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

  • Special Report

Tracking the Biden Agenda on Legal Immigration in the First 100 Days

Publication Date: 
April 29, 2021
This report analyzes the most significant changes to the legal immigration system made by the Biden administration during its first 100 days in office, and makes recommendations to foster a fair and...
  • Fact Sheet

The Dream Act: An Overview

Publication Date: 
March 16, 2021
This fact sheet provides an overview of the most recent version of the Dream Act and similar legislative proposals.
  • Fact Sheet

How USCIS Estimates Application and Petition Processing Times

Publication Date: 
July 18, 2018
This fact sheet provides an overview of how USCIS calculates processing times and the concerns over the accuracy of these estimates.
  • Fact Sheet

The Three- and Ten-Year Bars

Publication Date: 
October 28, 2016
This Fact Sheet provides background on the three- and ten-year bars and waivers, and explains the recent regulatory changes.
  • Fact Sheet

Understanding the Legal Challenges to Executive Action

Publication Date: 
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.
  • Special Report

Defending DAPA and Expanded DACA Before the Supreme Court

Publication Date: 
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...
  • Special Report

DACA at Year Three: Challenges and Opportunities in Accessing Higher Education and Employment

Publication Date: 
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...
  • 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...
  • Special Report

Two Years and Counting: Assessing the Growing Power of DACA

Publication Date: 
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...
  • Special Report

How DACA is Impacting the Lives of Those Who are Now DACAmented

Publication Date: 
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)...

  • Advocacy

Letter Demands ICE Release Families Detained During COVID-19 Pandemic

July 17, 2020

The American Immigration Council joined a letter to the U.S. Department of Homeland Security calling on the release of all families held at all three Immigration and Customs...

  • Advocacy

Council and WilmerHale File Administrative Challenge to Burdensome Records Requirement for Employment Authorization

May 12, 2020

The Council and the law firm WilmerHale filed a petition with the Office of Management and Budget (OMB) challenging the requirement that asylum seekers...

  • Advocacy

Comments on U.S. Citizenship and Immigration Services’ Proposed Fee Schedule and Changes to Other Immigration Benefit Request Requirements

January 3, 2020

The American Immigration Lawyers Association and American Immigration Council submitted the following comments in response to the above-referenced Notice and Request for Comments on the Department...

  • Advocacy

Comments Opposing Removal of 30-Day Processing Provision of Asylum Application-Related Form I-765 Employment Authorization Applications

November 12, 2019

Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration...

  • Advocacy

Statement for the House Judiciary Committee, Subcommittee on Immigration and Citizenship Hearing “Policy Changes and Processing Delays at U.S. Citizenship and Immigration Services.”

July 16, 2019
The statement highlights the Council’s concerns regarding systemic U.S. Citizenship and Immigration Services delays in responding to Freedom of Information Act (FOIA) requests.
  • Advocacy

Comments Opposing "Public Charge" Plan

December 11, 2018
The American Immigration Council, with the American Immigration Lawyers Association, filed comments because a financial litmus test should never serve as a measure for who we welcome into our country.
  • Litigation

Ending Obstacles for Temporary Protected Status Recipients Seeking Legal Permanent Residence

The American Immigration Council has filed a class action lawsuit against officials at the U.S. Citizenship and Immigration Services and U.S. Department of Homeland Security in a federal district court in New York, challenging the government’s unlawful practice of depriving certain Temporary Protected Status (TPS) holders with close family relationships or employment in the United States from becoming lawful permanent residents.
  • Amicus Briefs

Matter of Castro-Tum

Publication Date: 
February 19, 2018
In the case, Attorney General Jeff Sessions referred to himself questions related to administrative closure. This move by Sessions could signal an attempt to end administrative closure altogether—which could force over 350,000 immigrants back into immigration court, exacerbating the challenges of an already overburdened immigration court system.
  • Litigation

