Immigration Benefits and Relief

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.

Unprecedented Coalition Ask Court to Reverse Texas Ruling Blocking Immigration Initiatives

Washington D.C. – The Texas federal district court order that blocked parts of President Obama’s executive action on immigration was based on unproven or incomplete presentations to the court and should be reversed, civil rights and immigration advocates argue in an amicus (“friend-of-the-court”) brief in the case of State of Texas v. Read More

Texas Decision at Odds with Legal Precedent, History and Facts on Immigration Enforcement

Washington D.C. – Late last night, a Texas judge issued a preliminary injunction that temporarily blocks the implementation of President Obama’s new deferred action initiatives. These initiatives, announced last November, came in response to more than 10 years of political stalemates and failure by Congress to address America’s broken immigration system and… Read More

Immigration Council Strongly Reaffirms Research on Reagan-Bush Family Fairness Policy

Washington D.C. – This week, the Washington Post issued another editorial in its campaign against President Obama’s decision to authorize temporary deportation relief for several million undocumented parents of U.S citizen children. In particular, the Post argues that there is no historical precedent for President Obama’s action, discounting the parallel that the President and many… Read More

Department of Justice Seeks Rehearing in United States v. Texas

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

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

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

Screening Potential DACA Requestors for Other Forms of Relief

Screening Potential DACA Requestors for Other Forms of Relief

This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits. Read More

Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

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. Read More

The Child Status Protection Act

The Child Status Protection Act

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. Read More

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