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

  • Fact Sheet

Documented Dreamers: An Overview

Publication Date: 
November 18, 2024
This fact sheet provides an overview of Documented Dreamers, explains how they can age out of immigration status at 21, and summarizes the current federal legislative proposals to protect them from...
  • Special Report

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Fact Sheet

Deferred Action for Childhood Arrivals (DACA): An Overview

Publication Date: 
July 31, 2024
This fact sheet provides an overview of Deferred Action for Childhood Arrivals (DACA) and prior attempts to dismantle the initiative, as well as its current status.
  • 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?
  • 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.
  • 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...
  • 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.
  • Fact Sheet

Legalization Through “Registry”

Publication Date: 
September 28, 2021
This fact sheet provides information on a provision called “registry” that allows certain non-citizens who are long-term residents of the United States, but who are either undocumented or present in...
  • Research and Analysis

The Systematic Alien Verification for Entitlements (SAVE) Program: A Fact Sheet

Publication Date: 
August 3, 2021
Immigration law is highly complex. Determining which non-citizens are “lawfully” or “unlawfully” present and whether they should be allowed to stay in the United States are complex matters which...
  • Fact Sheet

Legalization Through 245(i)

Publication Date: 
August 2, 2021
This fact sheet from the Council provides an overview of how current immigration law allows certain undocumented immigrants to become Lawful Permanent Residents (LPRs) without first having to leave...
  • 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.
  • Litigation

Class Action Lawsuit Challenging USCIS Delay in Deciding Applications for Provisional Unlawful Presence Waivers

This Lawsuit seeks an end to processing delays that prevent immigrants from becoming lawful permanent residents. U.S. Citizenship and Immigration Services (USCIS) has already approved these immigrant petitions filed by their U.S. citizen or lawful permanent resident family member.
  • FOIA Litigation

Council Sues USCIS To Obtain Records About Humanitarian Parole Applications of Afghan Nationals

This Freedom of Information Act (FOIA) suit seeks to compel U.S. Citizenship and Immigration Services (USCIS) to disclose information about the massive delays in processing of applications for humanitarian parole filed for Afghan nationals who have not been able to travel to the United States.
  • Litigation

Challenging USCIS To End Naturalization Application Delays

This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens.
  • 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.
  • Advocacy

Summary of Proposed Changes to Student and Exchange Visitor Admissions Process by DHS

October 6, 2020

This document provides a summary of the Department of Homeland Security's September 25, 2020, Proposed Rule, "...

  • Advocacy

Letter Requesting 60-Day Comment Period on Proposed Rule Expanding Collection of Biometrics

September 15, 2020
This new rule will increase the total number of people who are required to submit biometric data from 3.9 million currently to 6.07 million—an increase of more than 60%.
  • Advocacy

Statement for the House Committee on Judiciary Subcommittee on Immigration and Citizenship Hearing on "Oversight of U.S. Citizenship and Immigration Services"

July 29, 2020

The American Immigration Council submitted a written statement to the House Committee on Judiciary Subcommittee on Immigration and Citizenship for a July 29, 2020 hearing on "Oversight of U....

  • 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.
  • 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.
  • 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.
  • 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

Screening Potential DACA Requestors for Other Forms of Relief

Publication Date: 
September 5, 2017
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits.
  • Practice Advisories

Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection

Publication Date: 
August 1, 2017
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers.
  • 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.
  • 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.

  • Blog

CHNV Parole Won’t Last Forever – But There Are Options for Its Beneficiaries to Stay in the US

October 16, 2024

In the last two years, nearly 500,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela have arrived in the United States to live and work here legally. They have come under a program known as...

  • Blog

The 5th Circuit Fight for DACA Is a Personal One

October 11, 2024

Written by Ilse Ramirez, Paralegal, and Andrea Rathbone Ramos, Digital Communications Specialist The Fifth Circuit Court of Appeals in New Orleans, Louisiana, heard oral arguments on the Deferred...

  • Blog

Judge Grants Texas’ Request to Keep Families Apart, At Least For Now

September 3, 2024

A mere three days after 16 Republican-led states sued the Biden administration over its “Keeping Families Together” parole process, a federal judge in Texas handed the plaintiffs a temporary “...

