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.  

Recent Features

The Dream Act: An Overview

The Dream Act would permanently protect certain immigrants who came to the United States as children but are vulnerable to deportation. 

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  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

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.

All Immigration Benefits and Relief Content

  • Advocacy

Council & AILA Response to DHS’s notice of revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions (submitted Feb. 18, 2014)

The American Immigration Council and the American Immigration Lawyers Association submitted suggestions to USCIS regarding the effective implementation of the renewal process.
  • Advocacy

Council, AILA & Other Stakeholders’ Response to DHS’s notice of revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions (submitted Feb. 18, 2014)

The American Immigration Council along with the American Immigration Lawyers Association, the Immigrant Legal Resource Center, the National Immigration Project of the National Lawyers Guild, Educators For Fair Consideration, the National Immigration Law Center, United We Dream, and the Catholic Legal Immigration Network, Inc. offered comments in response to DHS’s proposed new DACA application form and instructions.
  • Advocacy

Letter Requesting Modifications to USCIS DACA FAQ (submitted June 3, 2013)

The American Immigration Council along with American Immigration Lawyers Association, Immigrant Legal Resource Center, National Council of La Raza, National Immigration Project of the National Lawyers Guild, and United We Dream, submitted proposals to USCIS seeking certain modifications to the DACA Frequently Asked Questions page.
  • Advocacy

Second Letter Requesting Modifications to USCIS DACA FAQ (submitted April 8, 2014)

The American Immigration Council along with American Immigration Lawyers Association, Immigrant Legal Resource Center, Mexican American Legal Defense and Educational Fund, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, New York Immigration Coalition, and United We Dream, submitted proposals to USCIS seeking certain modifications to the DACA Frequently Asked Questions page.
  • Advocacy

Response to DHS’s notice of revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals, and accompanying instructions (submitted Feb. 12, 2013)

The American Immigration Council, the American Immigration Lawyers Association, the Catholic Legal Immigration Network, Inc., and the National Immigration Law Center welcomed changes made by USCIS, but encouraged several additional changes to Form I-821D and the accompanying instructions to make it more understandable and accessible to DACA requesters, particularly those requesters who are unrepresented.
  • Amicus Briefs

United States v. State of Texas, No. 15-674 (S.Ct., amicus brief filed November 30, 2015)

The American Immigration Council, in collaboration with the National Immigration Law Center, the Service Employees International Union, American Federal of Labor and Congress of Industrial Organizations, Advancement Project, LatinoJustice PRLDEF, and the Leadership Conference on Civil and Human Rights, among others, filed an amicus brief on behalf of a coalition of 224 immigration, civil rights, labor and social service groups, urging the Supreme Court to review the case that has blocked expanded DACA and DAPA.
  • Blog

Justices Consider the Limits of Judicial Review in Latest Immigration Case at the Supreme Court

December 7, 2021

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...

  • Blog

Over 250,000 Young People Are at Risk of Deportation When They Turn 21

December 1, 2021

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...

  • Blog

Failure to Reauthorize Employment Harms Asylum Seekers and the U.S. Economy

November 12, 2021

U.S. workers are losing their jobs due to bureaucratic delays at U.S. Citizenship and Immigration Services (USCIS), despite an economy desperate for workers. Asylum seekers wanting to renew their...

  • Blog

Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo

November 5, 2021

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...

  • Blog

What You Need to Know About the New Proposed DACA Regulation

September 27, 2021

The Biden administration followed through on its Day One promise to create a new regulation to “preserve and fortify” the Deferred Action for Childhood Arrivals initiative (DACA) on September 27....

  • Blog

Federal Judge Strikes Down DACA: What You Need to Know

July 19, 2021

Nearly a decade after the U.S. Department of Homeland Security created the Deferred Action for Childhood Arrivals (DACA) program to provide protections to undocumented immigrants brought here as...

  • Blog

Attorney General Garland Brings Back Administrative Closure for Immigration Judges

July 16, 2021

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...

  • Blog

DACA Has Allowed Me to Pursue Education, But We Need A Permanent Solution Now

June 15, 2021

My name is Hali Calzadillas-Andujo and I’m originally from Chihuahua, Mexico. I first came to the United States with my mother and siblings when I was eight years old. I didn’t even know what it...

  • Blog

Problems at USCIS Persist, Despite Biden’s Progress on Immigration in His First 100 Days

April 29, 2021

When President Biden took office, he inherited a legal immigration system that was teetering on the brink of collapse. Delays within U.S. Citizenship and Immigration Services (USCIS) have reached...

  • Blog

Biden Begins to Restore Temporary Protected Status. Which Countries Could Get TPS Next?

March 25, 2021

By the end of the Trump presidency, Temporary Protected Status (TPS) was all but destroyed. The former administration had attempted to end crucial protections for the hundreds of thousands of...

