Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] Guidance on Adjudicating Stay Requests Filed by U Nonimmigrant Status (+)

US Immigration and Customs Enforcement Memorandum providing guidance to the ICE Office of Detention and Removal Operations Directors about factors to consider when adjudicating requests for a Stay of a Final Administrative Order of Removal filed by an alien with a pending petition for U nonimmgrant status (U-Visa).

Published September 24, 2009 by

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[pdf] Fact Sheet: Certifying U Nonimmigrant status (+)

Fact sheet on certifying U nonimmigrant status using the I-918 form and supplement B. An alien victim of criminal activity may file for U Nonimmigrant Status – status set aside for victims of crimes who have suffered substantial mental or physical abuse because of the activity and who also are willing to assist law enforcement agencies or government officials in the investigation of that activity.

Published September 5, 2007 by

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[pdf] Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (+)

Policy memorandum authorizing the Vermont Service Center to approve an Application to Extend/Change Nonimmigrant Status (Form I-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is for less than four years.

Published June 22, 2010 by

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[pdf] Remedies for Youth, Adolescents, and Young Adult Victims (+)

Power point presentation aimed to train advocates and professionals to better identify different forms of immigration relief available to immigrant youth, understand differences and advantages between victim based immigration remedies for immigrant youth, and to obtain orders from family courts that are either required or helpful for immigration cases filed by immigrant children.

Published August 6, 2014 by

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[pdf] Intersection Between Victim Based Immigration Remedies: Advantages, Special Considerations and Protections to Meet the Survivors Needs (+)

Power point presentation aimed to train individuals to better be able to identify survivors of domestic violence and violent crimes and to understand the differences and advantages between the different victim based immigration remedies.

Published August 6, 2014 by

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[pdf] Chapter 06: Introduction to Immigrant Relief for Immigration Victims of Sexual Assault and Glossary of Terms (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to help advocates and attorneys identify the various forms of immigration relief that may be available to help immigrant victims of sexual assault. Victims of sexual assault may qualify for forms of immigration relief based on their victimization by a family member who is a citizen or lawful permanent resident, they may qualify for other forms of relief based on victimization by a non-family member, and/or they may qualify for other legal immigration status wholly unrelated to the abuse or victimization (e.g. student visas, work visas).

Published 2014 by

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[pdf] USCIS Memorandum: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (January 27, 2005) (+)

USCIS Memorandum modifying a previous policy memorandum entitled, “Instructions Regarding the Expanded Meaning of Section 319(a)” to clarify that individuals who obtained lawful permanent residence by reason of an approved waiver of the joint filing requirement under section 216(c)(4)(C) of the INA are also eligible to apply for naturalization.

Published January 27, 2005 by ,

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[pdf] William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008: Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions (+)

USCIS Policy Memorandum to inform immigration services officers who adjudicate petitions for T and U non-immigrant status and related applications for adjustment of status about new legislation affecting the T and U non-immigrant programs.

Published July 21, 2010 by ,

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[pdf] T Visa and U Visa Adjustment to Lawful Permanent Residency Regulations (December 12, 2008) (+)

The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident. This rule also
provides for adjustment of status or approval of an immigrant petition for certain family members of U applicants who were never admitted to the United States in U nonimmigrant status.

Published December 12, 2008 by

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[pdf] Fact Sheet on USCIS’ New Rule for Non-Immigrant Victims of Human Trafficking and Specified Criminal Activity (+)

Congress created the “T” and “U” nonimmigrant classifications with passage of the Victims of Trafficking and Violence Protection Act in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of persons and other crimes while, at the same time, offering protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve immigrant crime victims.

Published December 8. 2008 by

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[pdf] Disclosure of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries (+)

USCIS memorandum to provide itnerim guidance to adjudicators regarding when it may be appropriate to disclose certain information relating to a visa petitioner’s criminal history involving violence or sexual offenses to potential visa beneficiaries.

