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Practical, Interpretive Guidance of the Entire Asylum Process

Asylum Primer
Used by attorneys, government officials, law professors, law students, and nonprofit organizations, AILA's Asylum Primer will help you understand and resolve critical asylum issues and provide answers to help you through the asylum process--from the first meeting until you close the case.

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Agency Memos, Cables, Letters & Guidance

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  • DHS/EOIR MOA Regarding the Sharing of Information on Immigration Cases(5203 KB - 5/1/2013)
    Memorandum of Agreement between DHS and DOJ EOIR, signed in October 2012, regarding the sharing of information on immigration cases including clarification on the authority for DHS and EOIR to exchange immigration case data. AILA Doc. No. 13050148.
    AILA Doc. No. 13050148.
  • Separate FOIA Requests Uncover L-1 Training Materials and Correspondence (4/26/2013)
    Documents released by USCIS in response to two separate FOIA requests for materials used to instruct, train, or guide immigration service officers and DOS personnel on L-1 adjudications, including, but not limited to, the interpretation of “specialized knowledge.” AILA Doc. No. 13042663.
    AILA Doc. No. 13042663.
  • ICE Memo on Safeguards for Immigration Detainees with Serious Mental Conditions(1436 KB - 4/22/2013)
    A 4/22/13 memo from ICE Director John Morton directing that new procedures will ensure ICE detainees who may be mentally incompetent to represent themselves in removal proceedings are provided with access to new procedures for unrepresented mentally incompetent detainees. AILA Doc. No. 13042259.
    AILA Doc. No. 13042259.
  • USCIS Memo on Ombudsman Recommendations for Unaccompanied Alien Children (UAC)(3319 KB - 4/18/2013)
    USCIS 4/11/13 memorandum from Deputy Director Lori Scialabba in response to recommendations by the Ombudsman’s office. USCIS accepts most of the recommendations, but does not concur with pre-assigning UAC cases to officers with specialized knowledge and skills. AILA Doc. No. 13041842.
    AILA Doc. No. 13041842.
  • CBP Response to AILA Memorandum on Unlawful Presence(515 KB - 4/10/2013)
    A 4/10/13 letter from Carey Davis, Admissibility and Passenger Programs, stating that where evidence indicates that a visitor without an I-94 has remained in the U.S. beyond 6 months CBP may consider inadmissibility grounds other than 212(a)(9)(B) when charging the visitor. AILA Doc. No. 13041059.
    AILA Doc. No. 13041059.
  • USCIS Asylum Division Memo on Credible Fear Checklist Pilot Program(607 KB - 4/9/2013)
    USCIS Asylum Division memorandum from Acting Chief Ted Kim dated 1/14/13 establishing a pilot program for the use of a credible fear determination checklist in place of the brief written assessment currently required. AILA Doc. No. 13040941.
    AILA Doc. No. 13040941.
  • ICE SEVP Policy Guidance for Adjudicators on Reporting Instructional Sites(2131 KB - 3/21/2013)
    ICE policy guidance (1003-03) from 3/22/13 defining what constitutes an instructional site and a separate record location, clarifying SEVP's reporting requirements and narrowing the scope of which instructional sites school officials must report at qualifying schools. AILA Doc. No. 13032147.
    AILA Doc. No. 13032147.
  • USCIS Policy Memo on RFE Timeframes for Provisional Unlawful Presence Waiver Requests(529 KB - 3/18/2013)
    USCIS 3/1/13 policy memo amending previous interim RFE guidance & setting the amount of time USCIS officers may provide an applicant to respond to a Request for Evidence (RFE) that is issued in relation to an Application for Provisional Unlawful Presence Waiver, Form I-601A. AILA Doc. No. 13031842.
    AILA Doc. No. 13031842.
  • CBP Handout to Individuals Who May Be Eligible for DACA(467 KB - 3/14/2013)
    CBP handout in English and Spanish directed at individuals who may be eligible for an exercise of prosecutorial discretion by CBP because they could be eligible for DACA. CBP released the handout on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12. AILA Doc. No. 13031446.
    AILA Doc. No. 13031446.
  • Internal CBP FAQs on DACA(440 KB - 3/14/2013)
    Internal CBP FAQs on DACA, including information on why DHS is announcing the DACA program now, how DACA differs from the DREAM Act, and how DACA differs from TPS. CBP released the FAQs on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12. AILA Doc. No. 13031445.
    AILA Doc. No. 13031445.
  • CBP Guidance to Field on Encountering DACA-eligible Individuals(442 KB - 3/14/2013)
    CBP guidance for the field on what to do if officers encounter an individual who may be eligible for DACA, including processing guidelines. CBP released the guidance on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12. AILA Doc. No. 13031444.
    AILA Doc. No. 13031444.
