This advisory reviews some of the most common forms of relief that may be available to TPS, DACA, and parole beneficiaries.

This resource provides information for practitioners on a new policy memo issued by USCIS on Feb. 28, 2025.

This article summarizes the CSPA, how it applies to Afghan SIV applicants, and the recent changes in the SIV petition process.

This FAQ provides answers to commonly asked TPS questions.

This FAQ addresses common inadmissibility issues that arise in the context of filings for U nonimmigrant status. Its contents are based on commonly asked questions received by our legal team's Ask the Expert tool.

This practice advisory with frequently asked questions provides an overview of the newly announced Afghan re-parole program through USCIS. It also addresses questions about eligibility, the application process, and the intersection of re-parole and other immigration benefits.

CLINIC has published a new brief on the Biden administration’s asylum ban, outlining basic information about the Circumvention of Lawful Pathways rule, exceptions to the rule, and ways to rebut the presumption of asylum ineligibility. The brief also includes an infographic with a hypothetical scenario.

Title 42 is scheduled to end May 11, 2023. This is a page of resources for legal practitioners, advocates, and others helping immigrant clients navigate the immigration system post-Title 42. If you would like to suggest a new resource be added to this page, please contact Tania Guerrero at tguerrero@cliniclegal.org.

Tens of thousands of Afghan citizens have been evacuated from Afghanistan over the past several months. The majority of them have entered the United States in parole status, which is not a permanent status. This practice advisory provides an overview of the various immigration benefits these Afghans might qualify for, including asylum, Special Immigrant Visas and adjustment of status through a family-based petition. The advisory also discusses public benefits available to Afghans. Finally, it discusses legal options, such as humanitarian parole and refugee processing, for those who remain in Afghanistan.

The Supreme Court’s decision in Sanchez v. Maryokas and recent changes to U.S. Citizenship and Immigration Services, or USCIS, policy have made it increasingly difficult for many TPS beneficiaries who initially entered the United States without inspection to adjust status through family-based petitions. This practice advisory reviews these developments as well as options for adjustment that may be available to help certain TPS beneficiaries adjust status, even if they initially entered the United States without inspection.

Immigrants can be particularly vulnerable to certain crimes due to many factors, such as the lack of knowledge around U.S. laws, cultural difference, separation from family and friends, language barriers, and fear of being detained and/or deported. The U Visa was created to help build and strengthen community ties with law enforcement so that immigrants are not afraid to come forward and report crimes.

On Feb. 23, 2022, U.S. Citizenship and Immigration Services issued a notice regarding previous denials of adjustment under the Cuban Adjustment Act for Cubans designated “arriving aliens” at the border by the Department of Homeland Security and subsequently released pending their removal proceedings. Pursuant to a new policy, such applicants for adjustment may reopen their cases where they were denied solely because they did not meet their burden of establishing that they had been admitted or paroled.

The FAQ explores the process of applying for adjustment under the CAA and the availability of benefits pending adjudication.

A surviving derivative spouse and children of an Afghan who qualifies under the Special Immigrant Visa program may be eligible to continue with the SIV program after the principal applicant has died. Practitioners should be aware of the possibility of continuing with the SIV process in these circumstances.

The current public charge standard applies in different ways to Afghans seeking SIV status, humanitarian parole, asylum, and adjustment of status based on a family-based petition. Recent evacuees may also be eligible for a wider range of public benefits, which could complicate their later proving that they are not likely to become a public charge.

An August 2021 policy from ICE titled “Using a Victim-Centered Approach with Noncitizen Crime Victims” provides important protections to noncitizen crime victims, including those with pending or approved applications for certain humanitarian immigration benefits.

The Board of Immigration Appeals, or BIA, issued a published decision establishing that the “exceptional circumstances” in absentia reopening provision may encompass situations that led to a respondent’s late arrival to court and, therefore, absence at a removal hearing. This decision provides a non-exhaustive list of factors and corroborative evidence for immigration judges to consider when adjudicating late arrival in absentia motions to reopen on a case-by-case basis.

U.S. Citizenship and Immigration Services, or USCIS, announced that it will exercise its statutory authority to grant employment authorization to noncitizens with a pending bona fide petition for U Nonimmigrant Status. USCIS issued a policy alert on June 14, 2021, announcing changes to the Policy Manual that would implement USCIS’s authority to perform bona fide determinations for pending U Nonimmigrant Status applications and provide Employment Authorization Documents, or EADs, and deferred action to those who meet certain discretionary standards.

