Adjustment of Status

Recent Features

  • 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 Adjustment of Status Content

  • 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?
  • Litigation

Challenging USCIS for Delays in Renewal of Employment Authorizations

The Council and partners filed a nationwide class action lawsuit to ensure timely renewal of work authorizations documents for asylum seekers.
  • 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

Ramirez v. Dougherty - Ninth Circuit

Publication Date: 
March 31, 2017
The Council, with the American Immigration Lawyers Association, filed this amicus brief arguing that a grant of TPS satisfies the “admission” requirement for adjustment of status under INA § 245(a) and that, as a result, an individual who entered without inspection and later received a grant of TPS has been “admitted” and may adjust to lawful permanent resident status if otherwise eligible.
  • Amicus Briefs

Husic v. Holder - Second Circuit

Publication Date: 
August 18, 2014
A waiver of removal under INA § 212(h) is not available to an individual who committed an aggravated felony within five years of having previously been "admitted" to the United States as a lawful permanent resident. The Council, with AILA, filed amicus briefs in numerous Courts of Appeals, successfully arguing that the § 212(h) bar to waiver eligibility applies only to noncitizens who were admitted in LPR status at a port of entry, as distinct from those who adjusted to LPR status post-entry.
  • 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

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

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.

  • Practice Advisories

'Freedom of Information Act and Immigration Agencies

Publication Date: 
April 26, 2023
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response.
  • Practice Advisories

Arriving Noncitizens and Adjustment of Status

Publication Date: 
April 25, 2022
This practice advisory identifies who falls under the classification of “arriving noncitizens,” discusses the regulations delineating USCIS vs. EOIR jurisdiction over adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to facilitate the adjustment of status of eligible parolees in removal proceedings before they are removed.
  • 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.
  • 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...

  • 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

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

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

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

What you need to know about the new proposal to update The Registry

July 28, 2022

Democrats in the House of Representatives have introduced a bill that would allow undocumented immigrants who have lived in the United States for at least seven years to legalize their status. The...

  • Blog

USCIS Restores Pathway to a Green Card for TPS Holders

July 11, 2022

U.S. Citizenship and Immigration Services (USCIS) published a new policy memorandum on July 1 that eliminated a barrier for many Temporary Protected Status (TPS) recipients and restored a pathway...

  • Blog

Lawsuit Challenges Delays in U.S. Citizenship Application Processing Due to Cave-Stored Files

June 1, 2022

Thirteen U.S. lawful permanent residents filed a lawsuit to end the delay by U.S. Citizenship and Immigration Services (USCIS) in processing their applications to become U.S. citizens. The...

  • 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.
  • Press Release

Judge Grants Class-Action Status to Thousands of Immigrants Waiting for Access to Their Immigration Records

October 15, 2019
A federal court in San Francisco certified two nationwide classes of immigrants and attorneys claiming that U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement have a systemic pattern and practice of failing to provide access to immigration case records within deadlines set by the Freedom of Information Act. The case records, known as A-files, contain information about individuals’ immigration history in the United States. This is the first time a court has certified a class in a lawsuit alleging a pattern and practice of violating FOIA
  • Press Release

Court Approves Settlement in Duran Gonzalez v. DHS; Webinar Tomorrow

July 29, 2014

Last week, the federal district court issued its final approval of a settlement agreement

  • 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

BIA Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)

June 29, 2011

Washington, D.C.—The Legal Action Center of the American Immigration Council applauds the Board of Immigration Appeals (Board) for advancing family unity in its June 23, 2011 decision,

  • 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.
  • 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...

  • Practice Advisories

'Freedom of Information Act and Immigration Agencies

Publication Date: 
April 26, 2023
This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response.
  • 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

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

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...

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