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.
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.
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:
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:
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.
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.
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 .
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 .
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.
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 .
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.