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. 

READ MORE

  • 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

  • Fact Sheet

Deferred Action for Childhood Arrivals: A Q&A Guide

Publication Date: 
August 17, 2012
Here's what you need to know about the “Deferred Action for Childhood Arrivals” (DACA) initiative, including eligibility requirements and important information on process and timing.
  • Fact Sheet

Economic Benefits of Granting Deferred Action to Unauthorized Immigrants Brought to U.S. as Youth

Publication Date: 
June 22, 2012
There are an estimated 1.4 million children and young adults in the United States who might benefit from President Obama’s...
  • Special Report

Falling through the Cracks

Publication Date: 
May 14, 2012
How Gaps in ICE's Prosecutorial Discretion Policy Affect Immigrants Without Legal Representation While the Obama administration’s has expanded use of prosecutorial discretion in immigration cases,...
  • Special Report

Prosecutorial Discretion in Context: How Discretion is Exercised Throughout Our Immigration System

Publication Date: 
April 11, 2012
Discretion takes many forms throughout the immigration enforcement process. Every removal of a noncitizen from the United States, for example, reflects a series of complex choices which reflect...
  • Special Report

The Morton Memo and Prosecutorial Discretion: An Overview

Publication Date: 
July 20, 2011
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director John Morton issued two significant memoranda on the use of prosecutorial discretion in immigration matters. Prosecutorial...
  • Special Report

Investing in the American DREAM

Publication Date: 
December 2, 2010
Each year, tens of thousands of undocumented immigrant students graduate from American high schools and embark on uncertain futures. Their inability to legally work and receive financial aid stalls...
  • Special Report

Reading the Morton Memo: Federal Priorities and Prosecutorial Discretion

Publication Date: 
December 1, 2010
On June 30, 2010, the Deputy Assistant Secretary for Immigration and Customs Enforcement (ICE), John Morton, issued a memo to the agency that reflected the Obama administration’s oft repeated intent...
  • Amicus Briefs

Matter of Yauri - Board of Immigration Appeals

Publication Date: 
September 3, 2008
Following DHS's adoption of an interim regulation that gave USCIS jurisdiction over the adjustment application of an "arriving alien" in removal proceedings, the Council filed amicus briefs with the BIA and Federal Courts challenging the BIA's general refusal to reopen removal proceedings so that an "arriving alien" with an unexecuted final order could adjust with USCIS. The BIA rejected our arguments in Matter of Yauri, 25 I&N Dec. 103 (BIA 2009). Meanwhile, however, USCIS made clear that it retained jurisdiction over these cases despite the final order.
  • 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

Memorandum, “Executive Branch Authority Regarding Implementation of Immigration Laws and Policies” (April 29, 2011)

This memorandum, which was released by the American Immigration Council and co-signed by two general counsels of the former Immigration and Naturalization Service, offers an overview of the scope of executive branch authority and outlines specific steps the Administration could take to forestall removals in sympathetic cases.
  • 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

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

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

Letter to EOIR 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 to adopt interim measures in immigration cases involving marriages to a lesbian or gay noncitizen. Such interim measures are needed to maintain the status quo until there is a final judicial or legislative resolution regarding Section 3 of DOMA.
  • Advocacy

Letter to DOJ 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 to adopt interim measures in immigration cases involving marriages to a lesbian or gay noncitizen. Such interim measures are needed to maintain the status quo until there is a final judicial or legislative resolution regarding Section 3 of DOMA.
  • 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.
  • Blog

USCIS Policy Change Will Reduce Number of People Who ‘Age Out’ From Green Card Eligibility

February 23, 2023

A recent policy change by U.S. Citizenship and Immigration Services (USCIS) should reduce the number of children who age out of green card eligibility. For immigration purposes, a “child” means...

  • 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...

  • 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...

  • 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...

  • Blog

Biden Administration Close to Reaching Increased Cap on Employment-Based Green Cards

September 13, 2022

The Biden administration is close to using all of the employment-based immigrant visas (green cards) allotted for Fiscal Year (FY) 2022. U.S. Citizenship and Immigration Services (USCIS) announced...

  • Blog

Immigration Status Will No Longer Be a Barrier for Aspiring Lawyers in New Mexico

September 9, 2022

Written by American Immigration Council staff Leani García Torres and Raul Pinto The Deferred Action for Childhood Arrivals (DACA) initiative provides certain young, undocumented immigrants with a...

  • Blog

Biden Moves to Stabilize the Lives of Hundreds of Thousands of DACA Recipients, but Critical Work Remains

August 30, 2022

Last week, the Biden administration published the final version of a regulation that seeks to preserve the Deferred Action for Childhood Arrivals (DACA) initiative and provide a modicum of...

