive healthcare, including abortion.

A highly practical resource, the alert explains how, against a backdrop of emboldened reproductive abuse and coercion, survivors must now also navigate increasingly severe abortion restrictions and their potential effects in the immigration and criminal legal systems. This practice alert provides guidance and resources to legal advocates working with survivors of violence (such as domestic abuse, sexual assault, and human trafficking) at the intersection of immigration and abortion rights. The document also reflects the invaluable input of ASISTA’s partners at If/When/How: Lawyering for Reproductive Justice.

“At a time when basic reproductive healthcare has become politicized and weaponized, issues of restricted access to abortion–and the efforts to criminalize those who provide it–are of grave concern,” notes ASISTA’s Executive Director, Kirsten Rambo. “The effects of decreased access and potential criminalization can be devastating, particularly for immigrant survivors of violence on their path to citizenship. We at ASISTA are glad to provide this resource to help attorneys and advocates nationwide as they serve immigrants who, already traumatized by violence, are also faced with a complex, fraught, and often hostile landscape as they seek reproductive care.”

This practice alert follow’s ASISTA’s earlier comments on the Dobbs decision . To read the practice alert, click here.

Established in 2008, ASISTA is a national leader in the movement for safety and justice for immigrant survivors of gender-based violence. ASISTA’s founders helped write the immigration provisions of the federal Violence Against Women Act (VAWA) and Victims of Trafficking and Violence Prevention Act (TVPA), affording legal status to hundreds of thousands of survivors and their children since 1994. With over 600 members nationwide, ASISTA’s work is focused on 1) providing expert case consultation, training, and resources to attorneys and advocates navigating the complex immigration system on behalf of survivors of gender-based violence, including intervening in specific cases as needed; 2) pushing for federal, state and local policies that ensure safety and justice for immigrant survivors; and 3) coordinating lawsuits to prevent the government from unfairly deporting survivors of violence. To learn more about ASISTA’s work, click here .

Letter to DOJ from anti-violence community (Dec. 2022)

Fri, 09 Dec 2022 20:44:00 GMT

ASISTA and the Alliance for Immigrant Survivors led a sign on letter to Attorney General Merrick Garland urging him to vacate and overrule three precedents that prevent immigration adjudicators from respecting post-conviction or sentencing relief granted to immigrant survivors under state and federal law. The letter, which was joined by 68 organizations and 13 individuals, discussed the ways in which abusers manipulate the criminal legal system, and the injustices of the criminal legal system itself that harm survivors who are Black, Latinx, Asian and Pacific Islander, from the Middle East, Indigenous, and people of color as well as LGBTQ survivors of these groups. Click here to access the letter.

ASISTA Welcomes New Senior Staff Attorney!

Fri, 11 Nov 2022 19:47:00 GMT

ASISTA Immigration Assistance is thrilled to welcome Rebecca Eissenova (she/her/ella) to the team. ASISTA members and friends will see Rebecca bringing her deep expertise to support our mission through training, technical assistance, practice advisories, and more. See more about Rebecca here.

New Resource: ASISTA’s Flyer: Services to OVW Grantees & Sub-grantees (Updated Nov. 2022)

Thu, 10 Nov 2022 21:26:00 GMT

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.

Look what we did together!

Tue, 25 Oct 2022 00:13:00 GMT

Take a look at what we did this last year with your support of ASISTA and immigrant survivors of violence!

https://irp.cdn-website.com/34cc5eb4/files/uploaded/Infographic-FY2022-Final-Oct.pdf

ASISTA Job Opportunity

Thu, 25 Aug 2022 02:16:00 GMT

Position Description: Senior Staff Attorney

Including Justice Involved People in Executive Order (EO) 14076, “Protecting Access to Reproductive Healthcare Services.”

Thu, 11 Aug 2022 17:44:00 GMT

ASISTA supports this letter led by Senators Schatz and Hirono, and joined by several other senators, advocating for protections for pregnant people in federal custody, including immigration detention and alternatives to detention.”

Letter from ASISTA to USCIS addressing mismatch between DHS employment authorization regulations and Social Security Administration (“SSA”) guidance

Tue, 09 Aug 2022 17:48:00 GMT

ASISTA wrote to the USCIS Office of Policy & Strategy and asked them to communicate with SSA about the mismatch between SSA’s policy on evidence of work authorization for U nonimmigrants who request Social Security Numbers (“SSNs”) and DHS regulations on employment authorization for U nonimmigrants.”

Ankle monitors raise risks for U.S. abortion-seekers (trust.org)

Mon, 25 Jul 2022 17:54:00 GMT

In this article , ASISTA Executive Director Kirsten Rambo weighs in on women having the right to seek an abortion privately, without surveillance.

USCIS Reliance on Arrest Reports is Harmful to LGBTQ+ Immigrant Survivors: ASISTA Provides Feedback to the DHS Commission on Combating Gender-Based Violence

Thu, 30 Jun 2022 15:10:00 GMT

USCIS Reliance on Arrest Reports is Harmful to LGBTQ+ Immigrant Survivors: ASISTA Provides Feedback to the DHS Commission on Combating Gender-Based Violence (June 2020)

Immigrant Survivors of Gender-Based Violence Deserve Reproductive Justice: ASISTA Denounces the Overturning of Roe v. Wade

Sat, 25 Jun 2022 01:21:00 GMT

For Immediate Release: Immigrant Survivors of Gender-Based Violence Deserve Reproductive Justice: ASISTA Denounces the Overturning of Roe v. Wade

The Impact of Violence on LGBTQIA+ Immigrant Survivors: Reflections and Resources

Sat, 18 Jun 2022 21:04:00 GMT

ASISTA Statement on The Impact of Violence on LGBTQIA+ Immigrant Survivors: Reflections and Resources

Recommendations to the EOIR and BIA practice manuals (June 2022)

Wed, 15 Jun 2022 14:50:00 GMT

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.

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

Fri, 03 Jun 2022 15:03:00 GMT

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), and here to download the practice advisory in Word version.

Statement from ASISTA Executive Director Kirsten Rambo: Reproductive Justice for Immigrant Survivors of Gender Based Violence

Thu, 19 May 2022 18:49:00 GMT

Click here to read the full statement

BIA Amicus Brief of Motions to Reopen Based on Criminal Vacatur (April 27, 2022)

Wed, 04 May 2022 17:30:00 GMT

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.

Click here to access the request to appear. Click here to access the as-filed amicus brief. Click here to download the amicus brief in Word version.

ASISTA’s comment on the I-751 (April 20, 2022)

Thu, 21 Apr 2022 16:18:00 GMT

On April 20, 2022, ASISTA submitted this comment in response to the “Agency Information Collection Activities; Extension, Without a Change, of a Currently Approved Collection: Petition To Remove the Conditions on Residence,” initially published in the Federal Register on October 15, 20211 and reopened for 30 days for additional public comments on March 21, 2022.

ASISTA at the White House Commemorating VAWA Reauthorization

Fri, 25 Mar 2022 15:03:00 GMT

On March 16, 2022, ASISTA was at the White House for the commemoration of the reauthorization of the Violence Against Women Act (VAWA). Click here for more on this , including the latest version of of the Violence Against Women Reauthorization Act of 2022.

United States Attorney General Merrick Garland & ASISTA Executive Director Kirsten Rambo

Comment on 3 USCIS-PM D, Violence Against Women Act (March 10, 2022)

Fri, 11 Mar 2022 20:49:00 GMT

Click here to access ASISTA’s full comment on USCIS Policy Manual Changes: Volume 3: Humanitarian Protection and Parole, Part D, Violence Against Women Act (VAWA).

ASISTA Announces New Legal & Policy Director

Fri, 11 Mar 2022 15:00:00 GMT

ASISTA Immigration Assistance is thrilled to welcome new Legal & Policy Director Cristina Velez to the team. Click here to learn more!

NEW: Ahead of SOTU, ASISTA and 26 other Immigrant Rights Organizations Release 2022 Immigration Priorities for the Biden-Harris Administration

Tue, 01 Mar 2022 13:10:00 GMT

New Blueprint Analyzes Year-One Actions and Outlines Critical, Immediate 2022 Measures to Fulfill Administration’s Promises for a Fair and Humane Immigration System.

See ASISTA’s full statement here.

Statement on the Violence Against Women Act Reauthorization Act of 2022 February 10, 2022

Thu, 10 Feb 2022 18:38:00 GMT

Yesterday, Senators Dianne Feinstein (D-CA), Joni Ernst (R-IA), Richard Durbin (D-IL), and Lisa Murkowski (R-AK) introduced the Violence Against Women Reauthorization Act of 2022. This important bill reflects a bipartisan consensus that the government needs to do more to prevent and respond to domestic violence, sexual assault, dating violence, and stalking. The bill addresses many of the needs identified during extensive engagement with the domestic violence and sexual assault fields. A summary of the Senate bill can be found here .

The House of Representatives passed their version of this bill, led by Representatives Sheila Jackson Lee (D-TX-18) and Brian Fitzpatrick (R-PA-01), last March. ASISTA encourages the Senate to swiftly pass the Violence Against Women Reauthorization Act of 2022 and send it to the House for a vote.

We know that a stronger, more inclusive bill would have contained additional protections for immigrant survivors, given the many additional barriers to achieving safety and justice that immigrants experience. At the same time, we are pleased that the bill includes increased support for culturally specific services and other critical protections that will benefit countless survivors.

TAKE ACTION!

Organizations and individuals: Join the NTF in urging your senators to cosponsor and vote in favor of this bill. Just click here to automatically send an email! You can find social media posts and graphics here .

Organizations only: In addition to the actions above, please use this form to sign onto the NTF’s letter in support of this bill by Monday, February 14.

Please reach out with any questions to Rachel Graber ( rgraber@ncadv.org ), Dorian Karp ( dkarp@jwi.org ), Monica McLaughlin ( mmclaughlin@nnedv.org ), and Terri Poore ( terri@endsexualviolence.org ).

Amicus Brief in V.U.C., et al. v. USCIS (1st Circuit)(Dec. 8, 2021)

Tue, 18 Jan 2022 20:20:00 GMT

ASISTA and other amici filed this brief regarding USCIS’s unreasonable delay in adjudicating U visa work authorization requests. Amici were represented pro bono by Nathan Warecki, Brianna Nassif, Lauren Maynard, and Myra Benjamin from Nixon Peabody. Click here to access the amicus brief.

ASISTA Announces New Staff Attorneys

Tue, 18 Jan 2022 18:12:00 GMT

ASISTA Immigration Assistance is thrilled to welcome two new staff attorneys to the team. Lia will be working primarily with our private members, while Kelly will be working mainly with OVW grantees. Click here to learn more!

ASISTA Welcomes New Board Member

Tue, 18 Jan 2022 18:00:00 GMT

ASISTA Immigration Assistance is thrilled to welcome new board member Jennifer de Haro to the team. To learn more about Jennifer, click here!

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

Tue, 07 Dec 2021 16:09:00 GMT

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.

ASISTA this past year!

Mon, 22 Nov 2021 13:35:00 GMT

Check out ASISTA’s impact this past year . So much to celebrate!

IT IS THE TIME …

Fri, 19 Nov 2021 18:49:00 GMT

Immigrants Path Podcast – The Humanitarians: Enabling Justice for Immigrant Survivors of Violence

Tue, 09 Nov 2021 16:15:00 GMT

Check out ASISTA Executive Director, Kirsten Rambo and Senior Legal Counsel, Amy Cheung on the Immigrants Path Podcast! The Humanitarians: Enabling Justice for Immigrant Survivors of Violence: https://youtu.be/FYHiDunrW8M

ASISTA Weighs in on Barriers to Benefits for Immigrant Survivors (Oct. 18, 2021)

Thu, 21 Oct 2021 15:42:00 GMT

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 .

The ASISTA’s White House Listening Session recording is now available!

Thu, 14 Oct 2021 17:01:00 GMT

On October 4, 2021, ASISTA hosted a White House Listening Session to share insights and recommendations to the White House as they develop the U.S.’s first National Action Plan on Gender-Based Violence. Click here to access the session recording & here to access the presentation materials .

ASISTA Announces Successful Resolution of Albence Litigation

Wed, 22 Sep 2021 00:26:00 GMT

ASISTA is proud to report that our litigation against ICE has come to a successful resolution. The case was brought by Protect Democracy and the Constitutional Accountability Center on behalf of ASISTA and Sanctuary for Families. The litigation challenged the unlawful policy, established by then-acting director of ICE Matthew Albence, that made it easier to deport immigrant survivors of violence who 1) came forward to report crimes committed against them and 2) helped law enforcement in prosecuting those crimes. Albence, who was serving in violation of the Federal Vacancies Reform Act, had no authority to establish that harmful policy, which directly and indirectly resulted in an untold number of unfair deportations.

Last month, ICE issued a new directive replacing the illegal Albence policy we were challenging. Because this new directive restores the protections that were eliminated, the litigation was dismissed.

This is a win for immigrant survivors of violence. ASISTA is grateful to our partners and proud to persevere in the cause of justice and fairness for immigrant survivors.

Afghanistan Resources

Thu, 26 Aug 2021 18:19:00 GMT

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.

Tahirih’s Afghan Asylum Line : (888)-991-0852

Open Monday to Friday 10 a.m. to 4:00 p.m. EST

Note : This information is subject to change as the situation in Afghanistan is fast moving.

ASISTA does not provide direct legal services. However, we compiled some resources and we hope the information below, with associated links, will be helpful.

The Tahirih Justice Center is a national, nonprofit organization that serves immigrant survivors fleeing gender-based violence. By amplifying the experiences of survivors in communities, courts, and Congress, Tahirih’s mission is to create a world in which all people share equal rights and live in safety and with dignity

PARS Equality Center : Provides legal assistance in Afghanistan. Click here for information.
Afghanistan Non-Combatant Evacuation Operation (NEO): Provides information for Evacuees and Commercial Aircraft Coordination. For information on evacuation guidance/support from the Department of State (DOS) Afghanistan Coordination Task Force (ACTF):
Primary: 1-888-407-4747 (May only be called from a U.S. phone number)
Alternate: 1-202-501-4444 (May be called from an overseas number)
Email: ACTF@state.gov
Additional assistance: 1-202-485-1888 or 1-202-485-1627
Department of Defense (DoD) : Afghanistan NEO Call Center (ANCC) and assistance with logistics that can be reached at 1-703-693-0799.
For information on chartered or commercial flights out of Hamid Karzai International Airport (HKIA), contact:
Primary: 1-609-754-6191
Alternate: 1-609-754-6002
Email: 621AMOS.MOG.AMC@us.af.mil
International Refugee Assistance Project (IRAP) : Provides resources for individuals in Afghanistan. Click on this link for information: Resources from the International Refugee Assistance Project (IRAP)

Human Rights First ‘s Fact Sheets in English, Pashto, and Dari about how to evade the misuse of biometric data, as well as fact sheets in English and Pashto about how to delete your digital history: Steps to Protect Your Online Identity from the Taliban: Digital History and Evading Biometrics Abuses .
Human Rights First’ Short Guide to help human rights activists erase their digital footprints: Human Rights First: Phone Security for Clients in Afghanistan .

Assistance for Afghans Toolkit : New collection of CLINIC resources, as well as featured resources from partners. CLINIC is continuing to monitor developments and will work to provide updated resources to serve our network and others in responding to the immigration aspects of the unfolding humanitarian emergency in Afghanistan.
Lutheran Immigration and Refugee Services’s How to Help Our Afghan Allies . They provide ways to volunteer, donate, and send a message to President Biden and Congress.
You can also refer Afghan individuals looking for legal assistance to Pars Equality Center and suggest that they complete their intake form .
If you would like to volunteer to help with intakes, you can email them at afghansupport@parsequalitycenter.org
Several congresspeople have been proactively providing assistance for evacuation, including:
Jon Ossoff: 202-224-3521
Tom Cotton: 501-223-9081 or evac@cotton.senate.gov
Andy Kim: 202-225-4765 or RepKimEvac@mail.house.gov

Safety Resources:

Additional Resources:

Additional Information for Advocates in the U.S.:

In Case You Missed It (ICYMI): August 24, 2021

Tue, 24 Aug 2021 17:10:00 GMT

As usual, there have been several important policy and practice updates over the last few weeks. From a new ICE directive on victim-centered approaches, to litigation updates, new calls for examples and stakeholder engagements. Read more about some of these updates in our latest edition of ICYMI here .

New ASISTA Policy Alert, Q&A on ICE Directive: Using a Victim-Centered Approach with Noncitizen Crime Victims (Current as of August 23, 2021)

Tue, 24 Aug 2021 15:45:00 GMT

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.

ASISTA Job Opportunity

Mon, 09 Aug 2021 17:29:00 GMT

Position Description: Legal & Policy Director (Full-Time)

Albence Practice Advisory: Stay Extended through July 2, 2021

Tue, 22 Jun 2021 18:53:00 GMT

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.

