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. Providing avenues for legal status, protection, and family reunification is vital to ensuring humanitarian protection for immigrants. We are leading policy changes that open more opportunities like asylum, visas for victims of crime or human trafficking, and relief for long-term residents. Explore the resources below to learn more.
Department of Justice Seeks Rehearing in United States v. Texas
Today, the Department of Justice filed a petition for rehearing with the Supreme Court in United States v. Texas. In June, the Court issued a 4-4 one sentence nondecision affirming the Fifth Circuit’s preliminary injunction of DAPA and expanded DACA. In this new petition, the federal government specifically… Read More
Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog
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. Read More
Understanding the Legal Challenges to Executive Action
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. Read More
Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues
This Practice Advisory discusses the “departure bar” to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.
Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock
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). Read More
How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application
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. Read More
Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies
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. Read More
Rescinding an In Absentia Order of Removal
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. Read More
Inspection and Entry at a Port of Entry: When is there an Admission?
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. Read More
Return to the United States After Prevailing on a Petition for Review or Motion to Reopen
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. Read More