  • Press Release

Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver

May 22, 2014

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to

  • Press Release

American Immigration Council Urges Court to Rule that TPS Recipient Is Eligible to Adjust Status

March 13, 2014

Last week, the American Immigration Council and Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protect

  • Press Release

Immigration Advocacy Groups Urge Supreme Court to Interpret Child Status Protection Act Broadly

November 6, 2013

Washington, D.C.—This week, the American Immigration Council filed an amicus curiae

  • Press Release

Court Approves Settlement in National Class Action Lawsuit on Work Authorization for Asylum Seekers

November 5, 2013

Washington, DC – On Monday, November 4, U.S.

  • Press Release

New “Pocket DACA” Mobile App Helps Young Immigrants Apply for Deferred Action

August 14, 2013

Washington, D.C. - The American Immigration Council, American Immigration Lawyers Association (AILA), the Immigration Advocates Network (IAN), and the Own the Dream campaign are pr

  • Press Release

American Immigration Council Commends Decision Expanding Availability of Hardship Waivers to LPRs

August 9, 2013

The U.S.

  • Press Release

American Immigration Council Applauds DOMA Decision

June 26, 2013

Washington D.C. - Today, the Supreme Court unequivocally affirmed that there is no legitimate reason for the federal government to discriminate against married couples on account o

  • Press Release

Agreement Reached in National Class Action Lawsuit on Work Authorization for Asylum Seekers

April 15, 2013

Washington D.C.

  • Press Release

Legal Action Center Welcomes Ninth Circuit’s Decision on Child Status Protection Act

September 28, 2012

An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they t

  • Press Release

DHS Announces Application Process for Deferred Action, IPC Provides Data on Where Eligible Individuals Reside

August 3, 2012

Washington D.C. - Today, U.S.

  • Blog

USCIS Faces New Class Action Lawsuit for its Extreme Delays in Processing Waivers

January 26, 2023

Many families in the United States live in a frightening limbo when processing delays prevent one family member from becoming a lawful permanent resident.  A lawsuit was recently filed against U.S...

  • Press Release

Class Action Filed Against USCIS for Extreme Processing Delays that Leave American Families Stranded

January 24, 2023
A group of immigrants filed a federal class action lawsuit in Seattle against U.S. Citizenship and Immigration Services (USCIS), challenging bureaucratic logjams that have left them in a multi-year limbo.
  • Litigation

Class Action Lawsuit Challenging USCIS Delay in Deciding Applications for Provisional Unlawful Presence Waivers

This Lawsuit seeks an end to processing delays that prevent immigrants from becoming lawful permanent residents. U.S. Citizenship and Immigration Services (USCIS) has already approved these immigrant petitions filed by their U.S. citizen or lawful permanent resident family member.
  • Blog

USCIS’ Funding Crisis Might Be Too Big for the Agency to Fix by Itself

January 17, 2023

On January 3, U.S. Citizenship and Immigration Services (USCIS) finally published a new proposed fee schedule for immigration benefits—which is to say, it took an important step to becoming a...

  • Press Release

AILA and the American Immigration Council Respond to a Bipartisan Framework of Immigration Reform Compromises

December 5, 2022
In response to news of a new bi-partisan framework of immigration reform compromises from Sens. Thom Tillis (R-N.C.) and Kyrsten Sinema (D-Ariz.) —the American Immigration Lawyers Association (AILA) and the American Immigration Council issued the following statement.
  • Blog

Arizona Dreamers’ Chance of In-State Tuition Rely on the Midterm Elections

November 1, 2022

While it seems like all eyes are on the states that could determine the outcome of this year’s midterm elections, it’s important to remember that the consequences of November 8 will extend beyond...

  • Blog

Once Again, Undocumented Youth Find Themselves in Legal Limbo After Court Decisions

October 20, 2022

After months of waiting for decisions on the future of the Deferred Action for Childhood Arrivals (DACA) program, hundreds of thousands of undocumented youth are back to where they started—waiting...

  • Blog

A New Bill Would Allow Millions of Immigrants to Apply for Green Cards

October 11, 2022

On September 28, Senator Alex Padilla (D-CA) introduced a bill in Congress that would allow millions of immigrants who have lived in the United States for many years to become Lawful Permanent...

  • Blog

DACA Is Facing a Crisis That the Senate Can No Longer Ignore

October 7, 2022

Written by Jorge Loweree and Raul Pinto of the American Immigration Council More than a decade after the U.S. Department of Homeland Security (DHS) first created the Deferred Action for Childhood...

  • Press Release

Congress Must Ensure a Permanent Solution and Expand Protections for Dreamers as Litigation Over DACA Continues

October 5, 2022
While DACA will continue to temporarily remain in effect for renewals, the program is on tenuous ground as its legality is again tested before a Texas trial court hostile to immigrants.

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