Published Mary 3, 2006 by

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[pdf] Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (+)

Fact sheet explaining domestic violence and information of the legal rights in the United States for survivors of domestic violence. Also provide information on the International Marriage Broker Regulation Act (IMBRA), which requires that the U.S. Government provide foreign fiancé(e)s and spouses immigrating to the United States with information about their legal rights as well as about the criminal or domestic violence histories of their U.S. citizen fiancé(e)s and spouses.

Published October 27. 2010 by

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[pdf] Governmental and Industry Roles and Responsibilities with Regard to International Marriage Brokers: Equalizing the Balance of Power Between Foreign Fiances and Spouses (+)

Journal article detailing the unregulated nature of the international marriage broker (IMB) industry and how it can endanger women. This article (a) provides an overview of the contemporary IMB industry, including a discussion of reasons underlying women’s choices to use IMB agencies to meet and marry U.S.-based spouses, (b) discusses how this industry’s marketing of marriages potentially endangers many women recruits, and (c) offers an update and analysis of new provisions under U.S. immigration law that strengthen protections available for women who immigrate as fiancés and spouses of U.S. citizens.

Published July 26, 2007 by

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[pdf] International Marriage Broker Regulation Act of 2005: Agencies Have Implemented Some, but Not All of the Act’s Requirements (+)

This report addresses the extent to which the U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS); the Department of State (DOS); and the Department of Justice (DOJ) have implemented IMBRA, and the extent to which USCIS and DOS have collected and maintained data for this GAO report as required by IMBRA. To address these objectives, GAO reviewed the act and related legislation, analyzed IMBRA implementation guidance and available data on applications filed, and interviewed officials at USCIS, DOS, and DOJ.

Published August 2008 by

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[pdf] International Matchmaking Organizations: A Report to Congress (+)

This report is in response to the Congressional request under Section 652 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) that the Attorney General, in consultation with the Commissioner of the Immigration and Naturalization Service (INS) and the Director of the Violence Against Women Office at the Department of Justice, conduct a study of mail-order marriages. The report includes a review of INS records for quantitative data as to the number of marriages facilitated by international matchmaking businesses as well as evidence of domestic violence or marriage fraud in the petitionable relationships which result between U.S. citizens (USCs) or lawful permanent residents (LPRs) and the foreign-born women recruited by these companies. The report also contains a literature review of related topics.

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[pdf] DHS Plan to Provide Training to State and Local Law Enforcement in the Secure Communities Program (+)

Overview of the DHS Office for Civil Rights and Civil Liberties (CRCL) and U.S. Immigration and Customs Enforcement (ICE) series of training /awareness briefings designed primarily for use by front line state and local law enforcement agency (LEA) personnel during daily muster/roll call briefings.

Published June 2011 by ,

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[pdf] Department of Homeland Security: Civil Rights Complaint Form (+)

The purpose of this form is to assist you in filing a civil rights/civil liberties complaint with the Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL) regarding DHS programs and activities. This form is not intended to be used for complaints about employment with DHS. You are not required to use this form to file a complaint; a letter with the same information is sufficient. However, if you file a complaint by letter, you should include the same information that is requested in the form.

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[pdf] Practice Advisory: Deferred Action for Childhood Arrivals (+)

Practice advisory aimed towards attorneys and issued by American Immigration Council, National Immigration Project, and American Immigration Lawyers Association regarding general information, eligibility criteria, procedure, employment eligibility, etc. for individuals under DACA.

Published October 25, 2012 by , ,

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[pdf] Guidelines for Identifying Humanitarian Concerns Among Administrative Arrestees When Conducting Worksite Enforcement Operations (+)

Cover letter and policy regarding addressing humanitarian concerns regarding nursing mothers, pregnant women, and mothers who are primary caretakers of children during worksite enforcement actions and the considerations for humanitarian release.