ICYMI – Important Policy & Practice Updates, June 2021

Fri, 18 Jun 2021 19:34:00 GMT

June 2021 ICYMI

As usual, there have been several policy and practice updates over the last few weeks, from new ICE guidance, Supreme Court decisions, a flurry of new updates from USCIS, some important consular processing information from NVC and a consolidated guide on CDC COVID travel restriction exemptions from CBP. Read more about these important announcements here.

ASISTA Statement on New Path to Work Authorization for U visa petitioners

Mon, 14 Jun 2021 19:13:00 GMT

June 14, 2021

ASISTA applauds USCIS’s policy alert announcing work authorization for U visa petitioners who present a bona fide case. This policy will help alleviate the myriad barriers that victims and their families face as a result of the significant processing delays in the U visa program. Currently there are nearly 270,000 individuals with pending U visa matters, and the processing times just to place these cases on the waitlist is nearly 5 years.

These long waits for the adjudication of their cases can be devastating to U visa petitioners who face dire personal and economic hardship, often placing them at risk of deportation or other abusive and exploitative situations as they struggle to survive. This new USCIS policy will provide many U visa petitioners a path to timely work authorization and deferred action status, which will help alleviate these risks. We appreciate USCIS’s efforts to take action to alleviate the barriers these delays have caused and to increase the effectiveness of the remedies Congress created for immigrant survivors of violence.

ASISTA’s Executive Director Kirsten Rambo states, “We are extremely encouraged by this news from USCIS today. This policy is a very promising step forward to ensure that immigrant survivors of violence can now have a much clearer path to safety and stability, as Congress originally intended. We are also deeply grateful to our partners in advocacy who have worked alongside us on this issue by conducting research, engaging in administrative and legislative advocacy, and pursuing federal litigation.”

ASISTA looks forward to working with USCIS and our partners to identify and understand fully the practical implications of this policy for all survivors, from the impact on the U visa waitlist to understanding how discretionary determinations will be made related to arrests. As always, we remain committed to ensuring that safety and justice for all immigrant survivors is centered in these discussions and to updating the field with the latest developments. Read ASISTA’s policy alert here . We will continue to share additional resources about this and other policy matters that impact immigrant survivors of violence.

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

Fri, 11 Jun 2021 16:53:00 GMT

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.

105 Organizations Call on Senate to Strengthen Protections for Immigrant Survivors in VAWA 2021

Fri, 04 Jun 2021 15:16:00 GMT

Last month, the Alliance for Immigrant Survivors (AIS) sent a letter signed by 105 organizations to Senate leadership to strengthen protections for immigrant survivors in the Violence Against Women Act (VAWA) 2021. For over 25 years, VAWA has served as a rare example of how a bipartisan Congress can protect survivors and strengthen their ability to overcome abuse. Now, as the Senate considers its next actions on VAWA, we urge them to continue the tradition of safeguarding protections for all survivors, including immigrant survivors who are experiencing domestic violence, sexual assault, human trafficking, and other crimes.

AIS supports the latest bipartisan VAWA reauthorization , H.R. 1620 , which takes a holistic approach, addressing the complexities of survivors’ lives, and maintains established protections, while also addressing persistent gaps. Yet, VAWA 2021 doesn’t solve the problems facing tens of thousands of immigrant survivors who have faced additional threats and barriers over the last several years.

In our letter , we called on the Senate to include these critical protections for immigrant survivors:

This latest reauthorization of VAWA is already three years behind schedule, as the last reauthorization was in 2013. Failure to strengthen immigration protections created in VAWA and subsequent reauthorizations has resulted in substantial barriers for immigrant survivors and their children. The time to strengthen these immigration protections is now, and VAWA is the right vehicle to do it.

Ensure that survivors are not deported before their applications are adjudicated as this clearly undermines the bipartisan purpose that survivors have the ability to seek protection against deportation;
Raise the U Visa cap so that more survivors have access to these critical protections, an effort that was supported by President Biden given its inclusion in the U.S. Citizenship Act of 2021 ;
Add hate crimes and other qualifying crimes to the U visa statute to ensure that those who are victims of racist violence may seek paths to safety and justice;
Strengthen confidentiality in protections for survivors who apply for VAWA self petitions, U visa and T visa applications by limiting information sharing about their applications;
Ensure access to work authorization for survivors given the egregious delays in the processing of VAWA self-petitions, U visa and T visa applications. These significant delays, coupled with other barriers, such as a lack of access to financial supports, can subject survivors to additional risks and barriers;
Provide access to basic economic and housing supports for immigrant survivors in order to escape and overcome abuse and exploitation.

It’s Time for a #MeToo Reckoning in Immigration (April 26, 2021)

Mon, 26 Apr 2021 19:17:00 GMT

ASISTA Senior Policy Counsel Amy Cheung in Ms. More Than A Magazine, A Movement , weighting in the article “Abuse exists across many industries and institutions, and low-income people of color are particularly vulnerable. This is especially true in the context of immigration” . Read here the full article.

WMC News & Features: Will Biden Create More Humane Immigration Policies? (April 9, 2021)

Fri, 16 Apr 2021 19:57:00 GMT

Cruel immigration policies were a hallmark of the Trump presidency. From the “Muslim ban” in his earliest days in office to family separation, the Trump administration made over 1,000 immigration policy changes, creating a largely hostile and unwelcoming reception for refugees and asylum seekers fleeing danger and economic hardship and instilling fear in immigrants residing inside the United States. See ASISTA Senior Policy Counsel Cecelia Friedman Levin weighting in, Will Biden Create More Humane Immigration Policies?.

Notes from Listening Session with USCIS

Thu, 15 Apr 2021 17:30:00 GMT

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.

If you continue to face additional problems with fee waiver adjudications, please use this case summary sheet to document the case. If you’d like for us to raise these new examples with USCIS, please use this case summary sheet along with the requested documentation and send it to questions@asistahelp.org with the subject. “Fee Waiver Denial”

Update: FOIA Production on Fee Waiver Policy & Practice

Mon, 05 Apr 2021 20:51:00 GMT

In January 2019, Texas RioGrande Legal Aid (TRLA) filed a Freedom of Information Act (FOIA) request on behalf of Grassroots Leadership requesting information on fee waiver adjudication policies and procedures for VAWA self-petitions, T visa and U visa Humanitarian programs.

Due to a lack of response, Grassroots Leadership, represented by TRLA, was a plaintiff in litigation against USCIS, which resulted in a a significant and important document production including standard operating procedures, internal directives and communications, and more.

We are grateful for Grassroots Leadership and TRLA for their advocacy and efforts to ensure this information is available to advocates and the public.
For an highlighted index, see here . For the entirety of the document production on our website, see here .

Litigation update in ASISTA v. Albence

Tue, 23 Mar 2021 14:51:00 GMT

ASISTA and Sanctuary for Families are excited to share that on March 18, 2021, Judge Jeffrey A. Meyer granted our joint motion to stay the proceedings in our ongoing lawsuit against ICE for 90 days subject to specific interim conditions. ASISTA and Sanctuary for Families are represented by Protect Democracy and the Constitutional Accountability Center in this action.

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, with certain exceptions. ASISTA and Sanctuary for Families have provided a practice advisory to inform practitioners of the terms of the agreement and potential implications for representing U visa clients.

Please contact Amy Cheung (amy@asistahelp.org) or Pooja Asnani (pasnani@sffny.org) with any questions.

Thank you,

ASISTA and Sanctuary for Families

ASISTA Denounces Racism, Misogyny, and Violence

Mon, 22 Mar 2021 01:06:00 GMT

In the wake of the killing of eight people in Georgia earlier this week, we at ASISTA are heartbroken and determined as ever to fight the toxic combination of white supremacy and misogyny that fuels this violence. Eight lives were tragically and violently taken, of whom seven were women and six were of Asian descent. We send our love and light to those most directly impacted, the families and friends of the victims. And we stand in solidarity with Asian-American and Pacific Islander communities, understanding that this horrific act is a recent manifestation of a long history of racism and exclusion in the U.S. to which AAPI individuals and communities have been subjected for generations.

Our mission and our work at ASISTA stand at this specific intersection of battling misogyny, racism, and violence. We recognize that the forces underlying these recent murders in Georgia are at the root of the many injustices we see throughout our work: from decisions about who is welcomed and who gets deported, to who experiences state violence in addition to intimate violence, to whose labor is exploited and devalued, and more.

Part of the insidiousness of white supremacy is that the echoes of its violence reverberate throughout all groups who are targeted and treated unjustly. At ASISTA, we stand committed to continuing the fight against systemic racism and toxic masculinity in all their forms, as well as the violence that they engender.

To our friends in the AAPI community, in Georgia and everywhere, our hearts are with you. We stand with you, in unity, respect, and support.

To everyone reading this, thank you for being a part of our ASISTA community, for standing up against these malignant forces with us, and for all you do to make the world safer for immigrant survivors of violence.

In solidarity,

Kirsten Rambo, Ph.D.

Executive Director

Safe Horizon and ASISTA File Lawsuit Against USCIS and DHS

Thu, 18 Mar 2021 15:56:00 GMT

Safe Horizon and ASISTA File Lawsuit Against USCIS and DHS, Seeking Information on Policy Change Making it More Difficult for Victims of Serious Crime to Obtain Relief Under the U-Visa Program

Litigation Update: Harmful DOJ Rule Enjoined

Mon, 15 Mar 2021 17:53:00 GMT

On March 10, 2021, Senior District Judge Susan Illston from the U.S. District Court of Northern District of California granted a preliminary injunction in the case Centro Legal de La Raza et al v. EOIR et al , challenging the harmful DOJ rule severely limiting sua sponte motions in immigration court proceedings and curtailing the use of administrative closure as docket management tool, among other harmful provisions.

ASISTA and our partners submitted an amicus brief in support of the Plaintiffs, Centro Legal de La Raza, Tahirih Justice Center, Immigrant Legal Resource Center, and RAICES, who were represented by Sidley Austin, LLP, Asian Americans Advancing Justice – Asian Law Caucus, and Lakin & Wille LLP.

Our amicus demonstrated the impact that eliminating administrative closure would have on survivors. The Court found that the plaintiffs “are likely to succeed on their claim that the agencies did not engage in reasoned decision-making when formulating the Rule . . . including that the changes implemented by the Rule will foreclose noncitizens from seeking humanitarian relief to which they may be entitled and will result in the deportation of noncitizens who have meritorious claims for relief.”

The order directly cites our amicus brief, including the significant U visa wait times, and references how the briefs submitted “ provide numerous specific real-life examples of how administrative closure has been used in cases to allow survivors of domestic violence and human trafficking, including children, to pursue claims for relief before USCIS and state court. ”

Judge Illston’s order enjoins EOIR from implementing or enforcing the rule pending final adjudication of the case, to take effect immediately. The impact of this order signifies that immigration judges and BIA members continue to have the authority to reopen proceedings sua sponte , and that the broad pre-January 15, 2021 regulatory language at 8 C.F.R. 1003.10(b) (held to permit administrative closure in Zuniga-Romero v. Barr and Meza-Morales v. Barr ) remains in effect.

We are grateful for the incredible work of our pro bono team at Morgan Lewis & Bockius, LLP on our amicus brief. In addition, we’re grateful to the plaintiffs and representatives in this litigation as well as the efforts of those involved in challenging this harmful rule in the D.C. District Court, including National Immigrant Justice Center, CLINIC, HAIS, Brooklyn Defender Service, FIRRP, and Democracy Forward.

New Advisory: Overview of U.S. Citizenship Act of 2021 & Its Impact on Immigrant Survivors

Mon, 01 Mar 2021 15:23:00 GMT

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.

ASISTA and our partners with the Alliance for Immigrant Survivors have prepared an overview of the bill with a discussion of its impact on survivors.

We are grateful for the insights and expertise of our partners at the Center for Gender and Refugee Studies, Nebraska Coalition to End Sexual and Domestic Violence, Jenesee Center, Americans for Immigrant Justice, Los Angeles Center for Law and Justice, Immigration Center for Women and Children, MetroWest Legal Services, Immigrants’ Rights and Human Trafficking Program at Boston University School of Law, Alianza Nacional de Campesinas, Ayuda, Northwest Immigrant Rights Project, Her Justice, Tahirih Justice Center, and and the Asian Pacific Institute on Gender-Based Violence.

ICYMI: Important Policy & ASISTA Updates

Sat, 27 Feb 2021 17:28:00 GMT

As usual, there have been several policy updates over the last few weeks, from the rescission of the immigrant travel ban impacting family, employment and diversity visas to the Supreme Court’s decision to take up the public charge rule . Here are some other important policy updates and news from ASISTA.

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. ASISTA and our partners with the Alliance for Immigrant Survivors have prepared an overview of the bill with a discussion of the impact on survivors which you can view here .
Interim ICE Guidance: Last week ICE released new interim guidance on enforcement priorities which will be in place at least for the next 90 days. This new guidance broadens enforcement provisions contained in the January 20, 2021 memo.The guidance changes the public safety enforcement priority to encompass 1) those who have been convicted of an aggravated felony (as defined in the INA); 2) those “convicted of offense involving participation in a criminal street gang, as defined in 18 U.S.C. § 521(a), and 3) those not younger than 16 years of age and who intentionally participated in an organized criminal gang or transnational criminal organization to further the illegal activity of the gang or transnational criminal organization.”

The guidance indicates that enforcement action may be taken outside these priorities but are subject to advance review, and spells out factors that may be considered in taking enforcement action outside the listed priority grounds. The guidance also instructs that attention should be exercised to individuals who are elderly, suffering from illness, or those with pending petitions for review on direct appeal from an order of removal; have filed only one motion to reopen removal proceedings, and such a motion either remains pending or is on direct appeal via a petition for review; or have pending applications for immigration relief and are prima facie eligible for such relief. In such cases, execution of removal orders should have a compelling reason and are to have approval from the Field Office Director. We encourage you to find more information about this guidance from our partners at NIPNLG and NIJC here.
Administrative Advocacy :

a. ASISTA Comment I-918 Forms : On January 14, 2021, USCIS published a notice for comment on the U visa forms (I-918, Supplement A, Supplement B, and their associated instructions). While the agency did not propose any changes to the forms or their instructions, ASISTA submitted a comment recommending amendments to the forms and instructions to rectify and clarify issues that have arisen over time, including: the elimination of the signature requirement on the Supplement A for derivatives; the allowance of electronically reproduced signatures on all forms; and the elimination of language in the form instructions that USCIS could use to justify the blank spaces policy.

b. USCIS Policy Manual Comment on Employment Authorization: On February 15, 2021 ASISTA submitted a comment in response to Policy Manual changes regarding the exercise of discretion in granting employment authorization based on deferred action or having a pending adjustment application. Even though the Policy Manual provisions had carve-outs for survivor based relief, we remain opposed to provisions that needlessly create barriers for employment authorization.

4. Litigation Updates

a. Gonzalez v. Cuccinelli: On January 14, 2021, the 4th Circuit published its opinion in Gonzalez v. Cuccinelli , a case in which several U visa applicants had sued USCIS over the years-long delay in the adjudication of their applications. The results were mixed: The Court found that it lacked jurisdiction to review USCIS’s failure to issue pre-waiting list employment authorization under INA 214(p)(6) and that the repeal of 8 CFR § 274a(13)(d) was retroactive; however, it did overturn the district judge’s dismissal of the claim regarding USCIS’s failure to make a waiting list determination for the plaintiffs. ASISTA and the Tahirih Justice Center submitted an amicus brief on this case.

b. Administrative Closure Rule Amicus brief: On February 5, 2021 ASISTA, API-GBV and partner organizations filed a brief in support of the plaintiffs in the case CLINIC et al v. Executive Office for Immigration Review demonstrating the impact that eliminating administrative closure would have on survivor-based claims. We are grateful for the incredible work of our pro bono team at Morgan Lewis & Bockius, LLP on this effort. Read our amicus brief here .

5. EOIR Updates

a. EOIR Policy Manual On January 13, 2021, EOIR released its own policy manual to compile and update existing policy guidance regarding entry of appearance, filings, Immigration Court and BIA Practice Manuals, operating policies and procedures and more.

b. BIA Precedent Decision on VAWA Cancellation of Removal One February 24, the BIA issued a decision in Matter of L-L-P- The BIA held, “… that an applicant for special rule cancellation of removal under section 240A(b)(2) based on spousal abuse must demonstrate both that the abuser was his or her lawful spouse and possessed either United States citizenship or lawful permanent resident status at the time of the abuse, even if the abuser’s spousal status, citizenship, or lawful permanent resident status was later terminated or revoked, or the abuser can no longer use an immigration benefit to control the applicant… An abusive spouse must have the actual ability to affect an alien’s immigration status in order to threaten the alien in the manner contemplated by the VAWA.”

6. ASISTA in the News ASISTA has been providing assistance to our member organization, the Pennsylvania Immigration Resource Center , and their pro bono partner, David Freedman , who are waging an effort in federal court to force USCIS to adjudicate long-delayed U visa cases. This week, the Philadelphia Inquirer featured a story on their litigation campaign which includes a quote from ASISTA’s senior legal counsel, Amy Cheung.