  • Blog

Republican-Led States Sue to Block DACA Recipients from Accessing Affordable Health Insurance

August 23, 2024

A group of Republican-led states, headed by Kansas Attorney General Kris Kobach, have sued to block a new rule that allows Deferred Action for Childhood Arrival (DACA) recipients to access health...

  • Blog

President Biden’s Keeping Families Together Program Has Begun

August 22, 2024

Updated: August 22, 2024 This is an update to our blog first posted on June 18, 2024, when President Biden first announced two policies to help provide streamlined paths to legal status for...

  • 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...

  • 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 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,...

  • Press Release

DACA Recipients Need Permanent Protection from Congress

October 10, 2024
So long as Congress fails to step up and provide a permanent solution, DACA recipients will continue living in constant fear and uncertainty, the Council said today.
  • 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.
  • 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

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.
  • 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.
  • 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.
  • Press Release

Class Action Filed Against USCIS for Extreme Processing Delays that Leave American Families Stranded

January 24, 2023
A group of immigrants filed a federal class action lawsuit in Seattle against U.S. Citizenship and Immigration Services (USCIS), challenging bureaucratic logjams that have left them in a multi-year limbo.
  • Press Release

AILA and the American Immigration Council Respond to a Bipartisan Framework of Immigration Reform Compromises

December 5, 2022
In response to news of a new bi-partisan framework of immigration reform compromises from Sens. Thom Tillis (R-N.C.) and Kyrsten Sinema (D-Ariz.) —the American Immigration Lawyers Association (AILA) and the American Immigration Council issued the following statement.
  • 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.
  • Advocacy

Testifying on the Catastrophic Economic and Humane Costs of Mass Deportations

Publication Date: 
December 10, 2024
The American Immigration Council appeared before Congress to address the catastrophic economic and humane costs of mass deportations.
  • Fact Sheet

Documented Dreamers: An Overview

Publication Date: 
November 18, 2024
This fact sheet provides an overview of Documented Dreamers, explains how they can age out of immigration status at 21, and summarizes the current federal legislative proposals to protect them from...
  • Blog

CHNV Parole Won’t Last Forever – But There Are Options for Its Beneficiaries to Stay in the US

October 16, 2024

In the last two years, nearly 500,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela have arrived in the United States to live and work here legally. They have come under a program known as...

  • Blog

The 5th Circuit Fight for DACA Is a Personal One

October 11, 2024

Written by Ilse Ramirez, Paralegal, and Andrea Rathbone Ramos, Digital Communications Specialist The Fifth Circuit Court of Appeals in New Orleans, Louisiana, heard oral arguments on the Deferred...

  • Press Release

DACA Recipients Need Permanent Protection from Congress

October 10, 2024
So long as Congress fails to step up and provide a permanent solution, DACA recipients will continue living in constant fear and uncertainty, the Council said today.
  • Special Report

Mass Deportation

Publication Date: 
October 2, 2024
The mass deportation of millions of undocumented individuals would be tremendously expensive and would have a catastrophic impact on our economy—one that would be expansive and impact every American...
  • Blog

Judge Grants Texas’ Request to Keep Families Apart, At Least For Now

September 3, 2024

A mere three days after 16 Republican-led states sued the Biden administration over its “Keeping Families Together” parole process, a federal judge in Texas handed the plaintiffs a temporary “...

  • Blog

Republican-Led States Sue to Block DACA Recipients from Accessing Affordable Health Insurance

August 23, 2024

A group of Republican-led states, headed by Kansas Attorney General Kris Kobach, have sued to block a new rule that allows Deferred Action for Childhood Arrival (DACA) recipients to access health...

  • Blog

President Biden’s Keeping Families Together Program Has Begun

August 22, 2024

Updated: August 22, 2024 This is an update to our blog first posted on June 18, 2024, when President Biden first announced two policies to help provide streamlined paths to legal status for...

  • Fact Sheet

Deferred Action for Childhood Arrivals (DACA): An Overview

Publication Date: 
July 31, 2024
This fact sheet provides an overview of Deferred Action for Childhood Arrivals (DACA) and prior attempts to dismantle the initiative, as well as its current status.

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