Practice Alerts are provided courtesy of the American Immigration Lawyers Association (AILA), American Immigration Council and other immigrants' rights organizations. An archive of alerts are listed by month in the practice alerts section of the library.

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Public Charge Preliminary Injunction (Oct. 11, 2019)

  • By: U.S. District Court, Southern District of New York
  • Date: 10/11/19

Highlights:·

  • Nationwide injunction.
  • Effective date postponed until further Order, with October 15, 2019, to be replaced with another date upon termination of this order, if that comes to pass (meaning any benefits used in the meantime would be adjudicated under the 1999 Field Guidance, not retroactively under the new rule).·        
  • Effective date of the new Form I-944 and the updated Form I-485 are similarly enjoined.·        
  • Judge found we’re likely to succeed on constitutional as well as APA claims.·        
  • From the decision: ““The Rule is simply a new agency policy of exclusion in search of a justification.  It is repugnant to the American Dream of the opportunity for prosperity and success through hard work and upward mobility. Immigrants  have  always  come  to  this  country  seeking  a better  life  for themselves and their posterity.  With or without help, most succeed.”

Courtesy of: The Legal Aid Society of New York

FAQ - Presidential Proclamation on Entry Bar based on Healthcare

  • By: The Legal Aid Society, New York
  • Date: 10/07/19

Individuals who are abroad and seeking to enter the U.S. with immigrant visas to become lawful
permanent residents (LPRs, or green card holders) must show they either (a) will be covered by
approved health insurance within 30 days of entry or (b) have the financial resources to pay for
their reasonably foreseeable medical costs. Otherwise, they are presumed to be a “financial
burden.”

Defending Access to Justice and Due Process: Challenging the Justice Department’s New Interim Rule

  • By: Catholic Legal Immigration Network, Inc.
  • Date: 10/07/19

CLINIC’s website features a new page dedicated to the new changes at EOIR. Click below to visit the page.

Using Form N-648 to Assist Naturalization Applicants with Disabilities

  • By: Immigrant Legal Resource Center
  • Date: 10/07/19

Since August 12, 2019, USCIS only accepts the new edition of Form N-648, dated 5/23/19. Incorporating current guidance, these two practice advisories review the criteria for the N-648, address how medical providers can complete a successful N-648 for naturalization applicants, and cover procedural issues relating to completing and submitting Form N-648. The first practice advisory reviews the statutory and regulatory criteria for the disability exception. The second practice advisory describes how to complete Form N-648 in partnership with a medical professional, as well as the procedure for submitting the form.

How to Successfully Administratively Appeal Your Naturalization Denial

  • By: Immigrant Legal Resource Center
  • Date: 10/07/19

In this practice advisory, we will go over recent trends in naturalization applications and administrative appeals, common reasons why naturalization applications are denied, and provide an overview of the administrative appeal process with tips on how to succeed.

Administrative Review of Recognition and Accreditation Determinations

  • By: US Department of Justice
  • Date: 10/02/19

Memo on EOIR policy, process, scope, etc. for review of recognition and accreditation. 

Steps to Take if Your DACA Renewal is Delayed

  • By: Immigrant Legal Resource Center
  • Date: 09/30/19

This guide outlines steps DACA renewal applicants can take if their renewal is delayed.

USCIS Guidelines on the Affidavit of Support

  • By: USCIS
  • Date: 09/27/19

USCIS has updated its guidelines on the Affidavit of Support, including "Income Deeming and Reimbursement" provisions. 

Webinar Handout: Best Practices for Screening and Representing Unaccompanied Children

  • By: Immigrant Legal Resource Center; Legal Services for Children, San Francisco; and the Immigration Advocates Network
  • Date: 09/05/19

A PDF of the slides for the September 5th, 2019 webinar. 

ICE Guidance on Implementation of Expanded Expedited Removal

  • By: Immigration and Customs Enforcement
  • Date: 08/29/19

Includes, among other instructions, that the person has an "affirmative burden to show to the satisfaction of the encountering immigration officer that he or she has been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility by providing evidence establishing the place, date, and manner of entry into the United States and continuity of presence since that time."

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