Immigration Benefits and Relief

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All Immigration Benefits and Relief Content

October 28, 2016
This Fact Sheet provides background on the three- and ten-year bars and waivers, and explains the recent regulatory changes.
June 28, 2016
This fact sheet provides an overview of the lawsuits that have challenged expanded DACA and DAPA. It explains the legal claims, the court decisions, and the process.
April 11, 2016
This guide provides brief answers to common questions about United States v. Texas, including what is at stake in the case, how the litigation began, what the contested issues are, and the impact the...
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...
August 26, 2014
The President has the legal authority to make a significant number of unauthorized migrants eligible for temporary relief from deportation that would be similar to the relief available under the...
June 16, 2014
This week marks the two-year anniversary of the Deferred Action for Childhood Arrivals (DACA) Program, first initiated by President Obama on June 15, 2012. This research brief presents current...
August 15, 2013

As Congress continues to debate immigration reform, August 15th marks the one-year anniversary of the Deferred Action for Childhood Arrivals (DACA)...

June 19, 2013
One of the themes that emerged from the Senate Judiciary Committee mark up of the 2013 Senate immigration bill was the necessity of avoiding the mistakes of the past. In the context of legalization...
April 29, 2013
Today in the United States, Lesbian, Gay, Bisexual, and Transgender (LGBT) Americans who fall in love with and marry foreign nationals are being asked to choose between country and spouse, country...
October 16, 2012
There are roughly 1.8 million immigrants in the United States who might be, or might become, eligible for the Obama Administration’s “deferred action” initiative for unauthorized youth brought to...
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.
October 19, 2016
The Council, along with amici the University of Houston Law Center, AILA, and others, submitted a brief in response to a request from the Board of Immigration Appeals, arguing that lawful permanent residents who were initially admitted to the United States after being waved through a port of entry were eligible for cancellation of removal on the grounds that they had been “admitted in any status,” a requirement of the cancellation statute.
March 7, 2016
The American Immigration Council, in collaboration with the National Immigration Law Center, the Service Employees International Union, the Advancement Project, LatinoJustice PRLDEF, and the Leadership Conference on Civil and Human Rights, filed an amicus brief on behalf of 320 other immigrants’ rights, civil rights, labor and social service organizations, urging the Supreme Court to lift the injunction that blocked the deferred action initiatives that President Obama announced in November 2014. In the brief, the groups outline how families and communities would benefit from the initiatives. The brief also provides examples of parents and individuals who would be able to contribute more fully to their communities if the immigration initiatives were allowed to take effect. The oral argument is scheduled for April 18, 2016.
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.
Faced with increasing reports from immigration lawyers of EAD adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
April 6, 2015
The American Immigration Council and its partners, the National Immigration Law Center and the Service Employees International Union, filed an amicus brief arguing that the Texas federal district court order blocking expanded DACA and DAPA should be reversed. The brief, filed on behalf of more than 150 civil rights, labor, and immigration advocacy groups, argues that these deferred action initiatives will have significant and widespread benefits on the U.S. economy, individual immigrants, their families, and their communities. The brief also includes examples of the government’s exercise of its discretion to deny requests under the initial DACA program to refute the district court’s conclusion that such cases are not adjudicated on a case-by-case basis.
December 29, 2014
The American Immigration Council and its partners, the National Immigration Law Center and the Service Employees International Union, in collaboration with other immigration, civil rights and labor groups, joined the legal effort to defend the deferred action initiatives President Obama announced on November 20, 2014. The amicus brief, which was written in support of the federal government, provides powerful economic, fiscal and societal reasons to permit the implementation of these programs.
August 18, 2014
A waiver of removal under INA § 212(h) is not available to an individual who committed an aggravated felony within five years of having previously been "admitted" to the United States as a lawful permanent resident. The Council, with AILA, filed amicus briefs in numerous Courts of Appeals, successfully arguing that the § 212(h) bar to waiver eligibility applies only to noncitizens who were admitted in LPR status at a port of entry, as distinct from those who adjusted to LPR status post-entry.
Duran Gonzalez is a Ninth Circuit-wide class action challenging DHS’ refusal to follow Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir. 2004). In Perez-Gonzalez, the Ninth Circuit had said that individuals who had been removed or deported could apply for adjustment of status (under INA § 245(i)) along with an accompanying I-212 waiver application. In Duran Gonzales v. DHS, 508 F.3d 1227 (9th Cir. 2007), the Ninth Circuit overturned Perez-Gonzalez, deferring to the BIA’s holding that individuals who have previously been removed or deported are not eligible to apply for adjustment of status. See Matter of Torres-Garcia, 23 I&N Dec. 866 (BIA 2006). The Court subsequently said, however, that some plaintiffs may be able to establish that the new rule should not apply retroactively.
October 3, 2013
One requirement of the age-preservation formula of the CSPA is that the beneficiary must have “sought to acquire” lawful permanent resident status within one year of the visa becoming available. INA § 203(h)(1). The Council’s amicus brief argued for a more expansive interpretation of “sought to acquire” than the BIA’s interpretation in Matter of O. Vasquez, 25 I&N Dec. 817 (BIA 2012). On July 23, 2014, the court issued a decision upholding the Board’s interpretation but remanding the case after finding that, under the facts presented, the retroactive application of Matter of O. Vasquez to the petitioner would work a manifest injustice. Velasquez-Garcia v. Holder, 760 F.3d 571 (7th Cir. 2014).
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
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 18, 2015
This Practice Advisory provides updated information about Initial Deferred Action for Childhood Arrivals (DACA) as well as the DACA Renewal process. It offers strategic advice for attorneys representing individuals who may qualify for DACA. The American Immigration Council issued this Advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.
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.
October 22, 2015
This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.
March 18, 2015
The Johnson Enforcement Memo, which went into effect on January 5, 2015, specifies the categories of noncitizens at greatest risk of deportation, provides guidance on the exercise of prosecutorial discretion by immigration officers and the use of detention space, and imposes new data tracking requirements. This Practice Advisory outlines the enforcement priorities under the memo and discusses how it relates to other agency guidance on prosecutorial discretion.
March 18, 2015
This Practice Advisory, updated following the issuance of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE, CBP and USCIS officers.
February 5, 2015
This Practice Advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.
August 27, 2014
This Practice Advisory is designed to assist attorneys without significant expertise in immigration law in determining whether individuals seeking Deferred Action for Childhood Arrivals (DACA) might be eligible for immigration benefits that are more lasting and concrete than DACA. The forms of relief discussed in this Practice Advisory include adjustment of status, U and T visas, asylum, special immigrant juvenile status, and more. The appendix includes a questionnaire that may be helpful in identifying individuals who qualify for one of these forms of relief.
February 5, 2014
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).
August 16, 2017

