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

  • 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

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

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.
  • Advocacy

Letter to DHS Secretary Janet Napolitano (submitted Feb. 9, 2012)

This sign-on letter expresses concerns about DHS’s implementation of the new prosecutorial discretion policy, including the agency’s failure to grant work authorization to those who receive a favorable exercise of discretion. The letter also makes recommendations to ensure that DHS fulfills its pledge to implement an effective and fair prosecutorial discretion policy nationwide.
  • Advocacy

NIJC Recommendations Regarding Implementation of the Prosecutorial Discretion Initiative (submitted Sep. 30, 2011)

This letter to several Administration officials was submitted in response to the DHS/White House announcement on August 18, 2011 that it would form a "Prosecutorial Discretion Working Group" to...

  • Amicus Briefs

United States v. State of Texas, No. 15-674 (S.Ct., amicus brief filed November 30, 2015)

The American Immigration Council, in collaboration with the National Immigration Law Center, the Service Employees International Union, American Federal of Labor and Congress of Industrial Organizations, Advancement Project, LatinoJustice PRLDEF, and the Leadership Conference on Civil and Human Rights, among others, filed an amicus brief on behalf of a coalition of 224 immigration, civil rights, labor and social service groups, urging the Supreme Court to review the case that has blocked expanded DACA and DAPA.
  • 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...

  • Blog

Supreme Court Rejects Review Over Factual Questions in Immigration Removal Proceedings

May 17, 2022

The Supreme Court issued a 5-4 decision on May 16 rejecting federal court review of fact-finding done by immigration courts. The Court’s reasoning could have wide-ranging impacts on many more...

  • Blog

New Biden Administration Policies Offer Crucial Protections for Immigrant Youth

March 18, 2022

The government made two important announcements on March 7th affecting immigrant children who have been abused, abandoned, and neglected. The first is a new policy that offers work permits and...

  • Blog

U.S. Citizenship Applicants Are in Limbo Because Their Immigration Files Are Locked in Caves Underground

January 28, 2022

Thousands of applicants for U.S. citizenship have been waiting for well over a year for U.S. Citizenship and Immigration Services (USCIS) to process their applications. But the problem isn’t the...

  • Blog

Justices Consider the Limits of Judicial Review in Latest Immigration Case at the Supreme Court

December 7, 2021

The Supreme Court heard oral argument on Monday in a case that raises a critical question of whether a federal court can review a noncitizen’s eligibility for certain types of discretionary...

  • Blog

Over 250,000 Young People Are at Risk of Deportation When They Turn 21

December 1, 2021

A lesser-known group of young people who grew up in the United States with immigration status—typically the children of noncitizens who entered the U.S. on temporary work visas—is increasingly at...

  • Blog

Failure to Reauthorize Employment Harms Asylum Seekers and the U.S. Economy

November 12, 2021

U.S. workers are losing their jobs due to bureaucratic delays at U.S. Citizenship and Immigration Services (USCIS), despite an economy desperate for workers. Asylum seekers wanting to renew their...

  • Blog

Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo

November 5, 2021

Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date...

  • Press Release

136 Leading Experts on Immigration Law Agree: President Has Legal Authority to Expand Relief

September 3, 2014

Washington D.C. — U.S.

  • 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

President Provides Immediate Relief, Creates Architecture for Reform

July 20, 2014

Washington D.C. - After decades of congressional neglect, tonight President Obama took a crucial and courageous step toward reforming our immigration system.

  • 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

  • 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

Immigration Advocacy Groups Urge Supreme Court to Interpret Child Status Protection Act Broadly

November 6, 2013

Washington, D.C.—This week, the American Immigration Council filed an amicus curiae

  • Press Release

Court Approves Settlement in National Class Action Lawsuit on Work Authorization for Asylum Seekers

November 5, 2013

Washington, DC – On Monday, November 4, U.S.

  • Press Release

New “Pocket DACA” Mobile App Helps Young Immigrants Apply for Deferred Action

August 14, 2013

Washington, D.C. - The American Immigration Council, American Immigration Lawyers Association (AILA), the Immigration Advocates Network (IAN), and the Own the Dream campaign are pr

  • Press Release

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

August 9, 2013

The U.S.

  • Press Release

American Immigration Council Applauds DOMA Decision

June 26, 2013

Washington D.C. - Today, the Supreme Court unequivocally affirmed that there is no legitimate reason for the federal government to discriminate against married couples on account o

  • 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...

  • Press Release

More than 100 Business Organizations Sign Onto Council Letter Urging Congress to Reduce the Waiting Period for Asylum Seekers to Obtain Work Permits

November 16, 2023
The American Immigration Council and over 100 business organizations, including chambers of commerce and trade associations, want Congress to remove the present obstacle to asylum applicants acquiring work permits swiftly.
  • Fact Sheet

The Biden Administration’s Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans: An Overview

Publication Date: 
October 31, 2023
An overview of the Biden administration's parole programs for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV), which admit up to 30,000 people per month with the ability to live and work in the...
  • 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...

  • Advocacy

Testifying on the Positive Economic Contributions of Immigrants in the U.S. and the American Immigrant Workforce

Publication Date: 
September 20, 2023
The American Immigration Council appeared before Congress to address the economic contributions of immigrants in the U.S. and the American economic system.
  • Press Release

Congress Must Pass a Permanent Solution and Expand Protections for Dreamers as Ruling Attempts to End the DACA Program

September 14, 2023
The American Immigration Council responds to Judge Andrew Hanen's decision to rule that the Deferred Action for Childhood Arrivals (DACA) program is unlawful.
  • 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...

  • Fact Sheet

Undocumented College Students

Publication Date: 
August 2, 2023
This fact sheet looks at the population of undocumented students in higher education institutions across the country.
  • 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...

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