Adjustment of Status

The enforcement of immigration laws is a complex and hotly-debated topic. Learn more about the costs of immigration enforcement and the ways in which the U.S. can enforce our immigration laws humanely and in a manner that ensures due process.

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May 20, 2015

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may...

The American Immigration Council has filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security in a federal district court in New York, challenging the government’s unlawful practice of depriving certain Temporary Protected Status (TPS) holders with close family relationships or employment in the United States from becoming lawful permanent residents.
January 9, 2018

Secretary of Homeland Security Kristjen Nielsen announced on Monday that the Temporary Protected Status (TPS) designation for El Salvador would be terminated. The decision to terminate TPS for...

November 13, 2017

The average processing time for United States citizenship applications used to take five to seven months – already a lengthy timeline for immigrants waiting to get their citizenship vetted and...

September 27, 2017

The announcement of the end of the Deferred Action for Childhood Arrivals (DACA) initiative has hit home for many. The public has demonstrated a strong distaste for taking away young, undocumented...

September 21, 2017

With the stroke of a pen, the Secretary of Homeland Security upended the lives of over 1,000 Sudanese nationals living in the United States with the announcement this week that Temporary Protected...

August 29, 2017

The Trump administration continued its attack on legal immigration this month, announcing that it will start requiring additional in-person interviews for tens of thousands of individuals who have...

March 31, 2017
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible.
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 (...

November 1, 2015
This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This Advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.
September 29, 2015

Earlier this month, the immigration agencies took a positive step forward in implementing the executive action promise to reform the visa system when they issued the October Visa Bulletin,...

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