  • Press Release

Coalition Urges Supreme Court to Protect President’s Executive Actions on Immigration

December 1, 2015

Washington, D.C.

  • Press Release

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

June 10, 2015

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

  • Press Release

Divided Fifth Circuit Denies Emergency Stay as Underlying Case on Immigration Action Proceeds

May 26, 2015

Washington D.C. - In a disappointing decision, a divided panel of the Fifth Circuit Court of Appeals today  denied  the federal government’s request for an emergency stay of a preliminary in

  • Press Release

Class Action Lawsuit for Unlawful Delays in Employment Authorizations Filed

May 26, 2015

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

  • Press Release

Unprecedented Coalition Ask Court to Reverse Texas Ruling Blocking Immigration Initiatives

April 19, 2015

Washington D.C.

  • Press Release

Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

February 17, 2015

Washington D.C. - Late last night, a Texas judge issued a preliminary injunction that temporarily blocks the implementation of President Obama’s new deferred action initiatives. These initia

  • Press Release

Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

February 17, 2015
  • Press Release

Immigration Council Strongly Reaffirms Research on Reagan-Bush Family Fairness Policy

December 5, 2014

Washington D.C.

  • Press Release

American Immigration Council Executive Director, Ben Johnson Comments on Executive Action

November 21, 2014

Washington D.C. - Ben Johnson, Executive Director of the American Immigration Council offers the following quotes on the polic

  • Press Release

President’s Executive Actions on Immigration Should Spur Congressional Action

November 6, 2014

Washington D.C. – From the perspective of immigration reformers, Tuesday’s election is unlikely to change the gridlock that has stymied immigration reform for more than 15 years.

  • Fact Sheet

The Biden Administration’s Parole-In-Place Announcement: Helping Mixed-Status Families Stay Together and Avoid Bureaucratic Traps

Publication Date: 
June 18, 2024
President Biden announced a new “parole-in-place” program for undocumented spouses of U.S. citizens. What does it mean, and who will benefit?
  • Press Release

Biden Expands Immigration Protections to Undocumented Spouses and Streamlines Employment-Based Visas for DACA Recipients

June 18, 2024
On June 18, the Biden administration announced policy changes that will provide immigration relief to thousands of deeply-rooted immigrants in the United States.
  • Fact Sheet

The Dream Act: An Overview

Publication Date: 
May 8, 2024
This fact sheet provides an overview of the most recent version of the Dream Act and similar legislative proposals.
  • Litigation

Employment Authorization Documents Adjudication Delays

Faced with increasing reports from immigration lawyers of Employment Authorization Documents adjudication delays, the Council and several partners filed this lawsuit against USCIS and DHS.
  • Blog

USCIS Re-Issues Temporary Rule to Extend Work Permits for 800,000 Immigrant Workers

April 15, 2024

Thousands of immigrant workers with pending work permit renewals, and their employers, breathed a sigh of relief last week. On April 8, U.S. Citizenship and Immigration Services (USCIS) issued a...

  • Blog

STEM-Related Petitions Increase Following USCIS’ Updated Policy Guidance

March 29, 2024

A recent analysis by U.S. Citizenship and Immigration Services (USCIS) found that the number of petitions by, or on behalf of, foreign-born workers in the fields of science, technology,...

  • Blog

District Court in Texas Allows CHNV Parole Program to Continue

March 15, 2024

On March 8, a federal district court in Texas dismissed a challenge to a parole program set up by the Biden administration to allow 30,000 Cubans, Haitians, Nicaraguans, and Venezuelans to enter...

  • Blog

USCIS Announces Re-parole for Ukrainians

March 7, 2024

Since Russia invaded Ukraine in early 2022, the U.S. has provided certain Ukrainians with temporary authorization, or parole, to remain in the country. However, multiple agencies, including...

  • Advocacy

Testifying on the Subcommittee on Immigration Integrity, Security, and Enforcement “Presidential Power to Secure the Border”

Publication Date: 
March 7, 2024
The American Immigration Council appeared before Congress to discuss the need for Congress to overhaul the asylum system.
  • Press Release

Senate Border Bill a Step in Right Direction, but Falls Short in Guaranteeing Due Process for Asylum Seekers

February 5, 2024
On Sunday night, a bipartisan group of senators released the “Emergency National Security Supplemental Appropriations Act, 2024." Jeremy Robbins, Executive Director of the American Immigration Council, responds to this controversial legislation that faces an uncertain future.

Most Read

  • Publications
  • Blog Posts
  • Past:
  • Trending