7. ASISTA’s 2-day training on March 17-18, 2021 : Register now for ASISTA’s Legal Remedies for Immigrant Survivors, Introductory Series Part II: Preparing the Case . In Part II of our skills-based introductory seminar series, participants will learn to effectively prepare survivor-based petitions for immigration status. Participants will have the opportunity to practice these skills through interactive discussions and hands-on activities. This course is intended for legal advocates at agencies that serve domestic violence and sexual assault survivors, new immigration practitioners, and legal staff. Register Today!

As always, thank you for all you do on behalf of survivors and their families.

The ASISTA Team

Philadelphia Inquirer Article on the U Visa Backlog

Wed, 17 Feb 2021 12:37:00 GMT

ASISTA’s own Amy Cheung weighing in on the heavy backlog with the U Visa program which Congress created to strengthen the ability of police agencies to investigate and prosecute violent crimes like domestic & sexual assault.

“Biden’s plan to raise the cap to 30,000 is a promising start but given the immense backlog, there is still more work to be done.”

ASISTA is committed to working with the new administration to make sure the program is working as the government intended, and that immigrant survivors of crime are protected. See article here.

ASISTA Practice Alert Regarding Certain U Visa ‘After-Acquired Spouse’ Cases (Feb. 11, 2021)

Fri, 12 Feb 2021 15:04:00 GMT

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 .

ICYMI: Important Policy & ASISTA Updates

Wed, 03 Feb 2021 15:53:00 GMT

As usual, there have been many immigration policy updates this past week. Please see below for a brief summary of a few of those updates, as well as some upcoming ASISTA events.

Flexibility in Deadline Extension Last week, USCIS announced that it will extend its flexibility policy. This policy will now apply to documents in which the issuance date listed on the request, notice or decision is between March 1, 2020 and March 31, 2021. For more information, see USCIS Response to COVID-19 here .
Challenges to Enforcement Executive Order : As you may have heard , a judge in Texas has enjoined portions of Biden’s Executive Order on Enforcement and the related DHS guidance regarding the 100-day moratorium on deportations. Our partners at NIPNLG and La Resistencia have developed a fact sheet explaining what has been enjoined and what remains in effect. Based upon our reading of this decision, we believe that the rescission of the 2018 Notice to Appear Memo from 2018 in effect.
New Circuit Court Decisions
New First Circuit Decision: This new decision Granados Benitez v. Wilkinson ruled that the BIA abused its discretion in refusing to reopen proceedings for a U visa petitioner who had been placed on the waitlist. Of note, the court found that Matter of Sanchez Sosa remains good law and that the Sanchez Sosa factors apply to motions to reopen where the purpose of the motion is to seek a continuance. ASISTA and other amici were represented by Greenberg Traurig in support of the Petitioner in this case. Huge thanks to Petitioner’s counsel, Paige Austin and Phil Torrey!
Ninth Circuit Decision: In the published decision, Kaur v. Wilkinson , the panel found that, “The BIA erred in imposing evidentiary requirements of ongoing injury or treatment beyond the sexual assault itself in order to show persecution. Kaur’s credible testimony about the attempted gang rape is sufficient to show persecution. Attempted rape by a gang of men, in broad daylight on a public street, is especially terrorizing because it powerfully demonstrates the perpetrator’s domination, control over the victim and imperviousness to the law. Requiring evidence of additional harms both minimizes the gravity of the sexual assault and demeans the victim. We grant Kaur’s petition for review and remand for further proceedings consistent with this opinion.” (emphasis added)
ASISTA joins important amicus efforts
Last week, ASISTA and our partners submitted an amicus brief on behalf of the plaintiffs in the new litigation Centro Legal de La Raza, Immigrant Legal Resource Center, and Refugee and Immigrant Center for Education and Legal Services v. EOIR . This case challenges EOIR’s new rule regarding administrative closure, and our amicus highlightis the harm that this rule places on survivor-based immigration cases. Read the brief here .
ASISTA was proud to join over 100 organizations nationwide as amicus on behalf of the respondents in the pending Supreme Court case of Pekoske v. Innovation Law Lab, et al. (previously, Wolf v. Innovation Law Lab, et al.) The government appealed the 9th circuit’s decision upholding an injunction against the continued implementation and expansion of Migrant Protection Protocols (MPP). The amicus brief can be found here .
ASISTA’s 2-day training on March 17-18, 2021 : Register now for ASISTA’s Legal Remedies for Immigrant Survivors, Introductory Series Part II: Preparing the Case . In Part II of our skills-based introductory seminar series, participants will learn to effectively prepare survivor-based petitions for immigration status. Participants will have the opportunity to practice these skills through interactive discussions and hands-on activities. This course is intended for legal advocates at agencies that serve domestic violence and sexual assault survivors, new immigration practitioners, and legal staff. Register Today!

As always, thank you for all you do on behalf of survivors and their families.

The ASISTA Team

Granados-Benitez v. Wilkinson (1st Cir) (unpublished- Jan. 28, 2021)

Fri, 29 Jan 2021 19:23:00 GMT

The 1st Circuit found that the BIA had abused its discretion in failing to follow Matter of Sanchez-Sosa in adjudicating the U visa petitioner’s Motion to Reopen and ordered remand. Click on the links to access the Amicus Brief and the Decision .

ICYMI: Legislative and Administrative Updates

Mon, 25 Jan 2021 15:34:00 GMT

Dear partners,

The Biden-Harris Administration has already introduced important immigration policy reforms, including efforts that enhance protections for immigrant survivors. ASISTA welcomes these efforts, and we will be there each step of the way to help ensure a safer and more just America for survivors and for all immigrants. We are committed, as always, to keeping you informed about these issues in the days to come! Below please find a brief summary of executive actions on immigration, legislative proposals, and upcoming webinars.

I. Administrative Actions

A. Enforcement

Executive Order on the Revision of Civil Immigration Enforcement Policies and Priorities This executive order specifically revokes the Executive Order on Interior Enforcement issued by the Trump Administration on January 25, 2017 and directs federal agencies to take actions, including issuing revised guidance, to adhere to due process, protect national and border security, address the humanitarian challenges at the southern border, ensure public health and safety, and safeguard the dignity and well-being of all families and communities.
DHS Memo-Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Procedures . Yesterday, Acting DHS Secretary David Pekoske issued guidance to CBP, ICE, and USCIS to review enforcement-related policies and procedures, including detention, the exercise of prosecutorial discretion and policies on interactions with state and local law enforcement. The guidance institutes a 100 day moratorium on certain deportations while the review is being completed with certain limited exceptions. The guidance indicates that while the policy review is being completed, DHS’ enforcement priorities shall focus on those who pose a national security risk, individuals apprehended on or after November 1, 2020, and incarcerated individuals released on or after January 20, 2021 who have been convicted of an “aggravated felony,” as defined in the iNA at the time of conviction, and are determined to pose a threat to public safety. In addition, this memo specifically rescinds the 2018 Notice to Appear Guidance which has had a significant and direct impact on survivor-based immigration protections. The 2011 Notice to Appear Guidance now holds.

On Friday, January 22, 2021, the Texas Attorney General filed a lawsuit in the Southern District of Texas challenging the 100 day moratorium . We will keep you updated on this litigation as it progresses.

B. Affirmative Protections

Affirming DACA : The Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.
Liberian DED : Through this executive order, President Biden reinstated Deferred Enforced Departure (DED) for Liberians (who have a grant of DED as of January 10, 2021) extending protections and work authorizations until June 30, 2022.

C. Border Policies

Suspension of New Enrollments in the Migrant Protection Protocols (MPP) Program . DHS announced that it would stop new enrollments into the MPP program effective yesterday, January 21, 2021. This is a critical first step, but DHS has yet to issue further guidance for individuals currently enrolled in the MPP program. But also notes that nonessential COVID-related travel restrictions remain in place.
Halting Border Wall Construction : President Biden signed a proclamation terminating former President Trump’s 2019 Executive Order declaring a national emergency at the Southern Border. The Proclamation stops the allocation of funds and construction of the border wall at the Southern border and calls for an assessment of the legality of the funding used to construct the wall, and calls on the federal agencies to redirect funds and repurpose contracts currently allocated for wall construction .

D. Ending Muslim and African Travel Bans : On Wednesday, President Biden issued a proclamation rescinding the travel ban on Muslim majority and African countries, and calls on the State Department to expedite the cases of those seeking a waiver under the prior ban, create a process by which those visas that were denied under the ban may seek reconsideration, and that applicants for visas are not prejudiced as a result of a previous visa denial due to travel bans. This proclamation also calls for DOS and DHS to review screening and vetting procedures for those seeking immigrant and non immigrant visas and provide recommendations for improvement. It also calls on the Department of State to review of foreign government information-sharing practices to ensure accuracy and reliability, and that the agency reviews on the use of social media identifiers and whether this has improved screening and vetting. DOS has issued an initial statement on President Biden’s rescinding of the travel ban orders.

E. Executive Order on Advancing Racial Equity : This executive order calls on federal agencies to redress inequities in their policies and programs that serve as barriers to equal opportunity, including addressing access to benefits and government programs, and increasing engagement with underserved communities. Importantly, this Executive Order overturned the harmful Trump executive order prohibiting certain diversity training on racial and gender biases and disbanding the 1776 Commission.

F. Regulatory Processes

Regulatory Freeze : The Biden Administration issued a regulatory freeze which means that rules that have been published in the Federal Register but have not yet taken effect will be postponed for review. This includes recent EOIR proposed rules like good cause for continuances and motions to reopen.
Modernizing Regulatory Review : This executive order instructs the Office of Management and Budget (OMB) to review the regulatory process to provide recommendations on how the regulatory review process can “promote public health and safety, economic growth, social welfare, racial justice, environmental stewardship, human dignity, equity, and the interests of future generations.” In addition, it instructs OMB to come up with suggestions to “ensure that regulatory initiatives appropriately benefit and do not inappropriately burden disadvantaged, vulnerable, or marginalized communities.”

G. Ensuring a Lawful and Accurate Census : This executive order rescinds prior Trump administration actions on census data which excluded undocumented immigrants in consideration for the reapportionment of Congerssional representatives.

H. Upcoming Administrative Actions The administration has planned other executive actions on immigration next week (January 29th), including taking actions to restore U.S. asylum protections, review the public charge rule, strengthen refugee processing and create a task force on family reunification.

II. Legislative Proposals

President Biden has announced a comprehensive immigration bill, the U.S. Citizenship Act of 2021 which would extend legal status to undocumented individuals with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. This bill, sponsored by Senator Menendez in the Senate also creates immediate paths to permanent legal status for TPS holders, Dreamers, and farmworkers. In addition, the bill also takes efforts to streamline family immigration, address backlogs, and contain specific protections for immigrant survivors including tripling the U visa cap. For more information, see this comprehensive fact sheet here .

III. Policy Webinar: Immigration Policy Updates and the Impact on Survivors

ASISTA, together with our partners at the Alliance for Immigrant Survivors is hosting a webinar on Thursday, February 4, 2021 at 3pm ET to talk about these and other policy changes and proposals and their impact on protections for survivors of violence. Please join us for this important webinar to learn more about these recent developments and ways you can engage in advocacy efforts to enhance paths to safety and protection. Register here today !

As always, thank you for your incredible work on behalf of survivors and their families.

The ASISTA Team

Important Policy & Practice Updates

Sat, 16 Jan 2021 15:05:00 GMT

There have been many policy and practice updates over the last few weeks. We’ve compiled a short list of a few important updates to help you keep track.

For any questions about these announcements, please contact us at questions@asistahelp.org.

1. Upcoming Closures

USCIS temporarily suspends in-person services . USCIS announced Friday afternoon that it will temporarily suspend in-person services next Tuesday and Wednesday. USCIS issued the following notice :

“U.S. Citizenship and Immigration Services today announced it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19 and 20 to ensure the safety of our employees and individuals with appointments. USCIS will reschedule individuals who had appointments on Jan. 19 and 20 and send them notices with their new appointment dates. The USCIS website and USCIS Contact Center will remain available for information, case status updates, and other online tools and resources.”

EOIR closures: On Friday, January 15th, EOIR announced it will close immigration courts on Tuesday and Wednesday January 19 and 20 in certain cities where planned protests have been announced. The announcement was posted on Twitter , and states “Due to planned protests, the Arlington, Atlanta – Ted Turner Drive, Boston, Denver, Hartford, Phoenix, and Sacramento immigration courts will be closed Jan. 19 and Jan. 20. The Salt Lake City Immigration Court will be closed Jan. 20. Please monitor EOIR’s website for information about the agency’s operations nationwide.

2. USCIS Fee Rule Enjoined: On December 28, 2020, the government filed an unopposed motion for voluntary dismissal of its appeal in ILRC v. Wolf . This means that the increased fees and changes to fee waiver policies and procedures under the August 2020 rule will not be implemented by USCIS at this time. In addition, changes to the I-912 form initially proposed in September 2018 continue to be enjoined pursuant to cases City of Seattle v. DHS . Thus, USCIS will continue to accept current editions and fees, and adjudicate fee waivers according to guidance found in the Adjudicator’s Field Manual (AFM) Chapters  10.9  and  10.10 . (i.e. USCIS will accept fee waivers based on the three stated grounds of means-tested benefit, income at or below 150% FPG, and economic hardship.)

3.  Asylum Updates

Harmful Asylum Rule Blocked: On January 8, 2021, The U..S. District Court for the Northern District of California issued a preliminary injunction blocking a sweeping Trump administration rule that would gut protections for people fleeing persecution and torture. The case, Pangea Legal Services II v. Barr , was filed by organizational plaintiffs Pangea Legal Services, Dolores Street Community Services, Inc., Catholic Legal Immigration Network, Inc. (CLINIC), and Capital Area Immigrants’ Rights Coalition following the rule’s publication in December. The groups are represented by the Center for Gender & Refugee Studies, the Harvard Immigration and Refugee Clinical Program, and Sidley Austin LLP. For more information, see CGRS’ bilingual statement here .

Matter of A-B- On Thursday, January 14, 2021, Acting Attorney General Jeffrey Rosen issued a new ruling in Matter of A-B- , the asylum case that has been pivotal for survivors of domestic violence, gang violence and other abuses since its initial certification in 2018. Read more about this from our partners at the Center for Gender and Refugees Studies .

4. Receipt Notice Delays at USCIS Lockbox Facilities. In a notice to stakeholders late Friday January 8, 2021, USCIS acknowledged Receipt Notice delays and issues at all USCIS lockbox facilities (Chicago, IL, Phoenix, AZ and Lewisville, TX), “Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. The information below explains the current state of our lockbox operations and the issues affecting receipt notices.” USCIS recommends filing online where possible, creating a USCIS online account, and submitting Form G-1145 E-Notification of Application/Petition Acceptance. Because of these delays and the potential for receipt notice irregularities, we remind ASISTA members of these filing tips:

Submit all filings to USCIS using a trackable delivery method.
Track and maintain evidence of delivery confirmation for each case filing.
Check the filing date (and priority date, if applicable) on each I-797 receipt notice immediately upon receipt for any potential discrepancies.
For additional case practice tips, visit ASISTA’s Practice Advisory page . As always, if you have case-specific questions, please submit your technical assistance request through our members-only portal .

5. Is approval of TPS status an admission? The Supreme Court has agreed to consider whether approval of TPS status is an “admission” for purposes of adjustment of status under INA §245. In the underlying decision, the 3rd Circuit found that TPS is not an admission, siding with the 5th circuit and breaking from the 6th and 9th circuits which found that approval of TPS is an admission.

6. Automatic Extension of LPR cards: USCIS has recently changed procedures to automatically extend LPR cards – LPR cards will now be extended automatically for 12 months when an I-90 is filed. The extension will be noted on the I-797 receipt notices. This change came about as part of Ruiz v. DHS (CD Calif), a pending class action regarding the unavailability of I-551 stamps. The I-797 notices will be similar to those issued to extend conditional permanent resident status upon filing of form I-751. Huge thanks to ASISTA members representing the plaintiffs: Javier Maldonado, Stacy Tolchin, Megan Brewer, and Sabrina Damast!

7. EOIR Guidance on Continuances: EOIR issued new policy guidance on Continuances on January 7, 2021. This guidance contains a “non-exhaustive list of relevant legal and policy principles as an aid to adjudicators considering common types of continuance requests.” This guidance “encourages” adjudicators to consider EOIR’s new proposed rule on continuances for “helpful information” even though the proposed rule has not been finalized. ASISTA strongly opposes this new proposed rule (see our comment here ) and are deeply concerned about this language in the guidance.

ASISTA opposes harmful proposed DOJ rules

Mon, 04 Jan 2021 15:32:00 GMT

On December 28, 2020, ASISTA submitted two comments in response to two proposed Department of Justice, Executive Office of Immigration Review (EOIR rules) which would limit access to relief for immigrants with matters in Immigration Court, including survivors.

Defining “Good cause” for continuances: This new proposed rule severely limits motions to continue, which given the egregious backlog in USCIS processing, increases the risk that survivors are deported before their cases are decided. Read ASISTA’s comment in opposition here .
Limiting Motions to Reopen : This new proposed rule would limit motions to reopen and the issuances of stays of removal in immigration courts and before the Board of Immigration Appeals, placing survivors even further at risk. Read ASISTA’s comment in opposition here .