Challenging "Extreme Vetting" of Immigration Benefits Applicants

The Controlled Application Review and Resolution Program (CAARP) is a secret and unlawful government vetting program that targets thousands of applicants who are Muslim or from certain Muslim-majority countries for delay or denial of immigration benefits.
  • Legal Resources and Litigation

Statement for the Senate Judiciary Committee on "The Long-Term Impact of Immigration: Exploring Reforms to our Nation's Guest Worker Programs and Deferred Action for Childhood Arrivals, and Their Potential Impact on the Economy and Local Communities"

September 13, 2017
The statement addresses the impact of the President's decision to end Deferred Action for Childhood Arrivals (DACA), as well as shares our analysis and research on how immigrants play a vital role in our nation's economy.
  • Practice Advisories

Inspection and Entry at a Port of Entry: When is there an Admission?

Publication Date: 
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.
  • Practice Advisories

The Child Status Protection Act

Publication Date: 
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.
  • Practice Advisories

Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

Publication Date: 
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).
  • 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.
  • Practice Advisories

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

Publication Date: 
November 20, 2013

This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

  • Practice Advisories

How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application

Publication Date: 
October 23, 2013
Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.
  • 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.
  • Practice Advisories

Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies

Publication Date: 
December 16, 2011
This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA's "comparable grounds" test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it.
  • Practice Advisories

Rescinding an In Absentia Order of Removal

Publication Date: 
March 31, 2010
There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts.
  • 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.
  • 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...

  • Blog

SCOTUS to Decide When Courts Can Review Decisions about Immigration Relief… Again

December 15, 2023

Families are complicated. Especially during the holidays, that’s something we can all agree on. But most of us can’t – or will never have to – imagine being forcibly separated from our closest...

  • Blog

DHS’ New Work Permit Measures Are Welcome Change with Potential to Address USCIS Challenges 

September 29, 2023

On September 20, 2023, the Department of Homeland Security (DHS) announced measures to accelerate the processing of some work permits and to extend their validity period for particular categories...

  • Blog

USCIS Updates Key CSPA Interpretation to Protect Some Immigrant Youth, But Backlogs Continue to Cause Hardships

September 5, 2023

On August 24, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a new update to its policy manual clarifying a previous policy change aimed at expanding green card eligibility...

  • Blog

An Undocumented Woman’s Complicated American Pride on the Fourth of July

June 29, 2023

Written by Andrea Ramos, Digital Communications Specialist at the American Immigration Council My first Fourth of July was in the Texas country. Fireworks, lawn games, little American flags,...

  • Blog

Expansion of Central American Minors Program Offers New Opportunities for Families to Reunite

April 27, 2023

The Departments of State and Homeland Security announced recently that the Central American Minors (CAM) Program is being expanded, which will allow more children from El Salvador, Honduras, and...

  • Blog

New USCIS Center Is Good News For Some Of Its Worst Backlog Victims

April 5, 2023

U.S. Citizenship and Immigration Services (USCIS) is opening a new service center to try to fix some of its most egregious backlogs. The agency reportedly has already reassigned 150 employees –...

  • Blog

Florida Has Everything to Lose If It Repeals In-State Tuition for Undocumented Students

March 10, 2023

Undocumented students, like millions of other students in the United States, have the ambition to succeed. College opportunities are often priceless for these students. And though a degree can...

  • 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...

  • 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.
  • Press Release

Biden Administration Moves to Shore Up DACA Protections but Congress Needs to Act

August 25, 2022
The American Immigration Council and the American Immigration Lawyers Association (AILA) welcomed newly published regulations that will offer more certainty for the DACA program and represent a positive step towards protecting some Dreamers.
  • Press Release

U.S. Residents Sue USCIS and NARA for Delays in U.S. Citizenship Applications

May 25, 2022
Thirteen people waiting to become U.S. citizens filed a lawsuit challenging U.S. Citizenship and Immigration Services’ unreasonable delays and failure to process U.S. naturalization applications filed in 2020.
  • Press Release