Published February 7, 2008 by

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[pdf] Clarification of Existing Practices Related to Certain Health Care Information (+)

ICE Memorandum explaining Immigration and Customs Enforcement civil immigration enforcement policy regarding information concerning individuals and members of their household obtained during the eligibility determination process for such coverage under ACA and SSA.

Published October 25. 2013 by ,

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[pdf] Removals Involving Parents of United States Citizen Children (+)

DHS report as one of a series of audit, inspection, and special reports prepared as part of our oversight responsibilities to promote economy, efficiency, and effectiveness within the department. This report addresses the number of instances over the past 10 years in which the illegal alien parent of a United States citizen child was removed from the country. It is based on interviews with employees and officials of relevant agencies and institutions and a review of applicable documents.

Published January 12, 2009 by

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[pdf] Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement Regarding “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.” (+)

Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement regarding Legal Momentum’s draft booklet entitled: “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.”

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[pdf] Memorandum discussing INS Exercise of Prosecutorial Discretion (+)

This memorandum sets out the legal basis upon which, the Immigration and Naturalization (INS) may exercise prosecutorial discretion in its enforcement activities, including placing aliens in removal proceedings by serving them with Notices to Appear (NTAs). The structure of this memorandum is a series of questions and answers about prosecutorial discretion and the application of the doctrine in INS operations.

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[pdf] Executive Summary: Blue Campaign Stakeholder Meeting with Senior Counselor Alice Hill (+)

On December 10, 2010, Alice Hill, Senior Counselor to the Secretary of Homeland Security, hosted a meeting with stakeholders in the fight against human trafficking. The meeting was the second stakeholder meeting of the DHS Blue Campaign to combat human trafficking, launched in July of 2010. The Blue Campaign’s mission is “To harness the authorities and resources of the Department of Homeland Security to deter human trafficking by increasing awareness, protecting victims, and contributing to a robust criminal justice response.” The meeting focused on current projects of the Blue Campaign as well as future deliverables. Invitees included representatives from throughout the federal government, state and local law enforcement, non-governmental organizations, foreign governments, the United States Congress, the private sector, and the general public.

Published December 10, 2010 by

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[pdf] Kennedy, Delahunt Announce New Guidelines For Immigration Raids (+)

Statement released by Senator Edward Kennedy and Congressman William Delahunt regarding the Office of Immigration and Customs Enforcement’s Guidelines for Identifying Humanitarian Concerns among Administrative Arrestees When Conducting Worksite Enforcement Operations. The guidelines set forth best practices for quickly identifying persons arrested who are sole caregivers or who should be released from custody for other humanitarian reasons.

Published November 16, 2007 by

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[pdf] Adjudication of Immigration Benefits for Transgender Individuals (+)

This policy memorandum (PM) and accompanying revisions to the AFM articulate USCIS policy regarding assigning appropriate gender designations on documents issued to transgender individuals and the adjudication of benefits applications involving the marriage of transgender individuals. This PM supersedes the following: Memorandum for Regional Directors et al, Adjudication of Petitions and Applications Filed by or on Behalf of, or Document Requests by, Transsexual Individuals (April 16, 2004); and, Adjudication of Petitions and Applications Filed by or on Behalf of Transsexual Individuals (January 14, 2009).

Published August 10, 2012 by

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[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)

INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.

Published September 20, 2000 by

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[pdf] Field Guidance on Enforcement Actions or Investigative Activities at or Near Sensitive Community Locations (2008) (+)

U.S. Immigration and Customs Enforcement Memorandum regarding ICE policies for conducting enforcement actions or investigative activies at or near sensitive community locations, such as schools, places of worship, and funerals or other religious ceremonies.

Published July 3, 2008 by ,

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[pdf] Guidance Regarding U Nonimmigrant Status (U visa) Applicants in Removal Proceedings or with Final Orders of Deportation or Removal (+)

This memorandum provides field guidance to ensure compliance with the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) regarding aliens with pending U visa petitions who are either (1) subject to a final administrative order of deportation or removal and request a stay of removal or (2) in removal proceedings.