Both of these rules are not yet in effect, and are not likely to be finalized before January 20, 2021. We will continue to keep you informed about these rules, and others, as updates are available.

ICYMI (In Case You Missed It): Sharing Important Policy Updates

Thu, 24 Dec 2020 01:41:00 GMT

A lot has happened in the past week! We’ve compiled a short list of important updates to help you keep track.

1. Expansion of Filing Flexibility : On December 18, USCIS announced that it would continue its policy of flexible deadlines for requests, notices or decisions issued between March 1, 2020, and Jan. 31, 2021, inclusive. For more information, visit https://www.uscis.gov/about-us/uscis-response-to-covid-19

2. Important Update on Blank Space Policy Litigation : Good news in Vangala v. USCIS , the lawsuit that the National Immigration Litigation Alliance, Northwest Immigrant Rights Project, and Van Der Hout LLP filed last month, challenging USCIS’ blank space/rejection policy. USCIS has agreed to pause implementation of the rejection policy starting December 24, 2020; the parties will enter into negotiations to resolve the claims. NILA, NWIRP, and VDH will be reaching out as they begin discussing proposals as to how to identify applications that were previously returned under the rejection policies, as we seek to ensure that those affected have a mechanism to restore the original filing dates. If you received a rejection notice dated after December 24, 2020, you can contact counsel for plaintiffs at bspolicy@nwirp.org ASISTA is proud to support our partners in this important litigation.

3. Policy Manual Changes : Last month, USCIS announced several changes to the Policy Manual, including changes to assessments of discretion in adjustment of status cases , and determinations of lawful admission for naturalization . Along with partner organizations, ASISTA submitted comments in opposition to these policy changes which you can review here:

4. EOIR Comment Opportunities- deadlines December 28th : EOIR announced two proposed rules that would threaten the safety of survivors – including immigrant survivors – of domestic and sexual violence, human trafficking, and other gender-based abuses by drastically limiting their ability to seek continuances in Immigration Court, and to reopen prior removal orders. The Alliance for Immigrant Survivors (AIS) developed a template on these proposed rules and compiled additional resources, available here . Please voice your opposition to these harmful rules today!

5. Issuance of Final Regulations on Asylum, Admin Closure and more : DHS and DOJ announced they have finalized the exceedingly harmful asylum rule which will be effective next month. This new rule decimates asylum options for survivors of gender based violence. Read AIS alert here . Several lawsuits have recently been brought in response to this harmful rule, including those brought by Lamda Legal, Immigration Equality and Kramer Levin Naftalis & Frankel LLP and Human Rights First . In addition, four organizations-Pangea Legal Services, Dolores Street Community Services, Inc., Catholic Legal Immigration Network, Inc. (CLINIC), and Capital Area Immigrants’ Rights Coalition – filed a complaint in the Northern District of California challenging this sweeping new rule. They are represented by the Center for Gender and Refugee Studies, the Harvard Immigration and Refugee Clinical Program, and Sidley Austin LLP.

In addition, DOJ finalized their harmful rule on administrative closure as well as the EOIR fee rule. ASISTA remains deeply opposed to these rules and will keep you informed of advocacy efforts as they develop. Read more here .

From all of us at ASISTA to all of you, we wish you a happy and healthy start to 2021, and look forward to continuing our work together in the new year!

Joint Comment in Opposition to Policy Manual Chapter on Discretion in Adjustment of Status (submitted with Americans for Immigrant Justice, Asian-Pacific Institute on Gender-Based Violence (API-GBV), Ayuda, Immigration Center for Women and Children. National Immigrant Justice Center, Nebraska Coalition to End Sexual and Domestic Violence, NIWAP, Inc., Tahirih Justice Center and Andrea Ramos, Southwestern Law School Immigration Law Clinic
ASISTA Comment in Opposition to Policy Manual Chapter on Lawful Admission for Naturalization

www.asistahelp.org
Our mailing address is:
PO Box 12, Suffield, CT, 06078

Immigration Attorney & ASISTA Board Member Leta Sanchez: The importance of the work we do together.

Mon, 21 Dec 2020 04:43:00 GMT

(Please know the video does discuss an episode of violence.)

Policy Update: Two New Final Rules Weaken Access to Immigration Relief

Fri, 11 Dec 2020 19:19:00 GMT

Today, the Department of Justice (DOJ) and Department of Homeland Security (DHS) published a new rule that makes sweeping and devastating changes to asylum. This rule would deny the vast majority of asylum-seekers – including survivors of gender-based violence – the chance to make their case for protection, let alone to have a fair day in court. As ASISTA’s comment to the rule shows , this new asylum rule uniquely harms those fleeing gender-based violence and persecution and ruthlessly diminishes the rights of all asylum seekers to apply for and receive full and fair consideration of their cases. It is scheduled to take effect on January 11, 2021.

In addition, DOJ has also released a new rule , to be published on December 16, 2020 which if implemented will decimate the availability of administrative closure in Immigration Court proceedings. Administrative closure is a critical docket management tool commonly utilized to ensure that applicants, including survivors, have an opportunity to have their cases decided by the U.S. Citizenship and Immigration Service (USCIS) before their immigration court matter is concluded. ASISTA strongly opposes this rule , which is set to take effect January 15, 2020.

ASISTA supports the efforts to challenge these new rules, and will stand with our partners to ensure the Biden-Harris administration safeguards due process and paths to safety and security for immigrant survivors of violence.

To learn more, read this Immigration Impact blog post and read statements from our partners Center for Gender and Refugee Studies and the Tahirih Justice Center .

New Practice Advisory: Insight into USCIS’s Application of the “No-Blanks” Policy to U-Visa Petitions

Mon, 23 Nov 2020 15:39:00 GMT

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.

This advisory contains a summary of the records USCIS released through the FOIA litigation , as well as a detailed explanation of what USCIS considers to be required fields. In addition, the advisory works through how practitioners can use this information when advocating with USCIS and other strategic considerations for addressing rejections based on USCIS’s “no-blanks” policy. Highlights include:

We are grateful to the tremendous contributions of Kyle Dandelet (Cleary Gottleib, Chair of the AILA VAWA, U and T Committee), Joy Ziegeweid (DVP), Amy Cheung (ASISTA) and Sharvari Dalal-Dheini (AILA) to this advisory.

USCIS has issued two primary guidance documents to aid the mailroom in assessing U visa forms: A Standard Operating Procedures (SOP) guide and a color-coded form. However, the SOP and the color-coded form are sometimes inconsistent with each other.
Due to the blank spaces policy, USCIS rejected 98% of all I-918s submitted between December 30, 2019 and January 17, 2020.
As of October 9, 2020, USCIS has not issued an SOP or color-coded form to reflect the application of the no-blanks policy to I-918 Supplement Bs.

Look what you helped us do!

Thu, 19 Nov 2020 21:08:00 GMT

Look what you helped us do!

Post-Election Greetings from our New Executive Director

Thu, 12 Nov 2020 23:52:00 GMT

Greetings from ASISTA’s new Executive Director Kirsten Rambo!

In Harm’s Way

Tue, 20 Oct 2020 12:13:00 GMT

In observance of Domestic Violence Awareness Month, we are re-releasing our report, co-authored by Immigrant Legal Resource Center (ILRC) “In Harm’s Way,” that details how current federal policies are not protecting immigrants suffering from domestic violence. We can, and must, do better to give immigrants full protection from domestic violence. Read our report here -> https://www.ilrc.org/in-harms-way-report

ASISTA Opposes Harmful Proposed Rule Expanding Biometric Collection & Surveillance

Wed, 14 Oct 2020 18:02:00 GMT

On October 13, 2020, ASISTA submitted a comment in response to USCIS harmful new proposed rule that would pose significant privacy, confidentiality and safety implications for immigrant survivors of domestic and sexual violence, human trafficking, and other gender-based abuses.

The proposed rule would change, among other things:

Read ASISTA’s comment in opposition to this harmful rule below.

Drastically increase the types of biometric information collected from those who interact with DHS, even U.S. citizens, who are filing or associated with an immigration benefit, request, or enforcement, to include iris images, palm and voice prints, and DNA
Change evidentiary requirements for VAWA Self-Petitioners and T visa holders applying for their green card as evidence of good moral character.
Unlawfully expand the “lookback” period of good moral character determinations for VAWA self-petitions and T adjustment applications
Eliminate the presumption of good moral character for those under 14 years old who are seeking status as VAWA Self-Petitioners and T visa adjustment.
Creates harmful “continuous vetting” procedures in which individuals may “be subjected to continued and subsequent evaluation of eligibility for their immigration benefits to ensure they continue to present no risk of causing harm subsequent to their entry.”

Updated Practice Advisory: Status of USCIS Fee Rule

Tue, 13 Oct 2020 14:08:00 GMT

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.

New Practice Advisory: Requesting Congressional Liaison Assistance

Wed, 30 Sep 2020 15:46:00 GMT

When case issues arise with DHS and your inquiries go unanswered, Congressional liaisons may be able to help. This advisory contains helpful tips for making effective Congressional liaison assistance requests.

ASISTA Announces New Executive Director

Thu, 17 Sep 2020 18:44:00 GMT

The Board of Directors of ASISTA Immigration Assistance is thrilled to announce the appointment of Dr. Kirsten Rambo as Executive Director, effective October 5, 2020. See statement here!

ASISTA statement on Medical Abuse and Neglect in Immigration Detention

Thu, 17 Sep 2020 01:46:00 GMT

ASISTA, like you, is horrified at the allegations of medical abuse and neglect inflicted on women in immigration custody. As we support our partners in ensuring that these atrocities are investigated immediately, we are grateful for the relentless work of these organizations on the ground: Project South , Georgia Detention Watch , Georgia Latino Alliance for Human Rights , and South Georgia Immigrant Support Network . We are also grateful for the brave efforts of nurse Dawn Wooten, who brought these horrific abuses to light.

The abuse detailed in the complaint filed with the Office of the Inspector General fits a pattern of racist mistreatment that is endemic in immigration detention centers. Immigration and Custom Patrol (ICE) has proven, again and again , that they do not prioritize the health and safety of people in detention, which has only worsened during the COVID-19 crisis. These most recent allegations in this complaint demonstrate that immigration detention centers are a breeding grounds for violence, abuse and neglect. Immigration officials have been accused of rape inside detention cells, filmed women as they showered, and threatened victims in their custody with deportation if they spoke out about the sexual abuse they experienced.

We demand justice and accountability. The only way to keep detained individuals safe during a global pandemic is to release them. We all need to speak out now. By coming together and using our collective power, we can hold ICE accountable and start building a society free from this Administration’s cruelty—where families aren’t separated, and immigrants are treated with dignity and respect.

What can you do?

These are two concrete ways to join in a unified response:

In solidarity,

ASISTA

1. For All:

2. For Attorneys & Accredited Representatives:

Sign the Families Belong Together Pledge to commit to the fight in order to liberate families and end these outrageous and systematic abuses.
Call your Representatives and Senators now!

Capitol Switchboard: (202) 224-3121
Script: “My name is ________ and I am a constituent of your district. I demand that you take immediate action to investigate all allegations of abuse at Irwin County Detention center, including unnecessary hysterectomies performed on immigrant women as well as violations of COVID-19 guidelines.”

Has your client suffered medical abuse/neglect in detention? AILA National EOIR/ICE Joint Liaison Committee is gathering data on inadequate medical care in all facilities used for ICE detention and feedback on continued detainee transfers and lack of proper COVID-19 testing. Please fill out the form ASAP .
Attorneys should rescreen cases for medical abuse and contact tovia@domesticworkers.org to connect to physicians willing to review medical records pro-bono ; please include the specialty needed and they will connect to the right folks.
If you are an ASISTA member with a client who is a crime victim as a result of their treatment in ICE detention and need assistance with case strategy, please use our technical assistance request form and one of our attorneys will be happy to assist.

ASISTA Practice Pointer: DHS Freedom of Information Act Requests (August 31, 2020)

Thu, 10 Sep 2020 21:33:00 GMT

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 .

El Diario de El Paso Article on the sexual assault of immigrant victims and harassment by guards at an ICE detention facility in El Paso.

Wed, 19 Aug 2020 04:15:00 GMT

We stand with ASISTA member organization, Las Americas Immigrant Advocacy Center, as they advocate for immigrant victims of sexual assault and harassment by guards at an ICE detention facility in El Paso. Laura Flores Bachman, Senior Legal Counsel with ASISTA, was quoted in this article about these heinous acts, “We believe sexual assaults in ICE facilities are crimes that are all too often unchecked given the deep vulnerability and isolation of detained immigrant women. We are hopeful that both local and federal officials will conduct a thorough investigation into these serious allegations and put an end to victims’ unabated suffering in the shadows of ICE detention.” See article here

New USCIS Fee Rule & the Impact on Survivor-based Immigration Relief

Sat, 15 Aug 2020 23:32:00 GMT

On August 3, 2020, USCIS published the final fee rule which is set to go into effect on October 2, 2020. This new rule increases the fees for commonly used forms as well as limits the criteria for fee waivers. This advisory discusses the provisions of the rule most relevant to survivor-based forms
of immigration relief and will be updated as advocacy efforts progress and more information becomes available.

Newsy Article on how USCIS is Rejecting Applications with Blank Spaces

Sat, 15 Aug 2020 04:07:00 GMT

ASISTA Policy Director Cecelia Friedman Levin weighing in, “We’re calling for a way that when these sorts of policy changes occur, that people are informed [and that] any changes in these processes don’t impact due process”. See article here.

ALERT: Upcoming Changes to USCIS I-765 & I-765WS Forms

Fri, 14 Aug 2020 18:56:00 GMT

In an effort to help our members avoid filing rejections for work authorization applications, we want to make sure everyone is aware of the upcoming changes to the I-765 and I-765WS forms.

USCIS has updated Forms I-765 and I-765WS . The new editions of the Application for Employment Authorization and Worksheet will go into effect on August 25, 2020 .

The new I-765 and I-765WS will go live on August 25, 2020 as follows:

Note : The content in this alert may evolve in the next two weeks. Changes to the forms are based on the recently published USCIS final rules on work authorization for asylum seekers. There is pending federal litigation challenging the implementation of the rules, which includes a motion for preliminary injunction to enjoin the implementation of the rules pending the outcome of the litigation.

USCIS will continue to accept the current forms edition dated 12/26/2019 only if your filing is postmarked before August 25, 2020.
USCIS will only accept the new 8/25/2020 edition for filings postmarked on or after August 25, 2020.

146 Organizations Call on USCIS to Stop Rejecting Applications for Blank Fields on Forms.

Fri, 14 Aug 2020 15:16:00 GMT

On August 13, 2020, ASISTA together with the American Immigration Lawyers Association (AILA) , Freedom Network USA and the Tahirih Justice Center joined over 140 national, state, and local organizations called on USCIS to stop its harmful policy of rejecting applications for blank fields on forms. Currently, this policy applies to asylum seekers, as well as U and T visa applicants, all forms of relief for vulnerable populations. We call on USCIS to end this harmful policy that causes needless barriers for applicants, the advocates who serve them, as well as U visa certifying agencies.

WaPo Article on USCIS’ Harmful Policy of Rejecting Applications for Blank Fields

Fri, 07 Aug 2020 18:04:00 GMT

ASISTA Policy Director Cecelia Friedman Levin weighs in on this harmful processing policy and how USCIS is egregiously limiting immigration relief for vulnerable applicants through needless red tape. See article here

ASISTA’ s Virtual Training: “From RFE to Federal Court: Latest Strategies in Defending Survivors During the Time of COVID”

Thu, 09 Jul 2020 14:09:00 GMT

For those of you who missed our online training, “From RFE to Federal Court: Latest Strategies in Defending Survivors During the Time of COVID,” the recordings are now available for purchase. Because we ran the online training twice, you will receive two versions of the training, whether you buy all sessions, or choose individual sessions for purchase!

Recordings Now Available!

Access the ASISTA ONLINE STORE to review product details and complete your purchase!

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

Tue, 07 Jul 2020 17:04:00 GMT

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.

New Report by ASISTA and ILRC – In Harm’s Way: The Impact of President Trump’s Actions on Immigrant Survivors of Gender Based Violence

Wed, 03 Jun 2020 17:31:00 GMT

Check out this report from ASISTA and Immigrant Legal Resource Center (ILRC) examining Trump’s harmful immigration policies and the impacts they are having on survivors of gender-based violence.

https://www.ilrc.org/in-harms-way-report

ASISTA Amicus 9th Circ. U Spouses (May 28, 2020)

Mon, 01 Jun 2020 21:52:00 GMT

ASISTA argues that DHS regulations prohibiting U visas for after-acquired spouses of crime victims violates the Congressional goals of the U visa law. See Amicus here .

Updated COVID-19 Practice Pointer: Filing Deadlines for RFEs, NOIDs, NOIRs and I-290Bs (Current as of May 18, 2020)

Thu, 21 May 2020 13:29:00 GMT

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 .

To download the advisory in Word version, click here .

