Adjustment of Status
Justices Consider the Limits of Judicial Review in Latest Immigration Case at the Supreme Court
The Supreme Court heard oral argument on Monday in a case that raises a critical question of whether a federal court can review a noncitizen’s eligibility for certain types of discretionary immigration relief, or whether that decision rests on the sole determination of a government agency official. The case—Patel… Read More
Over 250,000 Young People Are at Risk of Deportation When They Turn 21
A lesser-known group of young people who grew up in the United States with immigration status—typically the children of noncitizens who entered the U.S. on temporary work visas—is increasingly at risk of deportation. They are known as Documented Dreamers, and when these young adults turn 21, they “age out”… Read More
Challenging USCIS for Delays in Renewal of Employment Authorizations
The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers. Read More
Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo
Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date for visa eligibility retrogressed (moved backward in time) for people born in India who are in the employment-based (EB) third… Read More
Attorney General Garland Brings Back Administrative Closure for Immigration Judges
Attorney General Merrick Garland vacated Matter of Castro-Tum on July 15, reviving a key tool to help judges prioritize cases in the overburdened immigration court system and allow people facing deportation to pursue all available paths to legal status. In Matter of Cruz-Valdez, the attorney general reversed a decision… Read More
‘Freedom of Information Act and Immigration Agencies
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. Read More
Trump’s Citizenship Test Scrapped by USCIS Over Politicization and Complexity Concerns
Individuals hoping to become a naturalized American citizen will take a different civics test beginning this week, as U.S. Citizenship and Immigration Services (USCIS) reverts back to a previous version of the test. USCIS has scrapped a 2020 version of the U.S. citizenship test implemented during the final months… Read More
The United States Needs a New Approach to Visas and Immigration Benefits
This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election. The Biden administration faces a fundamental challenge in reforming the U.S. immigration system: making the United States more welcoming to immigrants. Part of this effort… Read More
Groups Sue Trump Administration Over Immigration Courts Fee Increases and Access to Justice
The American Immigration Council, the National Immigration Law Center and Gibson, Dunn & Crutcher filed a federal lawsuit challenging the Trump administration’s new rule that drastically increases fees across-the-board in immigration proceedings. Read More
USCIS Cancelled Planned Staff Furloughs, But Budgetary Challenges Remain
U.S. Citizenship and Immigration Services (USCIS) told Congress in May that it was running out of money and would need a $1.2 billion bailout to maintain its operations without major disruptions. The agency threatened to furlough over 13,000 of its staff in the process—a step that would bring the… Read More
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