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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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  • The § 237(a)(1)(H) Fraud Waiver

    This Practice Advisory discusses the § 237(a)(1)(H) waiver for fraud or misrepresentation at admission that would otherwise render deportable certain LPRs and Violence Against Women Act (VAWA) self-petitioners. The advisory addresses contexts in which the waiver is available, the statutory eligibility requirements, and the relief that results from a grant of the waiver.

    Published On: Monday, June 1, 2009 | Download File

  • Electronic Filing and Access to Electronic Federal Court Documents

    This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The advisory discusses restrictions on electronic access to court documents in immigration cases.

    Published On: Monday, April 13, 2009 | Download File

  • Voluntary Departure Q&A

    This Q&A provides an overview of EOIR’s regulations on voluntary departure, issued December 18, 2008. The regulations, which went into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed.

    Published On: Monday, December 22, 2008 | Download File

  • Equal Access to Justice Act (EAJA) Fee Application

    This Practice Advisory addresses the deadline for filing an Equal Access to Justice Act (EAJA) fee application, the statutory requirements for eligibility, and procedural aspects of filing an application, including documenting and calculating fees.

    Published On: Monday, December 8, 2008 | Download File

  • USCIS Adjustment of Status of "Arriving Aliens" with an Unexecuted Final Order of Removal

    This Practice Advisory explains why USCIS has jurisdiction over adjustment applications of an arriving alien parolee with an unexecuted final order of removal. It also outlines the arguments why such a parolee remains eligible for adjustment notwithstanding an unexecuted final order of removal. This Practice Advisory supplements an earlier practice advisory addressing the adjustment of paroled “arriving aliens” under the interim regulations adopted on May 12, 2006.

    Published On: Thursday, November 6, 2008 | Download File