ASISTA Press Release: ASISTA Files FOIA Lawsuit Demanding Information about USCIS’s Use of Discretion in Green Card Applications for Crime Victims

Mon, 18 May 2020 19:40:00 GMT

FOR IMMEDIATE RELEASE: May 19 2020

Contact: Ahlam Moussa

On Thursday, April 30, ASISTA and the Immigration Center for Women and Children (ICWC) filed a lawsuit in the Northern District of California demanding that USCIS and DHS disclose information requested related to their exercise of discretion in adjudicating adjustment of status (green card) applications by crime victims who have been granted a U visa.

The bipartisan U visa program was created by Congress in 2000 to provide a path to legal immigration status for noncitizen survivors of crimes who are helpful in the investigation or prosecution of the crimes against them. A key component of the U visa program is that if USCIS approves the U visa, the crime survivor can eventually apply for permanent residence (green card).

Over the past two years, immigration lawyers have noticed an alarming increase in USCIS’s requests for documents related to crime victims’ criminal history even where they had never been charged or convicted of any crime or where the underlying conduct had already been disclosed and waived during the U visa filing process. In some cases, USCIS has used these documents to deny the adjustment application. This new practice, coupled with USCIS’s refusal to publicly share the agency’s adjudications guidance and criteria, has left crime victims and their families, along with their representatives, uncertain about how USCIS is deciding these applications.

ASISTA and ICWC, which are represented pro bono in this suit by Van Der Hout LLP, filed a Freedom of Information Act (FOIA) request seeking information on USCIS’s policies on these practices on November 22, 2019, which USCIS has failed to answer. We have now filed suit to force USCIS to comply with its obligation to respond to our FOIA request.

Gail Pendleton, Executive Director of ASISTA states: “Survivors of crime deserve transparency and accountability from USCIS. This new policy is one more strategy in this Administration’s ongoing war against immigrants and is a blatant attempt to undercut Congress’s bipartisan efforts to protect crime victims.”

A copy of the filing is available here .

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)

Wed, 13 May 2020 14:00:00 GMT

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.

This project is supported by Grant No. 2017-TA-AX-K061 awarded by the United States Department of Justice, Office on Violence Against Women. The opinions, findings, and recommendations expressed in this document are those of the author(s) and do not necessarily reflect the views of the United States Department of Justice, Office on Violence Against Women.

ACTION ALERT: Organizing Local Allies

Tue, 28 Apr 2020 17:32:00 GMT

COVID-19 is exacerbating the already tremendous barriers survivors face in accessing safety and secure status. Although we are pushing Congress to change its policies to recognize COVID’s impact on survivors and their ability to file paper, get work authorization extensions, etc., we need your help educating your Members of Congress .

What can you do?

ASISTA Statement on April 22nd Executive Order

Thu, 23 Apr 2020 16:33:00 GMT

Date: April 23, 2020

Media Contact: Ahlam Moussa, ASISTA, ahlam@asistahelp.org

ASISTA denounces President Trump’s new executive order temporarily limiting entry for individuals outside the US seeking permanent residency, as it only serves to sow hatred and create division. It needlessly separates families, including certain family members of survivors .

The United States is in the middle of a global public health crisis, which has affected over 800,000 individuals and caused over 44,000 deaths nationwide. Instead of correcting its failures managing the COVID-19 pandemic, the Administration continues its familiar tactic of divide and distract by needlessly scapegoating immigrants.

This order comes as the Administration continues to put asylum seekers lives at risk at the border , continues to risk lives by sustaining its enforcement and detention activities , and continues to cause hardship for immigrants who are filing for immigration relief .

ASISTA is proud to stand with the millions of immigrants on the front lines working to protect this country during this unprecedented crisis. We call on the Administration and Congress to focus its efforts on combating the COVID-19 virus instead of xenophobic political plays serving only to create division and distraction.

Impact of Latest Executive Order on Survivor-based Forms of Immigration Benefits

Thu, 23 Apr 2020 16:27:00 GMT

by: Cecelia Friedman Levin, ASISTA Policy Director with Grace Huang, Policy Director, Asian Pacific Institute on Gender-based Violence

Yesterday, President Trump signed an executive order temporarily halting entry of certain individuals seeking to enter the U.S. on immigrant visas (as permanent residents) for 60 days. The order will be effective as of 11:59 pm ET on April 23, 2020.

The order covers ONLY those who are:

The order lists the following categories as exemptions:

Who is impacted?

The executive order would cover the following categories of individuals seeking to enter the United States on an immigrant visa

These categories of individuals would not be able to obtain visas to enter for at least the 60 day period of the order. Even those family members who have a valid visa but do not also have a valid travel document would not be able to enter the United States unless they fall under one of the noted exceptions. The Migration Policy Institute estimates this order would block about 26,000 green cards a month or 52,000 over the 60 days of the proclamation. The impact of the executive order would be increasingly more significant if the Administration were to extend it beyond this initial 60 day period, and could impact over 350,000 green card cases per year.

With regard to survivor-based relief under the Violence Against Women Act (VAWA) or the Trafficking Victims Protection Act (TVPA), the following could be directly impacted by the order if they are abroad and seeking to enter the U.S under the following categories:

Who is not impacted by this order?

USCIS will continue to accept and process applications and petitions, and the executive order does not change that. Keep in mind that USCIS has temporarily suspended in-person services through at least May 3, 2020, including in-person interviews and biometrics processing, though the agency will provide emergency services for limited in-person situations. The executive order does not impact survivors who are applying for immigration benefits like VAWA self-petitions or for a U or T visa or other forms of adjustment of status that are currently inside the United States .

The executive order does not completely stop all immigration into the United States; it does not apply to those individuals who are abroad seeking to enter on nonimmigrant visas, this includes U and T visas, which are a nonimmigrant classification status. However, the executive order does contain instructions to DHS and the Department of Labor (DOL) to consult with DOS within the next 30 days to “review nonimmigrant programs” and make recommendations regarding how to “stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” So, it is likely that other forms of nonimmigrant status may come under additional review at a later date.

The U.S. Department of State has already suspended routine visa services worldwide and consulates are subject to local government restrictions. During the COVID-19 crisis, consulates are providing emergency and “mission critical” services, including for medical professionals , and H-2 visa holders. Thus under the current policy, It is unlikely that the consulates would be processing immigrant visas based on VAWA relief during the COVID-19 crisis unless it is emergency processing.

Bottom line:

As advocates, it is important to be messengers to survivors we serve to let them know that it is unlikely this executive order would impact the processing of applications like VAWA self-petitions, U and T visas if they are applying from here in the United States.

Please do reach out to ASISTA if you have any questions about this executive order and its impact on the survivors you serve. For technical assistance questions, please click here or contact questions@asisthelp.org

Additional resources:

outside the United States;
do not have an immigrant visa that is valid as of 11:59 pm ET on April 23, 2020 and
do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid as of 11:59 pm ET on April 23, 2020 or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

Legal Permanent Residents;
Spouses and minor children of U.S. citizens (those under 21), including prospective adoptees;
Members of the U.S. military and their spouses and children;
Medical health professionals seeking to assist with COVID-19 response or
those coming to perform “work essential to combatting, recovering from or otherwise alleviating the effects of COVID-19 and their immediate relatives (spouses, unmarried children under 21). This designation will be determined by the Department of Homeland Security (DHS) and Department of State (DOS).
Employment Based immigrant investors
Afghani or Iraqi interpreters or others who have worked for US government
Others designated by State Dept, DHS whose entry is in the national interest or whose entry would further important law enforcement objectives in the United States.

parents and adult children (over 21) of U.S. Citizens,
spouses and children of green card holders;
diversity visa applicants
Most immigrant visas based on employment

An approved I-929 Petition for Qualifying Family Member for U-1 Nonimmigrant
An approved VAWA self-petition based on abuse by a LPR spouse or parent
An approved VAWA self-petition based on being an abused parent of an abusive U.S. Citizen son or daughter.

USCIS must do more to protect immigrant survivors

Wed, 08 Apr 2020 15:32:00 GMT

On April 7, 2020, ASISTA supplemented its initial letter to USCIS regarding its recommendations in light of the Coronavirus Disease 2019 (COVID-19) global pandemic. Immigrant survivors of domestic violence, sexual assault, human trafficking and other serious crimes already face myriad barriers accessing services and assistance, and these barriers have been exacerbated during this unprecedented emergency. We call on USCIS to take additional steps to ensure that survivors can fully access protections during this COVID-19 crisis.

Read ASISTA’s supplemental letter here .

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

Thu, 02 Apr 2020 22:51:00 GMT

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 meeting deadlines during this national emergency. We encourage you to also visit ASISTA’s COVID-19 Resource Page and that of our partners, CLINIC and CAST .

ASISTA calls on USCIS to Ensure Survivors have Continued Access to Immigration Benefits.

Tue, 24 Mar 2020 22:21:00 GMT

On behalf of ASISTA organizational and individual members nationwide, ASISTA expressed our concerns regarding the impact of the Coronavirus Disease 2019 (COVID-19) on USCIS’ survivor-based benefits operations. ASISTA called on USCIS to adopt measures that address the additional limitations faced by immigrant survivors’ of domestic violence, sexual assault, human trafficking and other serious crimes.

Read ASISTA’S letter here.

Current Job Opportunity: Executive Director

Mon, 16 Mar 2020 19:28:00 GMT

ASISTA ( https://asistahelp.org ) is looking for a new Executive Director followingthe retirement of its co-founderand Executive Director, Gail Pendleton, in the fall of 2020. ASISTA’s mission is to advance the dignity,rights, and liberty of immigrant survivors of domestic and sexual violence. TheExecutive Director will report to ASISTA’s 7-member Board of Directors. ASISTA has an annualbudget of approximately $650,000 and a talented staff of six, including fourattorneys. Candidates do not need to be attorneys.

We are looking for our next bold and dedicated leader and advocate who will champion our efforts on behalf of immigrant survivors of gender-based violence. The candidate should have a minimum of 10 years of experience in gender-based violence, gender justice, immigrant rights or related fields including at least 7 years in a senior leadership role. Our preferred candidate has extensive fundraising experience, including a track record of raising significant funds from foundations, the government, and individual donors. This candidate must also have significant financial management expertise, experience leading strategic and programmatic planning efforts, and experience hiring and managing a diverse staff. Candidates should have substantial experience in coalition building and the ability to travel 25% of the time in order to represent ASISTA.

ASISTA operates in a remote office environment. The new Executive Director’s location is flexible though it is preferable if they live on the East Coast. The salary range for this role, depending on experience and location, is between $115,000-$130,000. ASISTA provides a generous benefits package.

To access the full job description, click here .

Applications are due by April 30 ^th , 2020.

For more information, please email careers@asistahelp.org

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

Fri, 06 Mar 2020 20:26:00 GMT

__________________________________________________________________________

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 administration’s war on immigrants. In our highly interactive training, panelists will use case examples to analyze options for responding to RFEs and filing motions and appeals to USCIS in the U, T, and VAWA contexts, explore ideas for presenting effective requests for administrative stays, discuss options for removal proceedings post-Mayen, dissect litigation strategies to protect clients from unlawful agency action, and share real-life examples of how attorneys can partner with allied professionals to better serve immigrant survivors.

Panelists will include national and local experts ready to take your questions and support you with your cases!

Stay tuned for agenda and speaker info, coming soon!

Prices

● $250 Legal Worker/Non Profit (includes ASISTA members who are non profits)

● $350 ASISTA or NIPNLG Member

● $500 Private Attorney

CLE: 6.25 hrs of MI and CA CLE credit will be applied for separately.

Questions: please contact ahlam@asistahelp.org

Note : To see details on this years FBA conference (May 15-16), click here . To see details on this years AILA conference (June 17-20), click here .

Not an ASISTA member, JOIN NOW

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!

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

Thu, 05 Mar 2020 19:20:00 GMT

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.

Hernandez v. Mesa Ruling

Fri, 28 Feb 2020 02:04:00 GMT

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 the need to have recourse against such devastating violence. To see the amicus brief, click here and for the decision click here .

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

Thu, 27 Feb 2020 23:16:00 GMT

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. In addition, we ask your help with story collection for our advocacy purposes.

Please contact questions@asistahelp.org with any questions or concerns about this practice update.

Option 1-General Story Collection : Please send ASISTA your case example by filling out this form . This form does not require client identifiers.
Option 2-Liaison Assistance : If your client would like for ASISTA to send your case example to USCIS Office of Policy and Strategy, DHS Office of Civil Rights and Civil Liberties and the CIS Ombudsman, please fill out the form below and email it to cecelia@asistahelp.org . Please submit:
A filled out ASISTA Case Liaison Form (accessible here )
An unredacted copy of the front page of the rejection notice, and the front page of the I-918 form with the receipt date stamp.

Safe Horizon and ASISTA File FOIA Request Seeking Immigration Policy Data Related to U-Visa Adjudications

Tue, 25 Feb 2020 20:10:00 GMT

(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 by a bi-partisan congress in 2000 to protect immigrant victims of serious crimes who assist law enforcement in detecting, investigating and prosecuting crime. Beginning in 2018, Safe Horizon’s Immigration Law Project and ASISTA observed a shift in USCIS’s adjudication of U-visa petitions and U-visa permanent residence applications for applicants with prior contact with law enforcement. Safe Horizon’s Immigration Law Project and ASISTA observed an increase in USCIS requests and reliance on copies of applicants’ arrest records even where charges were never filed, charges were dismissed, and/or where the records were sealed. Prior to this time, USCIS generally accepted certified copies of a certificate of disposition.

USCIS has not issued any revised practice or policy information regarding this shift. As a result of the paucity of public information, many members of the public, including immigration lawyers, advocates for noncitizens, social workers, and law enforcement personnel, lack an understanding of the current practice and policy governing U-visa adjudications, the rationales that underlie it, and how to develop best practices for their work.

Safe Horizon and ASISTA requested records relating to USCIS’ policy on the adjudication of U-visa petitions and applications for adjustment of status based on an underlying U-visa from 2015 to present. Safe Horizon and ASISTA also requested USCIS policies from 2015 to present on the relevance of an applicant’s prior contact with law enforcement in the adjudication of U-visa petitions and applications for adjustment of status based on an underlying U-visa.

“This data is needed to provide a minimum level of transparency on USCIS’ practices as it relates to a critical form of immigration relief for survivors of violence and abuse,” said Evangeline M. Chan, Esq., Director of Safe Horizon’s Immigration Law Project.

Laura Flores Bachman, ASISTA Senior Legal Counsel said, “As leading advocates for immigrant survivors of violence, ASISTA has seen a significant shift in the way USCIS is adjudicating U visa petitions and U visa permanent residence applications. The documents we requested from USCIS will hopefully shed light on the way the agency has shifted its focus in these adjudications, creating more obstacles for immigrant survivors of sexual assault, domestic violence, human trafficking and other serious crimes.”

Attorneys from Gibson Dunn & Crutcher LLP are representing Safe Horizon and ASISTA on a pro bono basis in this FOIA request.

A copy of the FOIA request can be found here .

USCIS’ New Policy on Application Forms Harms Survivors

Fri, 14 Feb 2020 04:20:00 GMT

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 resources for service providers and U visa certifying agencies. We call on USCIS to immediately withdraw the announcement and to accept and receipt in all I-918 applications that were rejected pursuant to the I-918 Alert and restore their initial filing date nunc pro tunc .

A recent Washington Post article focuses on the impact this new policy has on immigrant survivors of violence. Read more here .

ASISTA Press Release: ASISTA Files Lawsuit Challenging Harmful ICE Policies Which Put Victims of Crime at Higher Risk of Removal

Thu, 13 Feb 2020 20:04:00 GMT

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 in Connecticut to challenge the legality of this policy and to show the harm it presents to victims who are U visa petitioners nationwide.

ASISTA challenges this policy based on the fact that Acting ICE Director Matthew Albence, who signed off on this new ICE Directive, was serving illegally in violation of the Appointments Clause of the Constitution and federal statutes. The law requires that the Director of ICE be confirmed by the Senate; however, there has not been a Senate-confirmed ICE Director for more than three years now. ICE must be held accountable for violating the law, and for creating barriers for immigrant survivors of violence seeking protection and relief.

Gail Pendleton, Executive Director of ASISTA states, “This new policy is an egregious attack on due process. It serves as another example of this Administration’s attempt to erode, through policy changes, the bipartisan protections Congress created and expanded for immigrant survivors over the past 25 years. Deporting survivors of rape, kidnapping, domestic violence and other serious crimes who help law enforcement makes our communities much less safe.”

Cecelia Friedman Levin, ASISTA’s Policy Director states, “This new ICE policy exposes immigrant survivors of crime who come forward to help law enforcement to precisely the risk they sought to avoid and from which a bipartisan majority in Congress sought to protect them.”

BACKGROUND

The new ICE policy changed the process and criteria by which ICE would consider a “stay of removal” for victims of crime who are eligible for U visas. The bipartisan U visa program was created by Congress in 2000 to provide a path to legal immigration status for noncitizen survivors of crimes who are helpful in the investigation or prosecution of the crimes against them.

