Immigration Benefits and Relief
The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation. The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements. Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible. Providing avenues for legal status, protection, and family reunification is vital to ensuring humanitarian protection for immigrants. We are leading policy changes that open more opportunities like asylum, visas for victims of crime or human trafficking, and relief for long-term residents. Explore the resources below to learn more.
Council and WilmerHale File Administrative Challenge to Burdensome Records Requirement for Employment Authorization
The Council and the law firm WilmerHale filed a petition with the Office of Management and Budget (OMB) challenging the requirement that asylum seekers provide a wide range of criminal records when applying for an employment authorization document (EAD). U.S. Citizenship and Immigration Services revised the… Read More
Supreme Court Makes It Harder for Green Card Holders to Get Relief From Deportation
In a 5-4 decision on April 23, the U.S. Supreme Court expanded the types of criminal offenses that bar green card holders from seeking a form of relief from deportation. The case, Barton v. Barr, is about who is eligible to apply for a form of… Read More
Class Action Lawsuit Seeks to Challenge USCIS’ Unlawful Denial of H-1B Petitions Filed by American Businesses
The American Immigration Council, the American Immigration Lawyers Association, and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit today challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analysts positions filed by businesses in the United States. Read More
How the Coronavirus Is Disrupting USCIS Processing of Immigration Applications
The coronavirus outbreak has significantly disrupted the operations of government agencies around the country, including U.S. Citizenship and Immigration Services (USCIS). USCIS is the agency that processes applications for various types of immigration benefits. USCIS Changes Office Operations During Coronavirus Outbreak The USCIS Seattle office was the first to… Read More
USCIS’ Change to How ‘Unlawful Presence’ Is Calculated Is Defeated in Court
A federal district court stopped U.S. Citizenship and Immigration Services (USCIS) from drastically changing how the agency determines when a foreign student or exchange visitor is “unlawfully present” in the United States. “Unlawful presence” is defined by law as any time a foreign national spends in the United States after… Read More
Student’s Deportation Shows a Pattern of US Government Targeting Iranians
Iranian students coming to the United States are being stopped at airports, having their visas revoked, and are being deported. Advocates warn this trend is emerging less than a month after hundreds of Iranian Americans were stopped and interrogated at a port of entry between Washington… Read More
Comments on U.S. Citizenship and Immigration Services’ Proposed Fee Schedule and Changes to Other Immigration Benefit Request Requirements
The American Immigration Lawyers Association and American Immigration Council submitted the following comments in response to the above-referenced Notice and Request for Comments on the Department of Homeland Security proposed rule, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit 1 Request Requirements,” published in… Read More
Defense Spending Act Allows Thousands of Liberians to Apply for Permanent Residency
The defense spending package for the fiscal year 2020 will allow thousands of Liberians living in the United States to gain green cards. The $738-billion National Defense Authorization Act (NDAA) was signed into law by President Trump in December. About 4,000 Liberians may now have a path to citizenship under this new law. Read More
The Supreme Court Heard a Major Case on DACA. Here’s What You Need to Know.
The Supreme Court heard arguments on November 12 in three cases challenging President Trump’s attempted rescission of the Deferred Action for Childhood Arrivals (DACA) initiative. The Court’s decision could have far-reaching consequences for DACA recipients and the limits of executive authority when it comes to immigration… Read More
Comments Opposing Removal of 30-Day Processing Provision of Asylum Application-Related Form I-765 Employment Authorization Applications
Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration proposed a regulation that would eliminate this deadline, creating immediate and harmful effects on asylum seekers and their families as well… Read More
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