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Practice Advisories

LAC Practice Advisories provide in depth discussion and analysis of select substantive and procedural issues in immigration law. The Practice Advisories are intended to assist lawyers and do not substitute for individual legal advice supplied by a lawyer familiar with a client's case.

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  • Deferred Action for Childhood Arrivals

    This Practice Advisory provides updated information about Initial Deferred Action for Childhood Arrivals (DACA) as well as the DACA Renewal process. It offers strategic advice for attorneys representing individuals who may qualify for DACA. The American Immigration Council issued this advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.

     

    Published On: Thursday, August 28, 2014 | Download File

  • Screening Potential DACA Requestors for Other Forms of Relief

    This Practice Advisory is designed to assist attorneys without significant expertise in immigration law in determining whether individuals seeking Deferred Action for Childhood Arrivals (DACA) might be eligible for immigration benefits that are more lasting and concrete than DACA. The forms of relief discussed in this Practice Advisory include adjustment of status, U and T visas, asylum, special immigrant juvenile status, and more. The appendix includes a questionnaire that may be helpful in identifying individuals who qualify for one of these forms of relief. 

    • For practical tips on screening noncitizens for immigration benefits, consider purchasing the accompanying webinar (proceeds go to the Immigration Advocates Network, a non-profit partner organization of the American Immigration Council).

    Published On: Wednesday, August 27, 2014 | Download File

  • Notices to Appear

    This practice advisory, written in collaboration with the ABA Commission on Immigration and Penn State Law’s Center for Immigrants’ Rights, provides innovative legal and procedural arguments and strategies for attorneys representing noncitizens 1) who are likely to be issued NTAs, 2) who have been issued NTAs that have not been filed with the immigration court, or 3) who have been issued NTAs that have been filed. It provides an overview of the legal requirements for an NTA and strategies available to attorneys to cancel, mitigate, or challenge the contents of an NTA. In addition to presenting legal and procedural arguments, the advisory provides strategies to attorneys wishing to seek prosecutorial discretion in connection with the NTA.

    Published On: Monday, June 30, 2014 | Download File

  • Requesting Attorneys' Fees Under the Equal Access to Justice Act

    Litigants who are successful in their federal court cases against the government may be able to recover attorneys’ fees and costs under the Equal Access to Justice Act (EAJA).  The American Immigration Council and National Immigration Project have reissued their practice advisory on EAJA.  The advisory discusses the statutory requirements for eligibility and other procedural and substantive aspects of filing an EAJA fee application.

    Published On: Tuesday, June 17, 2014 | Download File

  • Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

    The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).

    For more information, please visit our asylum clock litigation page and read the updated FAQ on the benefits provided under the settlement agreement of the nationwide class action, ABT. v. USCIS, which challenged policies related to employment authorization for asylum applicants.

    Published On: Wednesday, February 5, 2014 | Download File