The new ICE guidance eliminates important procedural safeguards, which will lead to an increased risk that survivors will be deported before their cases are decided. Unlike the prior policy which encouraged stays of deportation for U visa applicants for meritorious applications, this new guidance leaves decisions up to individual ICE officers to consider the “totality of the circumstances” including evaluating “any federal interests implicated” in deciding whether halting deportation is appropriate. This new vague standard creates inconsistent and arbitrary results for survivors with pending U visa matters.

A copy of the filing is available here .

See Latest Filings: Memo in Support of Summary Judgment here , and Plaintiffs’ Statement of Material Facts here , filed on 5/26/2020

________________________________________________________________________________

ASISTA, PO Box 12, Suffield, CT, 06078 www.asistahelp.org

ALERT: ASISTA submits Amicus on Erosion of Continuances and Admin Closure for Survivors of Violence

Wed, 12 Feb 2020 20:34:00 GMT

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 Center (NIJC), Kentucky Coalition Against Domestic Violence, Ohio Domestic Violence Network, and Tennessee Coalition to End Domestic and Sexual Violence. We are grateful to our allies for helping protect and advance the rights of survivors.

Special thanks to Grace Huang, Chuck Roth, Elissa Steglich, Russell Abrutyn, Sabrina Damast and Patrick Taurel for their prompt and sage feedback. Thank you are also to Lily Axelrod of Siskind Susser PC for stepping in to serve as co-counsel for amici organizations.

To download the brief in Word version, please click here

ASISTA Practice Advisory: The Impact of Matter of N-L-Y-, 27 I&N Dec. 755 (BIA 2020)

Tue, 04 Feb 2020 21:11:00 GMT

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.

Advocacy Update: New Survivor-Focused Amicus Brief Submitted in Fee Waiver Litigation

Sat, 25 Jan 2020 03:34:00 GMT

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 trafficking and other crimes.

ASISTA was joined in this brief by the Asian Pacific Institute on Gender-based Violence (API-GBV), Casa de Esperanza: National Latin@ Network for Healthy Families and Communities, Freedom Network USA, Futures Without Violence, Her Justice, the National Alliance to End Sexual Violence, the National Coalition Against Domestic Violence, the National Network to End Domestic Violence, the National Resource Center on Domestic Violence and the Tahirih Justice Center.

We are grateful to and for the tremendous efforts of Gibson Dunn for their pro bono representation. Special thanks to Stuart Delery, Katherine Marquart, Laura Sturges, David Schnitzer, Cassarah Chu, Teddy Kristek, and Taonga Leslie for their diligent and thoughtful work.

Learn more about ASISTA’s fee waiver advocacy work here .

ASISTA Opposes Harmful Asylum Bars

Thu, 23 Jan 2020 05:10:00 GMT

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 .

Practice Update: USCIS Form Alert: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status

Thu, 16 Jan 2020 19:16:00 GMT

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:

With this alert, USCIS continues its draconian agenda of limiting access to protections for the most vulnerable. USCIS has unjustly singled out U visas applicants as it has in the past with asylum seekers . ASISTA will vehemently push back against this change in procedure. and we will provide updates as they become available. In the interim, ASISTA has developed the following practice pointers to minimize the risk of rejection.

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 as fields you should only complete if you answered yes to a previous question. You must provide a response to all other questions, even if the response is “none,” “unknown” or “n/a.” We will reject a Form I-918 or a Form I-918 Supplement A that has, for example, an empty field for middle name, for current immigration status, or for information pertaining to a spouse or child.

Amicus Brief VAWA Joint Residence (December 27, 2019)

Fri, 10 Jan 2020 15:43:00 GMT

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 brief. Click here to download the amicus brief in Word version.

ASISTA Comment on USCIS’ Harmful Proposed Rule on Fees

Mon, 06 Jan 2020 16:39:00 GMT

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 .

2019 in Review

Sat, 28 Dec 2019 15:42:00 GMT

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 .

Good News from the 9th Circuit on the reviewability of U visa denials!

Tue, 17 Dec 2019 12:58:00 GMT

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 U visa petition denials:

“The discretionary denials are difficult in light of 242(a)(2)(B), and probably not challengeable in many courts. Arguably, however, a “discretionary decision” that fails to apply governing standards or fails to follow governing precedent decisions is not really a “discretionary decision” and should be reviewable. A good case is Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003) “

This decision is encouraging as ASISTA works with attorneys across the country to bring APA suits against DHS on various issues involving survivors’ access to immigration benefits. We encourage anyone interested in representing their clients before federal courts on U visa/VAWA/T visa benefits to contact ASISTA’s Litigation Counsel, Sejal Zota , for support and mentorship. You can also contact us to join our U Visa Litigation listserve where practitioners come together to share invaluable litigation strategy.

Congratulations to Henry Cruz on this great win!

Fee Waivers: Updates in Practice and Advocacy

Sat, 14 Dec 2019 01:49:00 GMT

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.

Practice Pointer: What to Do If CBP Fails to Issue I-94 or Stamp Passport for U Nonimmigrant (December 2019)

Thu, 05 Dec 2019 22:10:00 GMT

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.

Immigrant Survivors are being scared into silence

Wed, 27 Nov 2019 13:33:00 GMT

“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

Fighting Back USCIS Harmful New Proposed Fee Rule

Mon, 18 Nov 2019 16:30:00 GMT

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

II. Elimination of Fee Waivers for Many Applications

The new rule also calls for the elimination of fee waivers for many applications including N-400, I-90, I-765, I-485 and I-751; however, fee waivers for forms related to VAWA self-petitioners (including I-751 waivers based on domestic violence and VAWA cancellation), U visa and T visa applications, battered spouses of certain nonimmigrant visa holders under INA §106, and Temporary Protected Status (TPS) are statutorily mandated by Congress and cannot be eliminated by agency action.**

Even before this new fee rule was published, USCIS had taken action to limit the criteria to determine fee waiver eligibility through its revisions to the I-912 fee waiver form and corresponding guidance , which will create significant barriers for immigrants, including survivors of violence . While those changes are currently being challenged through litigation efforts , the new proposed fee rule published yesterday further limits the criteria for fee waivers, as those seeking fee waivers based on the federal poverty guidelines will now need to demonstrate that they earn less than 125% of the federal poverty guidelines, rather than the current level of 150%. The proposed rule also eliminates the financial hardship criteria for fee waivers.

III. Transferring Funds to ICE

In addition, the new fee rule calls for over $200 million to be transferred to ICE, citing their role in investigating and enforcing laws related to potential immigration fraud. It is unconscionable that immigrants applying for immigration benefits should shoulder the financial burden of transforming USCIS into a third enforcement arm of DHS.

While there have been advocacy efforts to seek an extension , the deadline for comment on this significant proposed rule is December 16, 2019 . In the upcoming days, ASISTA will be sending out template comments and sharing additional resources for organizations that serve immigrant survivors of domestic and sexual violence to voice their strong opposition to this new rule. We will also be posting updates on ASISTA’s Fee Waiver Advocacy Page .

For more information on the new proposed rule, [click here] for a factsheet developed by NALEO. For additional background on the proposed fee schedule, from CLINIC [click here] . For further questions on this proposed rule, contact ASISTA at questions@asistahelp.org

** For example, the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, specifically stated that DHS shall permit applicants to apply for a waiver of any fees associated with filing a VAWA self-petition, a T or U visa application, or an application for VAWA cancellation or suspension of deportation.

TIME TO TAKE ACTION

An increase in fees for N-400 naturalization application, from $640 to $1,170 (83% increase)
An increase in fees for I-929: Petition for Qualifying Family Member of a U–1 Nonimmigrant, $230 to $1515 (an increase of 559%).
An increase in fees for I-485: Application for Adjustment of Status
A new fee for affirmative asylum applications and increase in fees for DACA renewal requests.

ASISTA Practice Pointer: Assessing whether to file a U Visa Petition for Victims at Risk of Removal (November 2019)

Fri, 15 Nov 2019 21:38:00 GMT

This practice advisory provides practitioners a road map for assessing a U Visa petitioner’s potential risk of removal. Click here to download this document in Word version.

Amicus Briefs filed at the 9th and the BIA on Sanchez-Sosa (July/November, 2019)

Tue, 12 Nov 2019 21:40:00 GMT

Many thanks to fellow authors: Nareeneh Sohbatian from Winston & Strawn LA, and Brigit Greeson Alvarez and Victoria Bonds (intern extraordinaire) from LAFLA. Click here for amicus filed at the 9th Circuit , and click here for amicus filed at the BIA . To download the briefs in Word version, click here for 9th circuit brief , and here for the BIA brief .

Litigation Update: Challenges to Fee Waiver Form Changes

Sat, 09 Nov 2019 16:10:00 GMT

In the beginning of November, two lawsuits were filed challenging the harmful revisions to USCIS fee waiver forms . USCIS’ new revisions limit the criteria for fee waivers and increase burdens on low-income applicants applying for immigration relief.

Public Citizen on behalf of the Northwest Immigrant Rights Network field a suit in the U.S. District Court for DC against USCIS for its failure to comply with federal rulemaking requirements. For more information, see Public Citizen’s press release here . You can view their complaint here , and amended complaint here . This lawsuit highlights the impact that the fee waiver changes will have on naturalization, applications for legal permanent residency and humanitarian protections for victims of crime.
Similarly, Protect Democracy, Advancing Justice-AAJC and partners brought a suit forward in California on behalf of ILRC, CLINIC, the City of Seattle among other plaintiffs. This suit challenges the revisions to the fee waiver form, as it will make it harder for low-income legal permanent residents to naturalize and for other applicants to access other immigration benefits. Please find their press statement here , and their complaint here .

We’re grateful for these organizations bringing these important actions forward.

ASISTA Practice Pointer: CBP Transfer Notices for U Visa Petitions (November 2019)

Thu, 07 Nov 2019 20:50:00 GMT

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.

ICE Letter to Congress Confirms 2011 Guidance on Victims still Effective

Fri, 01 Nov 2019 18:25:00 GMT

In September 2019, ICE responded to a letter sent by Representative Julián Castro (TX-20) and several other members of Congress about the guidance changes regarding stay of removal processes for U visa applicants. In the letter it mentions several points:

ICE may join a motion to terminate for U visa applicants in removal proceedings and those with final orders may request a stay.
Outlining the new ICE guidance stay requests for U visa applicants, confirming that ICE is no longer required to contact USCIS for prima facie determination on a case. Instead, individual ICE officers will exercise their individual discretion based on the “totality of the circumstances” (See more about this harmful policy here ).
The letter confirms that the 2011 ICE Memo on Prosecutorial Discretion for Certain Victims, Witnesses and Plaintiffs remains in effect.

Though this letter reiterates much of the problematic language on this new directive as it has before , advocates can use the language of the letter in their advocacy with ICE on behalf of survivors, showing that ICE does have the authority to utilize prosecutorial discretion on behalf of victims, with direct confirmation that the language of the 2011 guidance remains in effect and should be considered. Please keep us posted at questions@asistahelp.org with any advocacy updates.

A Northern Virginia Mother Was A Victim Of Domestic Violence. She Was Deported.

Wed, 11 Sep 2019 17:40:00 GMT

Comment Today: Voice Your Opposition to the proposed USCIS Tip Form

Thu, 05 Sep 2019 15:43:00 GMT

On August 8, 2019 the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) posted a second opportunity for notice and comment on the new USCIS Tip Form to collect information from the public regarding purported immigration fraud.

At ASISTA, we are concerned about the USCIS Tip Form as it represents another tool for abusers and perpetrators of crime to weaponize the immigration system against survivors, without consequence or repercussion. This is extremely problematic and dangerous, as abusers often use the threat of deportation as a tool to maintain power and control over survivors.

We urge you and your organization to submit comments detailing your opposition to this proposed form. The comment period closes September 9, 2019.

ASISTA, ILRC and the Arab American Institute have developed a comprehensive fact sheet on the proposed USCIS Tip Form. In addition, you can use this updated template comment to speak out against this harmful form. We are grateful to ILRC, CLINIC, and Democracy Forward for their contributions to this template.

Using the template as a starting point, agencies should individualize their comments with their own reasons and experiences why the proposed form would harm immigrant survivors and their families so that they may be counted as a unique submission .

In addition, to the extent possible, your comment submission should be in your own words and based upon your agency’s concerns and interests. Even if you submitted a comment before, you can comment again raising some of the new issues addressed in this updated template. The goal is to maximize the number of unique comments to have the greatest impact.

Deadline for submission is September 9, 2019. Comments can be submitted via email to: dhsdeskofficer@omb.eop.gov . All submissions must include the agency name and OMB Control Number 1615-NEW in the subject line. For example: “Agency-USCIS: OMB Control Number 1615-NEW, Comment in Opposition to USCIS Tip Form”

Be sure to also include your name and your agency in the body of the comment. For more information on how to file, click here . Please remember to review and clear any formatting before submission.

Also, CLINIC has developed a tool for individuals to submit comment in opposition to the harmful USCIS Tip Form. For more information on this important tool, click here .

In solidarity,

Cecelia Friedman Levin
Senior Policy Counsel
ASISTA

Resources:

USCIS Fraud Tip Fact Sheet
Template Comment in Opposition to USCIS Tip Form
CLINIC Comment Tool

The Hill: ICE rule change on U visas sparks outrage

Fri, 30 Aug 2019 15:14:00 GMT

“The Trump administration has quietly altered its handling of visas granted to immigrants who cooperate with criminal investigations, allowing people to be deported even while they are waiting for their visas.” ASISTA’s Cecelia Friedman Levin describes the impact of these changes and how they will diminish access to critical protection to immigrant survivors. Read more here.

Buzzfeed News: An Asylum-Seeking Mom Who Applied For A Special Visa For Victims Of Violence Is About To Be Deported Anyway

Fri, 30 Aug 2019 14:03:00 GMT

Survivors of domestic violence must have access to critical immigration protections without fearing they may be deported before their cases are decided. ASISTA’s Cecelia Friedman Levin weighs in on a new ICE policy that creates barriers for immigrant survivors of violence. Read more here .

New Advocacy Tool: Tell Congress to Stand with Immigrant Survivors

Wed, 28 Aug 2019 14:23:00 GMT

ASISTA with support from the Alliance for Immigrant Survivors (AIS) has released an advocacy toolkit to help those who work with survivors engage in advocacy efforts with their member of Congress.

The toolkit contains sample social media messaging as well as tips to engage your Members of Congress while they are in District. We will be updating this toolkit regularly with legislative and administrative actions. To receive updates about this toolkit, click here .

Please contact us if you have any questions about this toolkit or if you would like help designing and implementing your local advocacy efforts.

Help Survivors of the El Paso Shooting

Wed, 21 Aug 2019 15:12:00 GMT

At the request of Las Americas, which is coordinating support for El Paso shooting survivors, ASISTA is helping to bring together mental health, social work, faith-based, local political, and legal communities to work with the hundreds of immigrants harmed in the shooting. For more info on Las Americas work with shooting survivors, click here.

How can you help victims of anti-immigrant hate crimes?

Click on the links below to choose:

Funding survivor mental health, medical, and other support

Ensuring shooting victims are not deported

Policy Update: Changes in ICE Guidance Will Impede Access to Protections for Immigrant Survivors of Violence

Wed, 07 Aug 2019 14:53:00 GMT

Late last Friday, Immigration and Customs Enforcement (ICE) released a new fact sheet outlining when they will grant “stays” of deportation to crime victims who have cooperated with law enforcement investigations applying for a U visa. This new guidance will create enormous barriers for survivors of violence; it eliminates critical procedural safeguards and will lead to an increased risk that survivors may face deportation before their cases are decided. While ICE has issued a fact sheet on this new policy, it has not yet released the actual policy directive for the public to review.

Background: The fact sheet states that ICE has replaced long-standing guidance which laid out the process ICE should follow in adjudicating stays for U visa applicants in removal proceedings and in immigration detention. Specifically, ICE was required to reach out to U.S. Citizenship and Immigration Service (USCIS) to determine whether the applicant has established a “prima facie” case. If they did, then ICE could “favorably view” a victim’s request for a stay of removal (absent certain adverse factors).

New changes: The “prima facie” determination process outlined in the prior guidance has been replaced by a “totality of the circumstances” framework, instructing individual ICE officers to consider positive or negative factors and “any federal interest(s) implicated” to decide whether halting deportation is appropriate. ASISTA is deeply concerned that this new standard is vague and will not improve this important process for survivors.

Legal obstacles: Federal statute specifically mentions the “prima facie” analysis when considering U visa applicants’ stay requests. [i] ICE cannot simply swap this Congressionally-established prima facie standard for a totality of the circumstances standard. Furthermore, the fact sheet indicates that ICE will no longer have to receive input from those government officials with specialized training in survivor-based cases. Untrained in trauma-informed practice, and in the dynamics of domestic and sexual violence, these agents will determine a survivor’s “totality of the circumstances” as well as what “federal interests will be considered.” This will result in inconsistent adjudications of stay requests, an erosion of due process and limits on access to protections for survivors. It will cause additional hardship, both for the agency and the advocacy community, to address the erratic outcomes of this new guidance. For survivors, the consequences are dire. Survivors fleeing abusive relationships may not have documents available to help support a “totality of the circumstances framework” and the trauma they endured due to their victimization is compounded enormously by the risk of deportation.