  • CBP Memo on the Implementation of DACA(450 KB - 3/14/2013)
    CBP memo dated 6/15/12 on implementing Secretary Napolitano’s memo concerning the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children. CBP released the memo on 2/28/13 in response to a FOIA request filed by AILA on 11/1/12. AILA Doc. No. 13031443.
    AILA Doc. No. 13031443.
  • USCIS Issues M-274 Handbook for Employers on Guidance for Completing Form I-9(2339 KB - 3/11/2013)
    USCIS M-274 handbook from 3/8/13 providing guidance on how to properly complete Form I-9, Employment Eligibility Verification, and answering frequently asked questions about the law as it relates to Form I-9. AILA Doc. No. 13031145.
    AILA Doc. No. 13031145.
  • CIS Ombudsman Recommendation on Process for Removal of Residence Conditions for Spouses & Children(1155 KB - 2/28/2013)
    CIS Ombudsman 2/28/13 recommendation evaluating the nature & extent of problems related to removal of conditions on residence for spouses & children & presenting recommendations to address these issues related to filing Form I-751, Petition to Remove Conditions on Residence. AILA Doc. No. 13022850.
    AILA Doc. No. 13022850.
  • USCIS Policy Memo on Taiwan Pre-Adoption Immigration Review(548 KB - 2/27/2013)
    USCIS 2/14/13 policy memo implementing the Pre-Adoption Immigration Review (PAIR) in Taiwan of Form I-600, Petition to Classify Orphan as an Immediate Relative filed on behalf of children from, and physically located in, Taiwan. AILA Doc. No. 13022764.
    AILA Doc. No. 13022764.
  • USCIS Policy Memo on “Limited General” TRIG Exemption(721 KB - 2/25/2013)
    USCIS policy memo dated 9/26/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals with existing immigration benefits. AILA Doc. No. 13022545.
    AILA Doc. No. 13022545.
  • USCIS Policy Memo on TRIG Exemption for Participation in Iraqi Uprisings(675 KB - 2/25/2013)
    USCIS policy memo dated 11/12/12 with guidance on implementation of a terrorism-related inadmissibility ground (TRIG) exemption for certain individuals who are inadmissible due to participation in or association with the Iraqi uprisings from 3/1/1991 through 4/5/1991. AILA Doc. No. 13022544.
    AILA Doc. No. 13022544.
  • Napolitano Letter Regarding Impact of Sequestration on DHS(480 KB - 2/22/2013)
    Letter from Secretary of Homeland Security Janet Napolitano to the Senate Committee on Appropriations regarding the potential impacts of a March 1, 2013 sequestration on DHS, including effects on CBP, ICE, TSA, and more. AILA Doc. No. 13022247.
    AILA Doc. No. 13022247.
  • CBP Memo on Enforcement Actions Near Certain Community Locations(947 KB - 2/21/2013)
    A 1/18/13 CBP memo from Deputy Commissioner David Aguilar outlining departmental guidance for agents when an enforcement action is being contemplated or planned near certain locations, including schools, places of worship, community centers, hospitals and more. AILA Doc. No. 13022158.
    AILA Doc. No. 13022158.
  • DHS CRCL Memo on Department's Use of Unmanned Aerial Systems(592 KB - 2/21/2013)
    DHS Office for Civil Rights and Civil Liberties (CRCL) memo from 9/14/12 clarifying the privacy, civil rights, and civil liberties legal and policy issues surrounding the government’s use of Unmanned Aerial Systems (UAS) drones at the border. AILA Doc. No. 13022157.
    AILA Doc. No. 13022157.
  • Internal ICE E-mails Reveal Plans to Boost Deportations (2/15/2013)
    ICE e-mails from 2012, obtained by the ACLU of NC, reveal tactics for increasing deportations, such as trolling state driver's license records for foreign-born applicants and dispatching ICE agents to traffic checkpoints, which could target individuals with minor offenses. AILA Doc. No. 13021567.
    AILA Doc. No. 13021567.
  • USCIS Policy Memo on EB-5 Adjudications (Updated 2/15/13) (2/15/2013)
    USCIS draft policy memo addressing certain foundational issues in the EB-5 Program. This page includes the original draft memo and subsequent revisions. AILA Doc. No. 12011261.
    AILA Doc. No. 12011261.
  • USCIS Draft Policy Memo on EB-5 Adjudications Policy(585 KB - 2/14/2013)
    USCIS draft policy memorandum outlining the “preponderance of evidence” standard and defining the three key elements of the EB-5 program to help train & guide USCIS personnel in adjudicating applications and petitions. Comments are due 4/1/13. AILA Doc. No. 13021420.
    AILA Doc. No. 13021420.
  • FOIA Reveals Entrepreneurs in Residence Training Materials(4352 KB - 2/1/2013)
    Records released in response to a FOIA request for Entrepreneurs in Residence (EIR) presentations, handbooks, and manuals used to train USCIS personnel, including excerpts from the USCIS Academy’s Training Manual on “Start-Ups 101.” Special thanks to Michael Nowlan. AILA Doc. No. 13020145.