CLINIC and United Stateless are launching a joint project to increase awareness of legal issues facing stateless people in the United States, and to create resources for practitioners providing representation to stateless people.

The Board of Immigration Appeals, or BIA, recently issued a decision where it concluded that a respondent applying for special rule cancellation of removal based on spousal abuse must show both that the abuser was the respondent’s lawful spouse and was either a United States citizen (USC) or legal permanent resident (LPR) at the time of the abuse. Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)

The Board of Immigration Appeals, or BIA, recently issued a decision where it concluded that individuals who cooperate with law enforcement may constitute a valid particular social group, or PSG, but only if their cooperation is public in nature and the society in question recognizes and provides protection for such cooperation. Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021). Its holding risks eliminating asylum eligibility for many applicants who have genuine fears of return based on having taken public actions against their potential persecutors.

This digest tracks DACA developments in reverse chronological order. This resource will be updated regularly.

On June 18, 2020, the U.S. Supreme Court issued a decision in Dep’t of Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891 (2020) holding that the Trump administration’s effort to end DACA had not complied with the requirements of the Administrative Procedures Act. As a result, the Supreme Court upheld a lower court ruling issuing an injunction against the DACA rescission and remanding the case for further proceedings.

The Supreme Court decision on June 18, 2020, in Dep’t of Homeland Sec. v. Regents of the Univ. of California has given DACA recipients a reprieve from the Trump Administration’s efforts to end the program. Nonetheless, until Congress acts to provide permanent status for those with DACA, it is important for practitioners representing DACA recipients to consider permanent relief options in each DACA client’s case.

The Supreme Court decision on June 18, 2020, in Dep’t of Homeland Sec. v. Regents of the Univ. of California has given DACA recipients a reprieve from the Trump Administration’s efforts to end the program. Nonetheless, until Congress acts to provide permanent status for those with DACA, it is important for practitioners representing DACA recipients to consider permanent relief options in each DACA client’s case.

In April 2020, 69 organizations, led by CLINIC, sent a letter to DHS and USCIS urging the extension of the re-registration period and work permits for TPS holders from Yemen and Somalia in light of COVID-19

The Board of Immigration Appeals issued a decision where it concluded that an asylum seeker’s willingness or reluctance to accept an offer for permanent residence does not negate a firm resettlement finding.

This report documents the clear and urgent need for Venezuela to be designated for Temporary Protected Status, or TPS. The report contains an overview of the law, current country conditions, and why TPS is both a necessary humanitarian response to the crisis in Venezuela and in the U.S. national interest.

On Jan. 22, 2020, the Board of Immigration Appeals issued a decision in Matter of Angel MAYEN-Vinalay, 27 I&N Dec. 755 (BIA 2020) concerning requests for continuances by applicants for “collateral relief” pending with United States Citizenship and Immigration Services who are also in removal proceedings. In this decision, the BIA held that a noncitizen’s prima facie eligibility for U nonimmigrant status, and whether that relief will materially affect the outcome of proceedings, are not dispositive, particularly where there are relevant secondary factors that weigh against a continuance.

Without warning, USCIS stopped accepting non-military deferred action requests on Aug. 7, 2019. In conjunction with many other organizations, CLINIC submitted a letter on Sep. 4, 2019, to urge Acting Director of the USCIS, Ken Cuccinelli, to reverse this policy.

On Sept. 11, CLINIC submitted a statement for the record for the House Oversight Committee’s hearing, “The Administration’s Apparent Revocation of Medical Deferred Action for Critically Ill Children," examining the impact of the Trump Administration’s decision to end consideration of non-military deferred action requests, including for children with critical illnesses.

For Immediate Release: July 19, 2019
Contact: Jose Magaña-Salgado at jose@masadc.com
Joint Press Release by: Alianza Americas, CARECEN DC, CARECEN San Francisco, Centro Presente, CLINIC, Florida Immigrant Coalition and Win Without War

This collection of stories illustrates why TPS for Venezuela must be designated now. Use for outreach to lawmakers and raising awareness in your networks and community. 

Update: On June 28, 2019, the U.S. Supreme Court agreed to review three of the below legal challenges - Regents of the University of California v. DHS, Batalla Vidal v. Nielsen, and NAACP v. Trump. Oral arguments are scheduled for November 12, 2019.

