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Professional Resources

Energize at Your Desk: A Well-Being Skills Builder

AILA Well-Being Committee Member Jennifer Howards leads us in some quick stretches that you can do at your desk!

7/19/24 AILA Doc. No. 24071900. Well-Being
FR Regulations & Notices

Advance Copy: ICE Notice of Employment Authorization for Somali F-1 Nonimmigrant Students

Advance copy of ICE notice suspending certain regulatory requirements for F-1 nonimmigrant students from Somalia who are experiencing severe economic hardship effective September 18, 2024, and ending on March 17, 2026. Will be published on July 22, 2024, in the Federal Register.

7/19/24 AILA Doc. No. 24071962. Students & Schools
Practice Resources

Practice Alert: ICE Terminating Free Minutes for People in Detention

ICE is terminating the 520 free telephone minutes provided for people in detention during COVID-19. AILA members are encouraged to use ICE’s Virtual Attorney Visitation program and reminds members that they can request certain free phone calls under the PBNDS.

7/19/24 AILA Doc. No. 21102863. Detention & Bond, Removal & Relief
Immigration News

Daily Immigration News Clips – July 19, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 19, 2024.

7/19/24
FR Regulations & Notices

Advance Copy: USCIS Notice of Extension and Redesignation of Somalia for TPS

Advance copy of USCIS notice of extension and redesignation of Somalia for Temporary Protected Status (TPS) for 18 months, beginning on September 18, 2024, and ending on March 17, 2026. Notice will be published in the Federal Register on July 22, 2024.

Practice Resources

Updated Practice Alert on New 212(d)(3) Waiver Guidance

The DOS Liaison Committee provides a more detailed look at the new FAM updates related to 212(d)(3) waivers after DOS released its clarifying guidance and updated the FAM.

7/19/24 AILA Doc. No. 24071509. DACA, Students & Schools, Waivers
Practice Resources, AILA Announcements

Registration Now Open: Transitioning from QuickBooks Desktop to Online for Your IOLTA

Join our roundtable on transitioning from QuickBooks Desktop to Online for your IOLTA. Discover best practices, tips, and insights to make your transition seamless and efficient. Don't miss it!

Cases & Decisions, Federal Court Cases

CA11 Upholds Denial of Yemeni Petitioner’s Request for Administrative Closure or Continuance

The court found that it lacked jurisdiction over the BIA’s denial of the petitioner’s motion to remand, and concluded that the BIA did not abuse its discretion in denying his request for an administrative closure or a continuance. (Alkotof v. Att’y Gen., 7/12/24)

7/18/24 AILA Doc. No. 24071814. Asylum, Removal & Relief
Cases & Decisions, Federal Court Cases

CA8 Upholds Asylum Denial Where Petitioner Claimed Past Persecution Based on Her Daughter’s Medical Treatment in Guatemala

The court upheld the BIA’s conclusion that the petitioner had not established past persecution, where she alleged that she was persecuted by hospital staff at a government-run hospital in Guatemala where she would take her daughter, who had a genetic disorder. (Calvo-Tino v. Garland, 7/12/24)

7/18/24 AILA Doc. No. 24071813. Asylum, Removal & Relief
Cases & Decisions, Federal Court Cases

CA9 Holds That California Carjacking Is Not a Crime of Violence under INA §101(a)(43)(F)

The court concluded that a conviction for carjacking in California under Cal. Pen. Code §215(a) was not a categorical crime of violence, and that the BIA erroneously determined that the petitioner had waived his challenge to the moral turpitude removal charge. (Gutierrez v. Garland, 7/2/24)

7/18/24 AILA Doc. No. 24071812. Asylum, Removal & Relief
Cases & Decisions, Federal Court Cases

CA8 Remands Asylum Claim of Pastor of Christian Church in El Salvador Who Was Targeted by MS-13 Gang Members

The court held that the BIA and IJ failed to conduct the required careful examination of the record to determine whether religion may have been one of multiple central reasons for the gang members’ persecution of the petitioner in El Salvador. (Rivera v. Garland, 7/5/24)

7/18/24 AILA Doc. No. 24071811. Asylum, Removal & Relief
Agency Memos & Announcements

USCIS Publishes FAQs for Individuals in H-1B Nonimmigrant Status

USCIS provides FAQs addressing common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members.