One Year In: The Biden Administration’s Promises on Immigration Remain Unfulfilled

January 19, 2022
President Biden announced a welcoming and inclusive vision for immigration in a legislative proposal and a series of executive actions signed on his first day in office. But one year into Biden’s presidency, his promises on immigration remain unfulfilled.
  • Press Release

Court Does Not Expedite Work Permit Renewals for Asylum Seekers, Leaving Thousands Without Work or at Risk of Losing Jobs

December 23, 2021
A federal court denied preliminary relief in a lawsuit challenging USCIS's extreme delays and failure to process work permit renewals for asylum seekers. The judge declined to order USCIS to process work permit renewal applications within the 180-day automatic extension of employment authorization.
  • Press Release

U.S. Workers Sue USCIS for Unlawful Delays in Renewal of Employment Authorizations

November 11, 2021
Five workers in the United States filed a nationwide class action lawsuit today challenging unlawful log-jam and extreme delays at U.S. Citizenship and Immigration Services that have resulted in the government’s failure to process the work authorization renewals for asylum seekers.
  • Press Release

Congress Must Ensure a Permanent Solution for Dreamers

July 16, 2021
U.S. Judge Andrew Hanen of the Southern District of Texas ordered the Biden administration to end Deferred Action for Childhood Arrivals.
  • Press Release

A New Vision for Immigration Creates a Welcoming and Inclusive Immigration System

January 20, 2021
President Joseph R. Biden announced a welcoming and inclusive vision for immigration in a legislative proposal that provides a path to citizenship for millions of undocumented immigrants who call the United States home.
  • Press Release

Groups Sue Trump Administration Over Immigration Courts Fee Increases and Access to Justice

December 24, 2020
The American Immigration Council, the National Immigration Law Center and Gibson, Dunn & Crutcher filed a federal lawsuit challenging the Trump administration’s new rule that drastically increases fees across-the-board in immigration proceedings.
  • Press Release

District Court Orders Immigration Agencies to Produce Immigration Case Files in First of Its Kind Class Action

December 17, 2020
Judge William H. Orrick granted summary judgment in favor of two nationwide classes suing DHS, USCIS, and ICE for failing to timely produce the class members’ immigration files (A-Files). The court ordered the agencies to clear their backlogs by responding to the more than 40,000 thousand cases outstanding within 60 days.
  • Practice Advisories

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

Publication Date: 
July 29, 2024
This practice advisory by the Council and partners provides an overview of the Niz-Chavez v. Garland decision and its impact on eligibility for cancellation of removal; eligibility for post-conclusion voluntary departure and broader applications of the decision.
  • Blog

Kamala Harris’ Opportunity to Reframe the Immigration Conversation

July 23, 2024

The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system. As...

  • Blog

State Department Streamlines Temporary Visas for College-Educated Noncitizen Workers—But Questions Remain About Its Impact

July 19, 2024

Some immigrants who have graduated from college in the United States and have a pending job offer will have an easier time receiving a temporary employment-based visa, thanks to recent changes...

  • Press Release

Over 3,360 Texans Attend Houston’s Largest-Ever Citizenship Ceremony

July 11, 2024
As the “Citizenship Capital” of the United States, Harris County, Houston hosted its largest-ever oath ceremony to naturalize thousands of new U.S. citizens.
  • Press Release

Amid Deadly Heat, Migrant Farm Workers are Keeping Americans Fed

July 2, 2024
New data analysis by the American Immigration Council found that migrant farm workers are playing a key role in feeding Americans, even as they are increasingly vulnerable to extreme heat.
  • Blog

Biden Announces Immigration Protections for Up to 550,000 Spouses and Children of US Citizens

June 18, 2024

On June 18, the Biden administration announced two major new policies which may help provide streamlined paths to legal status for certain long-time undocumented immigrants. The first policy will...

  • 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.
  • FOIA Litigation

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays

This nationwide class action lawsuit challenges systemic delays in providing immigration files.

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