Waivers and Relief from Deportation

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  • Practice Advisories

Screening Potential DACA Requestors for Other Forms of Relief

This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits.

All Waivers and Relief from Deportation Content

  • Practice Advisories

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

Publication Date: 
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.
  • Blog

DHS Secretary Johnson Discusses Border Security, Executive Action, Refugees and PEP

October 30, 2015

On Thursday, Secretary Jeh Johnson of the Department of Homeland Security (DHS) addressed the 12th Annual Immigration Law and Policy Conference, covering a wide-range of topics, from border...

  • Blog

Will the Guidance on Extreme Hardship Waivers Allow More Individuals to Become Permanent Residents?

October 8, 2015

This week, U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on what constitutes “extreme hardship” for purposes of an immigration waiver. The much anticipated guidance is a...

  • Blog

Immigration Appeals Court Reverses Position on Deportation Waivers

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...

  • Special Report

The President’s Discretion, Immigration Enforcement, and the Rule of Law

Publication Date: 
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...
  • 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

  • Practice Advisories

Seeking a Judicial Stay of Removal in the Court of Appeals

Publication Date: 
January 21, 2014
This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.
  • Press Release

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

August 9, 2013

The U.S.

  • Practice Advisories

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen

Publication Date: 
December 21, 2012
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.
  • 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,...

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