7/18/24 AILA Doc. No. 24071810. Business Immigration, H-1B & H-1B1 Specialty Occupation
Cases & Decisions, Federal Court Cases

CA2 Finds Petitioner’s Ground of Removal Was Insufficiently Related to His Marriage Fraud to Support INA §237(a)(1)(H) Waiver

The court upheld the BIA’s determination that petitioner could not invoke INA §237(a)(1)(H)’s fraud waiver to waive his charge of removability, because his conditional permanent resident status terminated automatically due to his failure to submit a joint petition. (Bador v. Garland, 7/11/24)

7/18/24 AILA Doc. No. 24071809. Asylum, Removal & Relief
Immigration News

Daily Immigration News Clips – July 18, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 18, 2024.

7/18/24
Amicus Briefs/Alerts

AILA and Partners Submit Amicus Brief on Provisional Waiver Delays

AILA and the American Immigration Council submitted an amicus brief to the Sixth Circuit, arguing that there is no jurisdictional bar to a suit challenging USCIS's years-long delay in adjudicating the plaintiff's I-601A provisional waiver application.

7/18/24 AILA Doc. No. 24071808. Provisional Waivers, Waivers
Professional Resources

Visalaw.AI/GEN

Visalaw.Ai is a cutting-edge AI software platform that empowers immigration lawyers in their everyday work. The platform offers legal research, summarization, drafting, and client engagement tools.

7/18/24 AILA Doc. No. 24071802.
Professional Resources

Keeping Client Data Safe in 2024 and Beyond

The world of cybersecurity continues to evolve at the speed of light. AILA provides an article to quickly share with lawyers what is changing, how to better protect your clients and your firm, and what steps you can take to implement security measures for both.

7/18/24 AILA Doc. No. 24071807. Practice Management
Agency Memos & Announcements

USCIS Issues Policy Guidance on Children’s Acquisition of Citizenship

USCIS updated its guidance on children’s acquisition of citizenship in response to public feedback. It also updated guidance based on the U.S. Supreme Court decision in Sessions v. Morales-Santana, 582 U.S. 47 (2017), and clarified other provisions related to the acquisition of citizenship.

7/18/24 AILA Doc. No. 24071806. Naturalization & Citizenship
Cases & Decisions, Federal Court Cases

CA3 Holds That Time Spent in Pretrial Detention Is Confinement as a Result of Conviction under the INA

The court held that pre-conviction detention credited toward a defendant’s sentence is confinement “as a result of conviction” under INA §101(f)(7), thus precluding a finding of good moral character under the cancellation of removal statute. (Aguilar v. Att’y Gen., 7/10/24)

7/18/24 AILA Doc. No. 24071804. Asylum, Removal & Relief
Cases & Decisions, Federal Court Cases

CA2 Upholds Denial of Cancellation of Removal to Petitioner Whose Daughter Had Mental Health Conditions

The court held that the BIA and IJ did not err in denying cancellation of removal to the petitioner, upholding the agency’s conclusion that the hardships his daughter might face were not exceptional and extremely unusual as required by INA §240A(b)(1)(D). (Garcia Carrera v. Garland, 7/3/24)

7/18/24 AILA Doc. No. 24071803. Asylum, Removal & Relief
Amicus Briefs/Alerts

AILA and Partners Argue BIA's Methodology Creates Uncertainty Regarding Criminal Convictions

AILA and partners submit an amicus brief to the Fourth Circuit in Baptista v. Garland, explaining the wider implications of the Board's decision for defense attorneys, the immigration attorneys who advise them, and the criminal justice system as a whole.

7/18/24 AILA Doc. No. 24071801. Crimes, Removal & Relief
AILA Blog

Think Immigration: I Wish People Understood that the U.S. Healthcare System Depends on Immigrants

As part of our “One Thing” series, Anthony Pawelski explains how “despite the vital role of immigrant healthcare workers, our immigration system is simply not designed to help us build the healthcare workforce we need, especially in medically underserved communities.”

7/18/24 AILA Doc. No. 24071707. Physicians & Healthcare
AILA Announcements

Join Us: Handling Election Anxiety Roundtable

Join us for a roundtable on July 26 to discuss practical strategies for man election anxiety. Expert Mike Lubofsky, a therapist and attorney, will discuss mindfulness, stress management, and resilience-building exercises. Enhance your well-being during this turbulent period by connecting with peers.

