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.  

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All Immigration Benefits and Relief Content

Publication Date: 
February 1, 2016
DACA has helped its beneficiaries find employment and increase their earnings. But, even with better jobs, not all DACA beneficiaries in our study were able to afford tuition at four-year...
January 14, 2016

U.S. children are clearly at a disadvantage if they have at least one undocumented parent. According to a report by the Migration Policy Institute (MPI) released yesterday, of the estimated 5.1...

January 8, 2016

In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (...

December 23, 2015

As 2015 comes to a close we revisit the year’s most-read blog posts on ImmigrationImpact.com. The top 10 posts include analysis of the presidential candidate’s immigration policy positions,...

December 2, 2015

Senator Bernie Sanders, a contender for the Democratic nomination for President, recently released his updated and vastly expanded immigration platform. His initial plan was short on detail;...

Publication Date: 
December 1, 2015
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.
November 20, 2015

One year ago, President Obama announced executive actions his Administration would take on immigration. These actions were meant as common-sense reforms to an immigration system that has not been...

November 5, 2015

Recently, a leaked memo related to the Department of Homeland Security’s ongoing deliberations about reforming the employment-based immigrant visa system was published online. An “investigative...

Publication Date: 
November 4, 2015
INA § 203(h)(3) provides alternate benefits - specifically, retention of the original priority date and automatic conversion of the petition - for beneficiaries who are found to have "aged out" under the age preservation formula of the CSPA. The Council opposed the BIA’s restrictive interpretation of this provision in In amicus curiae briefs filed with several Courts of Appeals and the Supreme Court, arguing that it should be found to apply to a larger universe of aged-out children. Ultimately, the Supreme Court upheld the BIA’s interpretation.

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