The fact sheet also contains provisions for victims on the U visa waitlist and those granted U visa status, stating “It is ICE policy to respect USCIS’ grant of deferred action to a U visa waitlisted petitioner.” [ii] Waitlisted victims and approved survivors should not have to endure the hardship and uncertainty of being in removal proceedings.

Creating Additional Barriers: ASISTA remains deeply concerned about ICE abandoning its prior guidance. The new policy will increase ICE’s disparate treatment of requests to halt deportation for crime victims cooperating with law enforcement investigations. USCIS currently has an egregious backlog in the adjudication of U visa applications and the processing times for U visa cases is listed to be between 51.5 and 52 months [iii] from the time of filing to consideration on the waitlist. Such long waits, coupled with ICE’s harmful new policy, mean that survivors who cooperate with law enforcement to increase public safety will now risk potential deportation before their cases are ever heard.

Deporting immigrant crime victims who have been certified as helpful to law enforcement directly contravenes the purpose of these bipartisan protections established by Congress. We call on ICE to re-establish the prima facie system and to halt deportations of immigrant crime survivors while their applications are pending. We urge Congress to hold the Department of Homeland Security accountable for diminishing access to critical protections for victims of crime.

[i] INA 237(d)

[ii] Revision of Stay of Removal Request Reviews for U visa Petitioners at 1.

[iii] See USCIS Processing Times for the estimated adjudication period for I-918 Petition for U Nonimmigrant Status adjudicated at the Vermont or Nebraska Service Center, available at https://egov.uscis.gov/cris/processTimesDisplayInit.do Center

Policy Update: DHS Publishes Harmful New U Visa Law Enforcement Resource Guide

Mon, 05 Aug 2019 17:30:00 GMT

It is beyond overwhelming to track the myriad ways, large and small, in which DHS’ policy is eroding access to critical immigration protections, including those designed to protect immigrant crime survivors. Sometimes these policy changes don’t grab headlines, but they all contribute to DHS’ calculated and callous plan to weaken existing paths to immigration benefits. Given our mission and expertise, ASISTA is deeply concerned about these policy changes as they often diminish access to immigration protections for survivors of domestic violence, sexual assault and human trafficking.

One recent example of these changes is the publication of DHS’ updated U visa Law Enforcement Resource Guide (Updated Guide) released last week. The Updated Guide provides guidance to law enforcement agencies (LEAs) regarding the U visa requirements and the law enforcement certification process. ^[i] In the past , the resource guide had been a useful tool for advocates to engage LEAs about the U visa program so that they could learn more about its requirements and procedures. However, the new Updated Guide reflects DHS’ blatant effort to encourage LEAs to limit their issuance of U visa certifications for eligible victims.

Several of DHS’ new recommendations to LEAs in the Updated Guide create unnecessary barriers for survivors to access U visa certifications, conflict with existing authority and contravene bipartisan Congressional intent in establishing this critical protection. Here are just a few examples of these barriers:

Encouraging LEAs to conduct background checks on those seeking U visacertifications: Previous versions of the DHS Certification Guide indicatethat USCIS’ would be the agency responsible for conducting background checks onU visa applicants; however, the updated guide repeatedly [ii] recommendsLEAs conduct their own “discretionary background checks” on those seeking Uvisa certifications, and that they should share their findings with USCIS. At best, this suggestion is duplicative ofUSCIS’ own procedures, but at worst, it needlessly suggests that LEAs limit their issuance of U visacertifications.

Encouraging time limits on certifications. DHSsuggests that LEAs consider “whether the agency will establish specificparameters related to certifying cases where a significant amount of time haspassed since commission of the crimes” when in fact the statute and theregulations establish no statute of limitations on signing U visacertifications. [iii] Oftentimes, survivors may not know that U visa protections exist, or else may beimpacted by the trauma following their victimization to learn more about theprogram. This suggestion is ultra vires to the U visa statute and regulations and counter to DHS purported dedicationto “promoting a Victim-Centered Approach.” [iv]

Encouraging Withdrawals. The Updated Guide alsoemphasizes that LEAs may withdraw or disavow certifications at any time if “they later discover information regardingthe victim, crime, or certification that your agency believes USCIS should beaware of.” [v] This overbroad and vague recommendation isdeeply irresponsible, and serves to undermine access to U visa relief.

Overall, the updated guide advances DHS’s efforts to eviscerate the U visa program and is part and parcel of DHS’ overall mission to reduce legal immigration to the United States. It is hard enough for immigrant survivors to come forward to seek assistance from law enforcement, given that abusers often threaten that reaching out for help will result in their deportation. Instead of undermining access to critical victim protections, DHS should focus on ways to actually promote a victim-centered approach

^[i] U visas were created by a bipartisan majorityin Congress in 2000 as part of the Trafficking Victims Protection Act (TVPA)with the dual purpose of strengthening public safety efforts by encouragingimmigrant victims to come forward to report crimes to law enforcement, and toprovide protection to those who come forward. Applicants applying for U visarelief must submit a certification from an agency or judge that demonstratesthey were a victim of a crime and that they were, are or will be helpful in theinvestigation or prosecution of a qualifying criminal activity.

[ii] See e.g. U visa Law Enforcement Resource Guide at pages 2, 3, 4, 11,12, and 14.

[iii] Id. at 11.

[iv] Id at i.

[v] See e.g. U visa Law Enforcement Resource Guide at 3, 4, 9, 14.

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Wed, 31 Jul 2019 20:20:00 GMT

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Press Statement: ASISTA Response to DHS’ New Expanded Expedited Removal Policy

Thu, 25 Jul 2019 12:00:00 GMT

For Immediate Release: July 25, 2019 – Expansion of Expedited Removal Erodes Due Process and Creates Increased Barriers for Vulnerable Survivors

ASISTA denounces the Department of Homeland Security’s (DHS) plan to expand its ability to fast-track deportation procedures that would leave thousands, including immigrant survivors of crime, vulnerable to deportation without critical due process protections.

Practice Advisory: Tips for Representing U Visa Respondents

Mon, 22 Jul 2019 17:05:00 GMT

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.

Practice Update: Form I-539 Extensions of Status & Passport Requirements for U nonimmigrants

Fri, 12 Jul 2019 12:51:00 GMT

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 advisory can be accessed below and in Word here .

Serving Survivors Who May be At Risk of Immigration Enforcement Actions

Thu, 11 Jul 2019 16:08:00 GMT

ASISTA condemns the Administration’s plans for mass raids, now slated to start this Su nday . These mass immigration enforcement actions create immense fear in communities nationwide. For immigrant survivors of violence, these raids exacerbate the trauma and fear they already endure because of the abuse they have experienced.

Advocates can help address this fear by providing critical know your rights information and sharing ways survivors can prepare themselves in the event they are confronted by ICE. Below is a list of actions practitioners working with immigrant survivors of domestic violence, sexual assault and human trafficking can take now to help survivors who are at risk of an immigration enforcement action.

Know Who is At Risk: The most recent enforcement action had targeted families and those with old deportation orders. Recent reports also indicate there may be “ collateral arrests ”.

Share Know Your Rights Materials: Many advocacy groups have prepared materials to help immigrants know their rights in the event of an immigration enforcement action, these include:

Informed Immigrant : This is a resource both for advocates and the general public on know your rights materials and preparedness planning (also available in Spanish/Español )
ACLU : Comprehensive resources for immigrants on exercising their rights in different scenarios including when ICE is at a residence, or if stopped in transit. These materials are available in multiple languages
Immigrant Legal Resource Center : ILRC has developed extensive know your rights materials as well as family preparedness plans in multiple languages.
CLINIC : CLINIC has created a rapid response toolkit as well as a guide entitled “Know Your Rights: A Guide to Your Rights When Interacting with Law Enforcement” available in nine different languages.
Check out ASISTA’s website for other resources

Triage Individual Cases: If already working with survivors, advocates and attorneys should screen their cases for individuals with final orders of removal. Once identified, attorneys should consider drafting precautionary filings for these survivors, such as stays of removal and motions to reopen (for examples in the VAWA context click here ). This preparation will help ensure that, if your clients are picked up in an enforcement action, you are ready to file the paperwork necessary to stop their swift removals and argue for their release from detention.

Connect to Resources: American Immigration Council has great practice resources on challenging Notices to Appear , Motions to Reopen EOIR-Issued Removal Orders , Reinstatement of Removal and others.

ASISTA is available to provide our membership individual case assistance for their work serving immigrant survivors. Please click here to learn more about ASISTA membership and email us at questions@asistahelp.org for help strategizing for survivors who may be at risk, including those who may not be eligible for VAWA motions to reopen.

Resources for those Serving Survivors at Risk of Enforcement Actions

Fri, 28 Jun 2019 14:59:00 GMT

Last week, the Administration announced that they would delay the mass raids scheduled for last week. Even though these actions have been briefly delayed, the announcement of these mass immigration enforcement actions created immense fear nationwide. For immigrant survivors of violence, this news exacerbates the trauma and fear they already endure because of the abuse they have experienced. Advocates can help address this fear by providing critical know your rights information and sharing ways to prepare themselves in the event they are confronted by ICE. Below is a list of actions practitioners working with immigrant survivors of domestic violence, sexual assault and human trafficking can take now to help survivors who are at risk of an immigration enforcement action.

Know Who is At Risk: The most recent enforcement action had targeted families and those with old deportation orders.

Share Know Your Rights Materials: Many advocacy groups have prepared materials to help immigrants know their rights in the event of an immigration enforcement action, these include:

Informed Immigrant : This is a resource both for advocates and the general public on know your rights materials and preparedness planning (also available in Spanish/Español )
ACLU : Comprehensive resources for immigrants on exercising their rights in different scenarios including when ICE is at a residence, or if stopped in transit. These materials are available in multiple languages
Immigrant Legal Resource Center : ILRC has developed extensive know your rights materials as well as family preparedness plans in multiple languages.
CLINIC : CLINIC has created a guide entitled “Know Your Rights: A Guide to Your Rights When Interacting with Law Enforcement” available in nine different languages.
Check out ASISTA’s website for other resources

Connect to Resources: ASISTA is available to provide our membership individual case assistance for their work serving immigrant survivors. Please click here to learn more about ASISTA membership and email us at questions@asistahelp.org for help strategizing for survivors who may be at risk, including those who may not be eligible for VAWA motions to reopen

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Wed, 26 Jun 2019 20:02:00 GMT

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Comment Opportunity: Oppose USCIS Changes to Fee Waiver Forms and Policy

Wed, 26 Jun 2019 11:20:00 GMT

On June 5, 2019, USCIS published another notice and opportunity for comment on their proposed fee waiver changes . These changes were initially proposed in September 2018 , and later addressed in a second opportunity for comment in April 2019 . This third notice provides additional details regarding USCIS’ rationale for adjusting the fee waiver form and practices. You can review this new notice here . We encourage stakeholders to submit comments to show the impact of these harmful changes to fee waiver forms and guidance on survivors and their families.

To have the most impact, your comment submission should be in your own words and based upon your agency’s concerns and interests. Please individualize your comments with your own reasons and experiences , especially focusing on how the proposed fee waiver changes would burden survivors and your agency . In particular:

How will eliminating the means-tested benefit grounds for fee waiver harm the immigrant survivors and families with whom you work? How will this change harm your agency?
How will the new changes in the updated form instructions and new I-912 form , including requiring additional documentation to show household income , harm your clients and your agency? (For a table of changes, see here )
IMPORTANT: If giving examples, please take all appropriate measures to protect client confidentiality, including using a pseudonym, not listing specific locations, etc.

The Immigrant Legal Resource Center (ILRC) also posted an updated template comment HERE , which is customizable and addresses a wide range of concerns with the fee waiver memo and updated forms. In addition, Asian Americans Advancing Justice in Los Angeles have also released a template comment, which is available HERE . Feel free to adjust your comment to incorporate any of these additional issues.

Deadline and How to File : Deadline for submission is July 5, 2019

Comments may be submitted via email to the OMB USCIS Desk Officer at dhsdeskofficer@omb.eop.gov . All submissions received must include in the subject line the government agency name (USCIS), and the OMB Control Number 1615-0116. Sample subject line for your email: “USCIS Information Collection Activity, OMB Control Number 1615-0116”.

Practice Alert: Extension of I-918 Forms

Tue, 25 Jun 2019 01:23:00 GMT

On May 29, 2019, ASISTA and the American Immigration Lawyers Association (AILA) sent a letter to USCIS leadership expressing concern that the two-month grace period to transition to the new Form I-918 would cause hardship to survivors, advocates, and law enforcement agencies.

On Friday, June 21, 2019, USCIS updated the I-918 Form website , so that information regarding the edition date now reads:

Edition Date: 04/24/19. Starting Jan. 1, 2020 , we will only accept the 04/24/19 edition. Until then, you can use the 02/07/17 edition.

Read USCIS’ news alert here. Thank you to all the attorneys and advocates who shared how the short grace period would impact their agency and their work on behalf of survivors. We will provide any update if additional information becomes available.

Practice Update: Implementation of NTA memo on survivor-based cases

Fri, 21 Jun 2019 17:18:00 GMT

In May and June of 2019, some practitioners have reported that USCIS issued a number of NTAs in connection with denied U and T visa applications. Given these reports, ASISTA in conjunction with CAST, Freedom Network USA, American Association of Immigration Lawyers (AILA), Immigrant Legal Resource Center (ILRC), and Asian Americans Advancing Justice-Los Angeles created a practice update to addresses some of the actions practitioners can take in individual cases as well as to support policy-level advocacy efforts.

Letter to USCIS: Extend grace period for new I-918 Forms

Fri, 31 May 2019 15:07:00 GMT

On May 29, 2019 AILA and ASISTA sent a letter to USCIS leadership as well as the CIS Ombudsman expressing concern that the two-month grace period to transition to the new Form I-918 is insufficient as it will cause hardship to survivors, advocates, as well as law enforcement agencies. Read the letter here .

Supporting Immigrants and ASISTA – Get your t-shirt or sweatshirt today!

Tue, 21 May 2019 15:31:00 GMT

Help Support ASISTA by wearing this INCREDIBLE t-shirt or sweatshirt that shows our solidarity and your support of immigrants! Buy one for yourself, your family, friends, and colleagues. Campaign ends May 31st so make sure to order one here as soon as you can .

ASISTA and NOW Submit Opposition to USCIS Tip Form

Thu, 18 Apr 2019 14:41:00 GMT

On April 16, 2019, ASISTA and the National Organization for Women (NOW) submitted a comment in opposition to the proposed USCIS Tip Form, as the form would be a tool for abusers and perpetrators of crime to weaponize the immigration system against survivors, with impunity. Read our comment here .

ASISTA Breaking News! April 2019

Fri, 12 Apr 2019 17:59:00 GMT

Exciting times at ASISTA! Read here for important news and updates.

Comment Today! USCIS Fraud Tip Form

Fri, 29 Mar 2019 18:26:00 GMT

On February 15, 2019 the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a proposed form for notice and comment to collect information from the general public regarding purported immigration fraud.

At ASISTA, we are particularly concerned about this Fraud Tip form as it represents another tool for abusers and perpetrators of crime to weaponize the immigration system against survivors, without consequence or repercussion. This is extremely problematic and dangerous, as abusers often use the threat of deportation as a tool to maintain power and control over survivors.

We urge you and your organization to submit comments detailing your opposition to this proposed form. The comment period closes Tuesday, April 16th.

ASISTA, ILRC and the Arab American Institute have developed a comprehensive fact sheet on the new USCIS Tip Form. In addition, you can use this template comment to speak out against this harmful form. We are grateful to ILRC, AAI, ACLU, AAPCHO, NIJC, CLINIC, and End Domestic Abuse WI for their contribution to these resources.

Using the template as a starting point, we suggest agencies individualize their comments with their own reasons and experiences why the proposed rule would harm immigrant survivors and their families so that they may be counted as a unique submission . In addition, to the extent possible, your comment submission should be in your own words and based upon your agency’s concerns and interests. The goal is to maximize the number of unique comments to have the greatest impact.

Deadline for submission is April 16, 2019. Comments can be submitted online at: https://www.regulations.gov/document?D=USCIS-2019-0001-0001 Please remember to review and clear any formatting before submission.

Resources:

USCIS Fraud Tip Fact Sheet

Template Comment in Opposition to USCIS Tip Form

ASISTA News – April 2019

Fri, 29 Mar 2019 13:51:00 GMT

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! Check it out! Read the newsletter here

Undocumented in the Hudson Valley: The Luis Martinez Story

Tue, 26 Mar 2019 23:42:00 GMT

He’s an employer, father, husband, and community member. Why is ICE threatening to deport this man? Read more here.

A week with Al Otro Lado

Tue, 19 Mar 2019 18:32:00 GMT

by Cecelia Friedman Levin, Senior Policy Counsel

I just returned from volunteering with the Border Rights Project at Al Otro Lado in Tijuana, Mexico. At the end of each day, volunteers often shared their “highs and lows” of what they experienced during the day. In that spirit, I share my own.