7/18/24 Well-Being
Professional Resources

Sample Informed Consent Text for PIP Program Client Representation

AILA provides a sample informed consent form for the new parole-in-place program recently announced by the Biden Administration.

7/17/24 AILA Doc. No. 24071706. Family Immigration, Family-Based Immigrants
Practice Resources

Streamlining Dreamers’ Access to Employment-Based Visas Using D-3 Waivers: What You Need To Know

The Presidents' Alliance, TheDream.US, and Cornell Law School provided information on why Dreamers are eligible for employment-based visa options, the obstacles that DACA recipients and other Dreamers face in accessing such visas, what are D-3 waivers, why they are needed, and more.

7/17/24 AILA Doc. No. 24071705. DACA, Students & Schools, Waivers
Professional Resources

Managing Conflicts of Interest in Special Immigrant Juvenile Status Cases

An attorney is prohibited from representing two clients if the conflict of interest is not waivable. This ethics article examines conflicts of interest in a narrow category of cases, namely, when an attorney represents a client on a petition for Special Immigrant Juvenile Status.

7/17/24 AILA Doc. No. 24071704. Ethics, Special Immigrant Juveniles
Examples & Questions

Call for Examples: New 9089 Adjudications in FLAG

AILA’s DOL Committee seeks examples of RFIs, audits, or denials in connection with the new ETA Form 9089 now available in the FLAG system.

7/17/24 AILA Doc. No. 24071703. Business Immigration, Labor Certification (Permanent)
Agency Memos & Announcements

USCIS Issues Reminders About New Parole-in-Place Program

USCIS issued a reminder that it will start accepting applications on August 19. Applications submitted earlier will be rejected. USCIS also included a list of evidence that could be gathered now.

7/17/24 AILA Doc. No. 24071702. Family Immigration, Family-Based Immigrants
Agency Memos & Announcements

White House Releases Fact Sheet Announcing Additional Actions and Guidance on Affirmative Relief

The White House released additional details related to its June 18, 2024, announcements on a new process to help U.S. citizens with noncitizen spouses and children, as well as additional announcements for DACA recipients, and more.

AILA Governance

AILA Annual Meeting Minutes (6/13/24)

Minutes from the AILA Annual Membership Meeting held in person on June 13, 2024.

7/17/24 AILA Doc. No. 24071700.
Immigration News

Daily Immigration News Clips – July 17, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 17, 2024.

7/17/24
Examples & Questions

Call for Examples: Erroneous Rejections Stemming from April 1 Changes at USCIS

AILA seeks examples of applications and/or petitions that may have been erroneously rejected due to recent changes in filing locations and form editions associated with USCIS. This call will remain open until the issue has been resolved.

7/17/24 AILA Doc. No. 24042513.
Examples & Questions

Call for Questions: CBP Committee to Meet with CBP Admissibility Review Office

AILA’s CBP Liaison Committee seeks questions for an upcoming meeting with the CBP's Admissibility Review Office (ARO). Questions are due by July 26, 2024.

7/17/24 AILA Doc. No. 24071267. Admissions & Border
Featured Issues

Featured Issue: It's Time to Change the Lozada Standard

Use this page to learn more about the impact of the Matter of Lozada and how AILA wants the Lozada standard changed.

7/17/24 AILA Doc. No. 24070933. Removal & Relief
AILA Blog

Think Immigration: USCIS Policy Changes Open New Opportunities for Immigration Lawyers to Support Stateless People

In this blog post, AILA members Betsy Fisher and Samantha Sitterley describe a recently developed USCIS process to determine whether a person is stateless; an upcoming AILA Roundtable will delve further into how AILA members can support stateless clients.

7/17/24 AILA Doc. No. 24071606. Asylum, T & U Status
Agency Memos & Announcements

DHS Issues Guidance on Preventing and Addressing Gender-Based Violence Through a Victim-Centered Approach

DHS issued a directive that establishes its policy on efforts to prevent and address gender-based violence and formalizes its policy on victim-centered, trauma-informed, and culturally sensitive approaches.

7/16/24 AILA Doc. No. 24071136. Asylum, Removal & Relief, T & U Status
AILA Announcements

Sign Up for an AILALink Training

Learn how AILALink is the perfect tool for electronic access to the books and other research resources you need. Sign up for our next group training at 2:00 pm (ET) on Wednesday, August 14, or sign up for AILALink office hours.

