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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Policy Alert on Good Moral Character

  • By: U.S. Citizenship and Immigration Services
  • Date: 12/10/20

Policy Highlights
• Incorporates the AG’s decision in Matter of Thomas and Thompson with respect to how state
court orders altering a sentence impact a conviction for immigration purposes.
• Incorporates the AG’s decision in Matter of Castillo-Perez regarding the rebuttable
presumption of a lack of GMC for two or more convictions for DUI within the statutory period.

DHS Immigration Statistics

  • By: U.S. Department of Homeland Security
  • Date: 01/06/20

Key datasets and resources published by the Office of Immigration Statistics.

Public Charge Legal Services Toolkit

  • By: Immigrant Legal Resource Center
  • Date: 12/31/19

This toolkit will bring legal practitioners up-to-speed on the current state of public charge and immigration law and includes tools for screening and analyzing public charge issues in your cases.

Public Charge Exemptions and Considerations

  • By: Immigrant Legal Resource Center
  • Date: 12/31/19

This advisory provides an overview of the exemptions to public charge inadmissibility and the forms of relief a client may seek without being subject to a public charge test. It also discusses public charge issues to keep in mind when advising immigrants who may be considering adjustment of status or consular processing through a family or employer petition after having a status that is not subject to public charge inadmissibility.

Liberian Refugee Immigration Fairness

  • By: USCIS
  • Date: 12/30/19

Eligibility for LRIF Adjustment of Status requirements:

- file Form I-485, Application to Register Permanent Residence or Adjust Status by Dec. 20, 2020;
- national of Liberia;
- continuously physically present in the United States during the period beginning on November 20, 2014, and ending on the Form I-485 filing date;
- otherwise eligible for an immigrant visa; and
- admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.

Ninth Circuit re: Removal While Appeal is Pending

  • By: U.S. Court of Appeals for the Ninth Circuit
  • Date: 12/27/19

In Silvano Lopez-Angel v. Barr, Lopez’s removal from the United States while his appeal was pending before the BIA did not withdraw his appeal under 8 C.F.R. § 1003.4.

Growing the Resistance: How Sanctuary Laws and Policies Have Flourished During the Trump Administration

  • By: Immigrant Legal Resource Center
  • Date: 12/17/19

New analysis of sanctuary policies looks at the state of county-level assistance with deportations under the Trump administration. Despite the constant attacks on sanctuary policies from the federal government, data shows that these policies have continued to spread in cities and localities across the country.

USCIS Published Notice re Fee Waiver Form Injunction

  • By: USCIS
  • Date: 12/16/19

ALERT: The Federal District Court for the Northern District of California in Seattle v. DHS has enjoined DHS from requiring use of the 10/24/19 edition of Form I-912, Request for Fee Waiver. That edition has been removed from the USCIS forms website.  USCIS has reverted to requiring the 03/13/18 edition of Form I-912 until further notice.  We will also accept prior editions or a written request.   As there may be applicants who have prepared the 10/24/19 edition of the fee waiver request, USCIS will accept and process the 10/24/19 edition of the Form I-912 and adjudicate it based on prior fee waiver policy outlined in AFM 10.9 and 10.10.

Order enjoining the government from implementing the fee waiver changes

  • By: US District Court for the Northern District of CA, San Francisco Division
  • Date: 12/16/19

ILRC update: 

- The injunction is in effect now.
- The court barred the use of the new I-912 for all purposes, not just naturalization.
- The government has informed our attorneys that USCIS is working expeditiously to update its website and materials to reflect the court's order. We will know more about exact timing as the day unfolds.
- The corresponding revisions to the USCIS Policy Manual are also enjoined (Volume 1: General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 3, Fees and Chapter 4, Fee Waivers).
- You can start preparing and submitting fee waiver applications using the previous version of the form. You can submit fee waivers based on receipt of means-tested benefits. If you are submitting a fee waiver on the basis of income, the new requirements to submit a tax transcript are not in effect.
- The injunction says the new I-912 (dated 10/24/19 that had gone into effect on 12/2/19) is enjoined, as well as the accompanying policy changes. So we revert back to prior policy. The injunction does not specifically address whether USCIS must accept all previous versions of the I-912 or just the most recent 3/13/18 version (available on the NAC website). However, prior to the 12/2/19 form and policy change, USCIS accepted all versions of the I-912, as well as any substantiated written request for a fee waiver. That was the prior policy.
- The PI order is attached below. All court documents and case updates are available here: https://protectdemocracy.org/project/city-of-seattle-v-dhs/.

Conditional Bar to Good Moral Character for Unlawful Acts

  • By: USCIS
  • Date: 12/13/19

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual on unlawful acts during the applicable statutory period that reflect adversely on moral character and may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization.

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