Lows:

The inhumane, unlawful and shameful treatment of asylum seekers. Our government is required to give all those seeking asylum at our border an opportunity to enter the United States and present their case. Never was there a requirement they wait en masse in another country, or keeping unaccompanied children in limbo , or a requirement that asylum seekers are placed on an arbitrary and illegal list and wait months living in unsafe conditions . Whether or not the U.S. government acknowledges it , the list is very real, and the process of “metering” increases the dangers and risks asylum seekers face. ( For more on “La Lista”, listen to the prologue segment of This American Life from Sept. 2018 here )

The fact that our government will make it as difficult and inhospitable as possible for asylum seekers to be able to present their case. I had to tell parents that they may be separated from their children, that they and their children will only be able to have one layer of clothing on in the hielera . If asylum seekers are subject to the “ Remain in Mexico Program ” even after they PASS an interview on their credible fear, they may need to return to Mexico while their court case is pending. Let that sink in. Over 240 asylum seekers who established a credible fear must wait *in Mexico,* when they are filing for protection *in the United States* and their case is being heard *in the United States.* Not mention that DHS is completely botching this whole process when applicants do show up for their hearings. I’m grateful to Al Otro Lado, Tahirih Justice Center, ACLU, Center for Gender and Refugee Studies and others who are challenging this horrific and illegal policy.

The Highs:

The staff: Most of the on the ground staff are long-term volunteers who every day dedicate themselves to “radical acts of love.” They provide a warm and genuine welcome to asylum seekers, food, a play space for children and legal information about the process. They are incredible.
My co-volunteers for the week were law students and their professors, NGO attorneys, undergrads, faith leaders, mental health professionals, and anyone and everyone in between. I’m grateful to and for their companionship and support during the week.
I played cards with a group of children while their parents were listening to a legal orientation. This actually fills me with mixed emotions. While I loved being with these kids, I pray they will have the safety and security that their parents so desperately want for them.

Now what? Please do something, anything, to support asylum seekers and those on the ground helping them EVERY. DAY. Here are my suggestions depending on your time and capacity.

Volunteer: AOL provides legal orientations to asylum seekers every day and can use your support, especially if you are a legal professional, Spanish speaker or speak any other language fluently. Sign up to volunteer here: bit.ly/AlOtroLadoTijuanaTrips
Donate: Give anything you can to Al Otro Lado generally and specifically to their Border Rights Project. To donate, click here.
Give : Support the Border Rights Project by donating supplies they need on the ground. See their Amazon Wish list here.
Help: Look into other programs that assist asylum seekers in your area. Have buckets of frequent flyer miles? Donate them to help reunite refugee families. Help grassroots organizations like Bridges of Love Across the Border
Call Your Representatives and Senators . Tell them about what is happening to asylum seekers at the border and urge them to hold the Administration and DHS accountable for their assault on asylum protections.

New Form I-539/I-539A Published Today

Fri, 08 Mar 2019 20:37:00 GMT

ASISTA drafted a short practice update on the newly published Form I-539 and I-539A. Read more about the grace period and the new biometrics requirements here .

Fee Waiver Case Collection

Wed, 06 Mar 2019 20:24:00 GMT

ASISTA is collecting stories where fee waivers for applications related to VAWA self-petitions, U visas, T visas, SIJS and other humanitarian protections have been denied, including motions to reopen/reconsider and appeals. This is the first in a series of data collection tools ASISTA is releasing to strengthen our advocacy efforts and to demonstrate the numerous systemic barriers that immigrant survivors face created by changes to USCIS policy and practice.

If you have a case in which a survivor was denied a fee waiver related to a humanitarian-based application, please fill out the form here .

New! Sample Language for Fee Waiver Cover Letters

Mon, 25 Feb 2019 16:51:00 GMT

We are excited to announce a new publication entitled “ Appendix: Sample Language for Submitting Initial Fee Waiver Requests or Contesting Denials ” Available in Word here .

This document supplements our fee waiver practice advisory from August 2018 and provides sample language that practitioners can cut and paste into their fee waiver cover letters. The scenarios addressed in the Appendix include those for initial filings as well as for challenging denials. We hope that this document helps you as you prepare fee waivers for your clients. Available in Word here.

If you are continuing to see erroneous denials of your clients’ fee waiver requests, please let us know here .

New Amicus Brief: Addressing Sanchez Sosa and Continuances for U applicants

Thu, 21 Feb 2019 18:07:00 GMT

ASISTA, along with Asian Pacific Institute On Gender-Based Violence, Casa De Esperanza, Futures Without Violence, National Alliance To End Sexual Violence, and the Tahirih Justice Center, submitted an amicus brief in the 7th Circuit Court of Appeals regarding how judges must follow the guidelines outlined in the 2012 BIA case Matter of Sanchez Sosa , and how failing to do so contravenes the protections in found int the Violence Against Women Act.

We are grateful to and for the tremendous efforts of Greenberg Traurig in Chicago, IL for their pro bono representation. Special thanks to Greg Ostfeld, Brian Straw, Symone Shinton, Christopher Mair and Pamela Ickes.

Read the brief here .

Access brief in word version here .

ASISTA Joins Over 150 Organization in Opposition to Harmful Asylum Ban

Thu, 10 Jan 2019 14:39:00 GMT

This week ASISTA Immigration Assistance is privileged to join National Immigrant Justice Center, Human Rights First and over 150 organizations in submitting a comment in response to the Department of Justice and the Department of Homeland Security adoption of an interim final rule barring access to asylum for those who enter the United States outside ports of entry. You can read the comment here .

We oppose the interim final rule as it is antithetical to preserving the rights and dignity of survivors of violence and their families. The interim rule is the latest attempt by the Administration to relentlessly and consistently curtail access to relief for those who have a legal right to protections. The interim rule is illegal and undermines our obligations to asylum seekers under the law.

We stand in solidarity with the organizations and individuals challenging this unconscionable policy in court and call on the Administration to immediately withdraw the rule and to dedicate agency efforts to creating policies that protect due process, the safety of survivors and maintains access to critical protections afforded under the law.

Press Statement: ASISTA Response to National Address

Thu, 10 Jan 2019 14:29:00 GMT

FOR IMMEDIATE RELEASE: January 9, 2019

Contact: Ahlam Moussa, ahlam@asistahelp.org

ASISTA Response to President Trump’s National Address

Suffield, CT – The following is a statement from Cecelia Friedman Levin, Senior Policy Counsel at ASISTA Immigration Assistance, regarding President Trump’s National Address:

President Trump’s remarks last night again demonstrate his misinformed, divisive, and anti-immigrant agenda and ignore the real crisis: the Administration has held the federal government hostage over a needless border wall and relentlessly failed to treat those seeking protection with the dignity and care they deserve.

There is no security emergency at the border. In fact, unauthorized border crossings along the Southwest border have dropped significantly to near their lowest point in half a century . The only crisis is the one created by the Administration itself, resulting in significant harm and hardship to families and children seeking safety in the United States, many of them fleeing sexual and gender-based violence .

The Administration’s treatment of asylum-seekers has been inhumane and cruel. It has separated thousands of children from their caregivers , cut the Central American Minors program that allowed individuals to apply for humanitarian relief while in their home countries, illegally blocked individuals from requesting asylum at the border, and continues to warehouse thousands of children in facilities ill-equipped to handle their care.

In his his remarks last night, the President said, “This is a choice between right and wrong. Justice and injustice.” It is decidedly clear that this Administration’s policies are on the wrong side.

Judge strikes down efforts to diminish protections for asylum seekers.

Thu, 20 Dec 2018 18:09:00 GMT

ASISTA applauds the federal court decision yesterday which restores critical protections for asylum seekers fleeing domestic violence and gang brutality. The Center for Gender and Refugee Studies and ACLU challenged the Administration’s harmful expedited removal policies which instructed asylum officers to generally deny domestic violence and gang violence-related claims. ASISTA is proud to have supported the plaintiffs in this case as a signatory to an amicus brief organized by Tahirih Justice Center, which you can read here .

Challenging USCIS harmful changes to fee waiver policy

Thu, 20 Dec 2018 17:27:00 GMT

In November 2018, ASISTA fought back on harmful USCIS changes to fee waiver practices and forms. USCIS is creating barriers to equal access to survivor protections, especially for survivors who have few financial resources of their own. ASISTA created a template comment for advocates to share how these damaging changes affect survivors, and you can read ASISTA’s fee waiver comment here.

ASISTA opposes DHS Proposed Rule on Public Charge

Tue, 11 Dec 2018 15:23:00 GMT

On December 10, 2018, ASISTA filed a Comment on DHS’ Proposed Rule on Public Charge . DHS’ proposed rule will harm immigrant survivors of domestic and sexual violence as well as survivors of human trafficking. Access and use of public benefit programs may make the difference in whether survivors and their children can escape abuse. ASISTA opposes the proposed rule because DHS should not put survivors in the position of choosing between their immigration status and their ability to survive after abuse.

Guardian: How zero tolerance forces undocumented victims into the shadows

Thu, 06 Dec 2018 17:31:00 GMT

ASISTA weighs in on how harmful changes to immigration policy impacts immigrant survivors of violence. Read more here .

ASISTA Statement on NTA Policy Implementation

Thu, 06 Dec 2018 17:20:00 GMT

ASISTA strongly condemns USCIS’ decision to implement the updated Notice To Appear (NTA) policy for survivor-based protections on November 19th. This means that domestic and sexual assault survivors, survivors of human trafficking, children eligible for Special Immigrant Juvenile Status, and other victims whom Congress intended to help could now face deportation hearings if their cases are denied. For full statement, see here: ASISTA NTA Press Release Nov 2018

PBS Frontline: Undocumented Crime Victims Face Heightened Risk of Deportation

Thu, 06 Dec 2018 17:09:00 GMT

ASISTA’s own Cecelia Friedman Levin, commenting on USCIS’s recent drastic departure from prior practice and policy, and how it will discourage survivors from coming forward. Read more here.

Annotated Notes: USCIS Q&A on NTA Guidance Implementation

Thu, 06 Dec 2018 15:57:00 GMT

Annotated Notes on NTA Memo Implementation On November 15, 2018, USCIS held a stakeholder engagement call on the implementation of the NTA memo on survivor-based protections. ASISTA, AILA and ILRC compiled these annotated notes and practice pointers based on USCIS’ responses during that stakeholder call.

ASISTA Statement on Updated USCIS Guidance

Fri, 06 Jul 2018 20:26:00 GMT

New USCIS Guidance will create a chilling effect on survivors coming forward to access protection.

Yesterday, USCIS released Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (Updated NTA memo) which vastly expands the circumstances in which USCIS will issue NTAs or refer cases to ICE. This guidance implements the directive from the January 2017 Executive Order that individuals whose legal claims to remain in the United States have been lawfully rejected should be removed.

The updated NTA memo echoes the expanded enforcement priorities found in the executive orders; most notably, cases presenting a criminal history, fraud or misrepresentation or abuse of public benefits are high among the enforcement priorities. The updated NTA memo also states that USCIS will issue an NTA if a case has been denied and the individual is not legally present in the United States.

In cases involving VAWA, U and T visa applications, the Updated NTA memo states USCIS must follow the guidelines established in the memo once the case has been denied. It had been a long standing practice that USCIS did not typically issue NTAs in connection with survivor-based filings like VAWA self-petitions, U and T visa applications. This was done in part due to the recognition of the chilling effect that this would have on victims coming forward to access these protections.

Immigrant survivors of domestic violence and sexual assault often face barriers when seeking safety and protection, including threats from abusers and perpetrators that reaching out for help will result in their deportation. To address these barriers, Congress created essential protections in the Violence Against Women Act to provide survivors with protections against deportation to allow the to seek help without fear of abuser retaliation. The Updated NTA Memo flagrantly disregards and undermines the bi-partisan Congressional intent of establishing these critical safeguards for immigrant victims of domestic violence, sexual assault, human trafficking, and other crimes.

In the upcoming days, ASISTA will be working on a practice advisory for those who serve VAWA, U and T visa applicants as well as co-hosting a call with our allies to discuss the implications of this memo. We are deeply disappointed by and concerned about this guidance. It will harm victims of crime, as the fear of the consequences of denial may prevent them from coming forward.

Sincerely,

Cecelia Friedman Levin
Senior Policy Counsel
ASISTA

Amicus Brief on Direct Victim Definition (April 23, 2018)

Tue, 24 Apr 2018 22:29:00 GMT

Here is the amicus brief we filed to the AAO with Her Justice and ICWC, Debevoise & Plympton doing the heavy lifting (and excellent crafting) for us. Thanks to all involved, great job!

Click here to download the amicus brief in word version.

We suggest you use this framework when making your “not-obvious” victim arguments.

Joint Statement on Recent DOJ/DHS Report

Mon, 29 Jan 2018 01:25:00 GMT

ASISTA, Asian Pacific Institute on Gender-based Violence, Casa de Esperanza: National Latin@ Network, and Tahirih Justice Center issued a joint statement to the divisive and inaccurate White House statement and DOJ and DHS report issued this week, which among other things, requires the agencies to report on acts of gender-based violence committed by foreign nationals. The administration’s discussion of gender-based violence appears to be at the cost of propagating an anti-immigrant agenda, which we stridently reject.

In addition, Melissa Jeltsen at the Huffington Post has written about this referring to Tahirih’s statement about how the Administration has mischaracterized the data that Tahirih has compiled in its work on forced marriage.

National Taskforce to End Sexual and Domestic Violence Statement on Ending Salvadoran TPS

Wed, 10 Jan 2018 14:54:00 GMT

On January 9, 2018, the National Taskforce to End Sexual and Domestic Violence (of which ASISTA is a co-chair of the immigration sub committee) issued a statement denouncing the Administration’s termination of Temporary Protected Status (TPS) designation for El Salvador. If expelled from
the United States, many of the 200,000 individuals now protected by Salvadoran TPS will face grave danger and high levels of violence, including gender-based violence. The National Taskforce calls on the Trump Administration to reconsider its decision to end TPS and urges Congress to enact a permanent legislative solution. NTF TPS letter final -1-9-18

7th Circuit holds IJs have review of I-192 for U visa applicants

Thu, 28 Dec 2017 19:19:00 GMT

Many thanks, again, to Chuck Roth for NIJC for leading this effort.

Baez-Sanchez reiterates the 7th Circuits findings in L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014) , where it found that the BIA and IJs had (d)(3) waiver authority as to U visas. The BIA later disagreed in Matter of Khan, 26 I&N Dec. 797 (BIA 2016) , doubting that (d)(3) waivers were meant for U visa applicants. However, Baez holds the IJ has authority to decide (d)(3) waivers that came before them. Baez-Sanchez and L.D.G. are crucial for noncitizen victims of crime in the Seventh Circuit who are facing removal from the United States. Allowing IJs to decide on waiver applications ensures fair process, in-person proceedings, access to counsel, reasoned decision making, and the availability of appellate review. To read the case, click here: Baez Sanchez v Sessions (7th Cir Oct 2017)

ASISTA joins amicus effort for work authorization for pending U visa applicants

Thu, 28 Dec 2017 18:48:00 GMT

ASISTA is proud to share the Amicus Brief related to bona fide work authorization while U visas are pending. The brief was filed in October in the Eastern District of New York. Many thanks to Celso Perez and Kurzban, Kurzban, Weinger, Tetzeli & Pratt for crafting the brief for us, to Julie Carpenter of Tahirih Justice Center and our other core group drafters, and to all the organizations that signed on. To read the brief, click here: Amicus Brief EDNY: U Bona Fide work authorization.

Buzzfeed Article: Survivors Not Reaching Out for Help for Fear of Deportation

Mon, 20 Mar 2017 14:52:00 GMT

“President Trump’s policies are forcing undocumented immigrants who suffer domestic abuse to decide which is riskier: staying with their abusers, or going to court and possibly being detained by immigration agents.” Read full article here .

Post-Election Q & A for Advocates and Attorneys Serving Immigrant Survivors of Gender-based Violence

Tue, 13 Dec 2016 02:30:00 GMT

It is important for attorneys and advocates working with immigrant domestic violence/sexual assault survivors to understand what the anticipated changes in immigration policy might mean for the individuals and families they serve. For this reason, this post-election Q &A was prepared to explain how the anticipated changes may effect immigrant survivors of domestic and sexual assault. 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 on 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 Women and Children (ICWC); Julie Marzouk Assistant Clinical Professor, Dale E. Fowler School of Law at Chapman University; Minnesota Coalition for Battered Women; National Immigrant Justice Center; Tahirih Justice Center; We Belong Together.

Advisory Committee Report on Family Detention

Mon, 31 Oct 2016 14:34:00 GMT

The Immigration and Customs Enforcement (ICE) Advisory Committee on Family Residential Centers (ACFRC) was established on July 24, 2015, and is comprised of experts in the fields of primary education, detention management, detention reform, immigration law, family and youth services, trauma-informed services, and physical and mental health. ASISTA’s Sonia Parras Konrad was appointed as a committee member. The final report with the Committee’s recommendations is available here.