Immigration Benefits and Relief

The U.S. immigration system is complex and can be difficult to understand. These resources provide key data points, historical information, and background on hot topics in immigration. Learn the basics about immigration.

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

  • Practice Advisories

Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

Publication Date: 
April 20, 2005
This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.
  • Amicus Briefs

Bona v. Ashcroft - Ninth Circuit

Publication Date: 
February 24, 2005
The Council filed amicus briefs in numerous courts of appeals challenging the pre-2005 regulatory bar to adjustment of status for “arriving aliens” in removal proceedings. Several courts accepted our arguments that the regulation violated the adjustment of status statute. Succar v. Ashcroft, 394 F.3d 8 (1st Cir. 2005); Zheng v. Gonzales, 422 F.3d 98 (3d Cir. 2005); Bona v. Ashcroft, 425 F.3d 663 (9th Cir. 2005). Ultimately, DHS withdrew the challenged regulation and replaced it with one providing USCIS with jurisdiction to adjust the status of an "arriving alien" in removal proceedings. 71 Fed. Reg. 27585 (2006). The amicus brief filed in Bona v. Ashcroft is representative of the briefs filed in other circuits.
  • 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 to DHS Secretary Janet Napolitano (submitted April 6, 2011)

This letter requests written guidance setting forth detailed criteria for the favorable exercise of prosecutorial discretion and the assignment of a high-level officer to monitor implementation of...

  • 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

Regulatory comment: Adjustment of Status of “arriving aliens” who are in removal

The Council submitted comments on June 12, 2006, on the interim regulations that lifted the ban on “arriving aliens” being able to adjust their status if they are in removal proceedings.

  • 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.
  • Advocacy

Letter to DHS Urging Interim Relief Pending Final Resolution of Section 3 of DOMA

Following the Obama Administration’s February 2011 announcement that Section 3 of DOMA is unconstitutional, AILA and the Council, joined by dozens of other organizations, urged the Administration ...

  • Advocacy

Response to DHS’s notice of revisions to Form I‐131, Application for Travel Document and accompanying instructions (submitted Dec. 31, 2012)

The American Immigration Council, the American Immigration Lawyers Association and the Catholic Legal Immigration Network, Inc. jointly submitted comments addressing numerous aspects of the Form I-131 instructions including revisions to the instructions that provide guidance to DACA recipients on their eligibility for Advance Parole.

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