Hundreds gathered in front of the White House on a rainy Tuesday, not only to commemorate the fifth anniversary of the Deferred Action for Childhood Arrivals (DACA) initiative, but to fight for it...

August 15, 2017

The Deferred Action for Childhood Arrivals (DACA) initiative celebrates its fifth anniversary on Tuesday. By providing hundreds of thousands of young people temporary relief from deportation, DACA...

August 4, 2017

Diego and Lizandro Claros were deported to El Salvador this week, a country they fled as youngsters and a nation plagued by gang violence and instability. Since arriving in the United States, the...

July 25, 2017

With the Deferred Action for Childhood Arrivals (DACA) program now at risk of being terminated by the courts or the administration, pressure is building on Congress to pass legislation which...

July 20, 2017

The bipartisan Dream Act of 2017 was just introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) in the U.S. Senate. The bill provides legal status, as well as a path to...

July 11, 2017

The Pentagon is considering halting a program that allows immigrants with urgently needed skills to serve in the military, putting the thousands of soldiers promised expedited citizenship in...

June 15, 2017

Now marking its fifth year, the Deferred Action for Childhood Arrivals (DACA) initiative has been a much-needed lifeline for more than one million young undocumented immigrants who were brought to...

June 5, 2017

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is...

May 31, 2017

President Trump’s pick for the next director of U.S. Citizenship and Immigration Services (USCIS), Lee Francis Cissna, recently testified before the Senate Judiciary Committee. This was the first...

April 28, 2017

The fate of the Deferred Action for Childhood Arrivals (DACA) initiative has left 1.3 million undocumented immigrant youth in limbo. President Trump has assured DACA recipients that they can “rest...

July 19, 2017
U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS, recognizing that USCIS must adjudicate asylum seekers’ employment authorization applications within 30 days if they are submitted in a timely manner.
January 30, 2017
The lawsuit is filed on behalf of United States citizens and lawful permanent residents who have filed visa petitions for their immediate family members who are nationals of the seven countries.
June 23, 2016

Washington D.C. - Today, the Supreme Court issued a 4-4 decision in United States v.

June 23, 2016

Washington D.C. - Today, the Supreme Court issued a 4-4 decision in United States v.

April 18, 2016

Washington D.C. - Today, the Supreme Court heard oral arguments in United States v. Texas.

June 10, 2015

Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S.

May 26, 2015

Washington D.C. - In a disappointing decision, a divided panel of the Fifth Circuit Court of Appeals today 

May 26, 2015

Washington D.C.– Last Friday, three immigrants and two immigration service providers filed a nationwide class action lawsuit against U.S.

August 16, 2017

Hundreds gathered in front of the White House on a rainy Tuesday, not only to commemorate the fifth anniversary of the Deferred Action for Childhood Arrivals (DACA) initiative, but to fight for it...

August 15, 2017

The Deferred Action for Childhood Arrivals (DACA) initiative celebrates its fifth anniversary on Tuesday. By providing hundreds of thousands of young people temporary relief from deportation, DACA...

August 4, 2017

Diego and Lizandro Claros were deported to El Salvador this week, a country they fled as youngsters and a nation plagued by gang violence and instability. Since arriving in the United States, the...

August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
July 25, 2017

With the Deferred Action for Childhood Arrivals (DACA) program now at risk of being terminated by the courts or the administration, pressure is building on Congress to pass legislation which...

July 20, 2017

The bipartisan Dream Act of 2017 was just introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) in the U.S. Senate. The bill provides legal status, as well as a path to...

July 19, 2017
U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS, recognizing that USCIS must adjudicate asylum seekers’ employment authorization applications within 30 days if they are submitted in a timely manner.
July 11, 2017

The Pentagon is considering halting a program that allows immigrants with urgently needed skills to serve in the military, putting the thousands of soldiers promised expedited citizenship in...

June 15, 2017

Now marking its fifth year, the Deferred Action for Childhood Arrivals (DACA) initiative has been a much-needed lifeline for more than one million young undocumented immigrants who were brought to...

June 5, 2017

A judge on the U.S. Court of Appeals for the Ninth Circuit issued an important immigration opinion last month, blasting the administration’s immigration policy and the unfettered discretion it is...

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