Published September 25, 2009 by

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[pdf] Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens (+)

U.S. ICE Memorandum providing guidance on what factors to consider in exercising prosecutorial discretion to ensure that the agency’s immigration enforcement resources are focused on the agency’s enforcement priorities.

Published June 17, 2011 by ,

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[pdf] Guidance on Providing Language Assistance to Other Law Enforcement Organizations (+)

2012 Memorandum from U.S. Customs and Border Protection addressing CBP protocol if a Federal, state, or local law enforcement organization (other than DHS) requests assistance from CBS on a need for language translation.

Published November 21, 2012 by ,

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[pdf] U.S. Immigration and Customs Enforcement Memorandum for Chief Counsels on Exercising Prosecutorial Discretion To Dismiss Adjustment Cases (October 6, 2005) (+)

ICE Memorandum setting forth the criteria and procedures by which an Immigration and Customs Enforcement (ICE) Office of the Chief Counsel (OCC) may join in or file a motion to dismiss proceedings
without prejudice when the ICE OCC determines adjustment applications currently pending before EOIR would be appropriate for approval by Citizenship and Immigration Services (CIS).

Published October 6, 2005 by ,

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[pdf] Guidance for Coordinating the Adjudication of Applications and Petitions Involving Individuals in Removal Proceedings (+)

This policy memorandum provides guidance for coordination with U.S. Immigrant and Customs Enforcement (ICE) on the adjudication of applications and petitions involving individuals in removal proceedings before Executive Office of Immigration Review.

Published February 4, 2011 by ,

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[pdf] USCIS Memorandum: Effect of Perez-Gonzalez v. Ashcroft in Ninth Circuit on Adjudication of Form I-212 (March 31, 2006) (+)

USCIS Memorandum regarding the effect of the U.S. Court ofAppeals for the Ninth Circuit Perez-Gonzalez v. Ashcroft on Adjudication of Form I-212 Applications Filed by Aliens Who Are Subject to Reinstated Removal Orders Under INA § 241(a)(5).

Published March 31, 2006 by ,

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[pdf] Guidance Regarding the Handling of Removal Proceedings of Aliens with Pending or Approved Applications or Petitions (+)

This memorandum establishes U.S. Immigration and Customs Enforcement (ICE) policy for the handling of removal proceedings before the Executive Office for Immigration Review (EOIR)
involving applications or petitions filed by, or on behalf of, aliens in removal proceedings.

Published August 20, 2010 by ,

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[pdf] ICE Response to Letter on Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (+)

U.S. Immigration and Customs Enforcement’s, Office of Detention Policy and Planning, response to Michelle Brane’s, Director of Women’s Refugee Commission, letter regarding proposed changes to the Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies.

Published October 6, 2010 by ,

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[pdf] Instructions for Form I-821D: Consideration of Deferred Action for Childhood Arrivals (+)

An individual may file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, to request that U.S. Citizenship and Immigration Services (USCIS) exercise prosecutorial discretion in his or her favor under the Deferred Action for Childhood Arrivals (DACA) process, including consideration for Renewal of deferred action.

Published June 4, 2014 by ,

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[pdf] Early Access to Work Authorization For VAWA Self-Petitioners and U-Visa Applicants (February 12, 2014) (+)

This NIWAP report, which was published in 2014, summarizes the purpose, history, and importance of work authorization for immigrant survivors of domestic violence. It also summarizes a 2013 NIWAP survey of service providers about the length of time their clients spent waiting for work authorization, what occurred during the waiting period, and their experiences after receiving work authorization.

The initial process of obtaining work authorization often takes too long and exposes immigrant survivors of violence to retaliation, coercion, and further harm including incidents of violence and abuse. This document includes recommendations on policy changes in processing VAWA self-petitions and U-Visa applications. It also includes an appendix with illustrative cases showing the impact of delays in processing times for VAWA self-petitioners and U-Visa applicants with a pending case.

Published February 12, 2014 by

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