7/16/24 AILA Doc. No. 15082740.
Professional Resources

Use AILA’s Marketplace Study to Guide Your Business Decisions

It may be 2024, but the 2022 Marketplace Study still has much to offer. Check it out today to learn important data to help you make informed career choices and manage your immigration practice.

7/16/24 AILA Doc. No. 22050251. Practice Management
Practice Resources

Practice Alert: USCIS Updates Public Information on the International Entrepreneur Rule

AILA provides a practice alert on the International Entrepreneur Rule, under which entrepreneurs granted parole will be eligible to work only for their start-up business. The spouse and children may also be eligible for parole. Recent data showed that the program has been underutilized.

7/16/24 AILA Doc. No. 24071605. Business Immigration
Immigration News

Daily Immigration News Clips – July 16, 2024

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 16, 2024.

7/16/24
Agency Memos & Announcements

USCIS Issues Guidance on Noncompliance with EB-5 Regional Center Program

USCIS issued policy guidance for noncompliance with the EB-5 Regional Centers, updating Part G, Investors, in Volume 6 of the Policy Manual, to incorporate statutory reforms included in the EB-5 Reform and Integrity Act of 2022, and is effective immediately.

7/16/24 AILA Doc. No. 24071604. Business Immigration, EB-5 Investors
Professional Resources

Managing Associates and Staff Better

Managing requires leadership and communication skills. These "soft" skills, though challenging to learn, are essential and can yield significant benefits. It's a misconception that they are unlearnable; with effort, they can be developed and refined. Learn more today.

7/16/24 AILA Doc. No. 24071603. Practice Management
AILA Announcements

Connect with Like-Minded Colleagues through AILA Interest Groups

AILA members who share common interests and backgrounds can network and engage in discussions through AILA’s interest groups. These informal affiliations cover a wide range of backgrounds, identities, professions, and interests. AILA recently added three new interest groups. Check out the full list!

7/16/24
AILA Announcements

Free Preview of AILA Waivers Online Course: Nonimmigrant Inadmissibility and Relief under INA §212(d)(3)(A)

As a special benefit for AILA members and in light of the new parole-in-place options due to the executive actions to promote family unity and help Dreamers, AILA is providing this free preview of the AILA Waivers Online Course.

Featured Issues

Featured Issue: Executive Actions to Promote Family Unity and Help Dreamers

Use this page to find information on the June 18, 2024, announcements regarding a new process for certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without having to leave the United States and to help certain college graduates more quickly receive work visas.

AILA Announcements

The New Kurzban's Is Now at the Printer!

The fully updated, 19th edition of Kurzban's Immigration Law Sourcebook is now at the printer, and it is packed full of critical updates. Make sure you order your copy of this essential immigration law resource by July 31, 2024, to lock in the member-exclusive 25% discount. Don't miss out!

Practice Resources

Practice Alert: USCIS Amends Grace Periods for Forms I-914 and I-918B

In connection with the 2024 fee rule, USCIS released new editions of Forms I-914, I-918, and related forms with an effective date of June 3, 2024, requiring the use of the new form editions in just over 60 days. AILA and partners advocated for an amended grace period and USCIS extended them.

7/15/24 AILA Doc. No. 24071508. T & U Status

Watch the Recording: The President’s Executive Actions Promoting Family Unity and Dreamers

Watch this free recording of AILA leadership, staff, and experts discussing the President’s announcement on using parole-in-place to promote family unity and leveraging INA 212(d)(3) waivers for U.S. college-educated DACA recipients and Dreamers.

Agency Memos & Announcements

DOS Issues Guidance on Easing the Nonimmigrant Visa Process for U.S. College Graduates

After the White House announced actions to allow certain individuals to receive nonimmigrant work visas more quickly, DOS clarified existing guidance to consular officers regarding when they should consider recommending that DHS grant a waiver of ineligibility, where applicable.

7/15/24 AILA Doc. No. 24062001. Consular Processing, Waivers
Practice Resources

Practice Pointer: OFLC Updates OEWS Prevailing Wages in FLAG

AILA’s DOL Liaison committee provides a practice pointer on the transition of prevailing wages in FLAG, highlights from technical notes, and updated prevailing wage data for CNMI.

7/15/24 AILA Doc. No. 24071265. Business Immigration