    AILA Doc. No. 13020145.
  • ICE Issues Revised Immigration Detainer Form I-247(807 KB - 1/28/2013)
    ICE revised immigration detainer Form I-247, issued in December 2012. The form incorporates national detainer guidance issued by ICE on 12/21/12 which limits the use of detainers to individuals who meet ICE enforcement priorities. AILA Doc. No. 13012869.
    AILA Doc. No. 13012869.
  • USCIS Draft RFE Template for I-129 O-1B Arts(727 KB - 1/22/2013)
    USCIS draft Request for Evidence (RFE) template for comment on I-129 O-1B Alien of Extraordinary Ability in the Arts. Comments are due 2/5/13. AILA Doc. No. 13012255.
    AILA Doc. No. 13012255.
  • USCIS Draft RFE Template for I-129 O-2 Artist or Athlete(698 KB - 1/22/2013)
    USCIS draft Request for Evidence (RFE) template for comment on I-129 O-2 Artist or Athlete. Comments are due 2/5/13. AILA Doc. No. 13012254.
    AILA Doc. No. 13012254.
  • USCIS Draft RFE Template for I-129 O-2 in the Motion Picture or TV Industry(704 KB - 1/22/2013)
    USCIS draft Request for Evidence (RFE) template for comment on I-129 O-2 in the Motion Picture or TV industry. Comments are due 2/5/13. AILA Doc. No. 13012252.
    AILA Doc. No. 13012252.
  • USCIS Draft RFE Template for I-129 O-1B Motion Picture and Television Production(724 KB - 1/22/2013)
    USCIS draft Request for Evidence (RFE) template for comment on I-129 O-1B Motion Picture and Television Production. Comments are due 2/5/13. AILA Doc. No. 13012251.
    AILA Doc. No. 13012251.
  • USCIS Draft RFE Template for I-129 O-1A SEBA(753 KB - 1/22/2013)
    USCIS draft Request for Evidence (RFE) template for comment on I-129 O-1A Science, Education, Business, Athletics (SEBA). Comments are due 2/5/13. AILA Doc. No. 13012250.
    AILA Doc. No. 13012250.
  • Updated Citizenship and Naturalization Policies in New USCIS Policy Manual(625 KB - 1/22/2013)
    USCIS public statement with highlights of consolidated and updated citizenship and naturalization guidance, contained in Volume 12 of the new online USCIS Policy Manual. This guidance replaces Chapters 71, 72, 73, 74, 75 & 76 of the AFM, related appendices & policy memoranda. AILA Doc. No. 13012249.
    AILA Doc. No. 13012249.
  • USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 1/18/13) (1/18/2013)
    USCIS updated 8/14/12 FAQ on consideration of deferred action for childhood arrivals, including background information on deferred action, guidelines for requesting consideration, eligibility criteria, filing processes, evidence and supporting documents, and more. AILA Doc. No. 12080365.
    AILA Doc. No. 12080365.
  • Highlights of Citizenship and Naturalization Policy in New USCIS Policy Manual(632 KB - 1/7/2013)
    USCIS provides highlights of its consolidated and updated citizenship and naturalization guidance, contained in Volume 12 of the new online USCIS Policy Manual. This guidance replaces Chapters 71, 72, 73, 74, 75 and 76 of the AFM, related appendices, and policy memoranda. AILA Doc. No. 13010746.
    AILA Doc. No. 13010746.
  • USCIS Interim Policy Memo on Adjudication of Certain I-751 Petitions(774 KB - 1/4/2013)
    USCIS interim policy memorandum revising guidance issued on 10/9/09 related to late filing of joint Form I-751, Petition to Remove the Conditions of Residence & authorizes officers to issue Requests for Evidence (RFEs) for untimely filed joint I-751s. Comments due 1/18/13. AILA Doc. No. 13010444.
    AILA Doc. No. 13010444.
  • CBP Guidance on Providing Language Assistance to Other Law Enforcement Organizations(695 KB - 1/3/2013)
    CBP memorandum dated 11/21/12, stating that if a non-DHS federal, state, or local law enforcement agency requests CBP assistance based solely on a need for language translation, those requests should be referred to translation services organizations. AILA Doc. No. 13010352.
    AILA Doc. No. 13010352.
  • USCIS Guidance Memo on Extension of Validity of Medical Certifications on Form I-693(528 KB - 1/2/2013)
    USCIS 12/20/12 guidance memorandum temporarily extending the validity of civil surgeon endorsements on Form I-693 for adjustment of status and temporary residence applicants, even if more than one year has elapsed since the civil surgeon’s endorsement. AILA Doc. No. 13010247.
    AILA Doc. No. 13010247.