This guide provides attorneys and fully accredited representatives with strategies and best practices for representing asylum seekers with in absentia removal orders.

In April 2019, CLINIC sent a letter to USCIS with recommendations regarding ongoing TPS implementation issues and Ramos v. Nielsen. On May 24, 2019, CLINIC received this response.

CLINIC submitted a letter to USCIS Director Cissna on May 16, 2019 with recommendations to address and correct its erroneous rejection of Forms I-765 filed by Liberian DED holders. In summary, CLINIC recommends that USCIS should: automatically extend all Liberian DED holders EADs for the 12-month DED period; conduct outreach to ensure the Liberian community has accurate information; and investigate the root causes of the error, make its findings available to the public, and take corrective action to avoid replication.

On Jan. 23, 2018, Church World Service and CLINIC delivered a letter to the administration signed by nearly 300 faith leaders and organizations from across traditions in support of Syrian TPS holders. The letter calls on Secretary Nielsen to extend TPS for Syria for 18 months and to redesignate in order to protect more Syrians in need.

CLINIC sent a letter to USCIS Director Cissna on April 26, 2019, regarding recommendations to mitigate harm TPS holders are experiencing due to systemic issues at USCIS as well as steps USCIS should take to ensure that TPS holders under the Ramos v. Nielsen preliminary injunction are able to maintain their TPS benefits.

CLINIC’s policy brief documents the Trump administration’s failure to redesignate Teporary Protected Status for any country, most notably for three war-torn countries—Yemen, Syria and South Sudan—which had received redes­ignations and 18-month extensions in every previous TPS decision. The failure to redesignate raises serious legal questions as to whether the administration employed the proper legal analysis and procedure in these and any of its TPS decisions.

In March 2019, more than 215 national, state, and local organizations sent a letter to DHS requesting an immediate designation of TPS for Venezuela. In April 2019, DHS sent this response.

On April 2, 2019, CLINIC sent a letter to DHS Secretary Nielsen and USCIS Director Cissna registering concerns with ongoing Federal Register Notice delays for Temporary Protected Status, or TPS, and the resulting consequence to TPS holders and their families. The letter also included recommendations for the forthcoming Federal Register Notice for the 12-month postponement of the termination of Deferred Enforced Departure for Liberia.

This resource provides a brief overview of the numerous court cases challenging the Trump administration’s decisions to terminate TPS and DED for seven countries and their possible outcomes. It also explains that, while some of these cases may provide temporary injunctive relief, there is an urgent need for permanent solutions for TPS and DED holders that only Congress can provide.

Signed Court order outlining the steps that DHS will take to temporarily continue TPS for Nepal and Honduras

More than 215 national, state, and local organizations in the areas of immigration, civil rights, human rights, labor, faith, and education called on the U.S. Department of Homeland Security (DHS) Secretary Kirstjen Nielsen to immediately designate Venezuela for Temporary Protected Status (TPS). TPS is a humanitarian protection provides employment authorization and protection to deportation to immigrants who cannot be safely returned to their country.

On Feb. 12, 2019, CLINIC and Church World Service delivered a letter signed by more than 300 faith leaders and faith-based organizations from across traditions urging the administration to grant an 18-month extension and to redesignate TPS for South Sudan, demanded by ongoing armed conflict and humanitarian crises in the country.

Gibson, Dunn, and Crutcher, LLP, represented CLINIC on an amicus brief in support of the plaintiffs-appellees in Inland Empire – Immigrant Youth Collective, et al., v. Kirstjen Nielsen, et al. The plaintiffs-appellees challenge the government’s unlawful termination of their DACA without process on behalf of a class of DACA recipients.

Temporary Protected Status, or TPS, is a humanitarian form of immigration status for foreign nationals, including undocumented immigrants, who cannot safely return to their home country due to extraordinary circumstances. Examples of such circumstances include armed conflict or environmental disaster.

Letter from 70 law professors and scholars to USCIS and DHS regarding USCIS' new policy of issuing physical mailed extensions for employment authorization instead of Federal Register Notices.

Letter from 115+ national, state, and local organizations demanding that Congress support a DHS IG investigation on decisions related to TPS, including the investigation of various administrative irregularities.

This resources provides information for current Sudanese or Nicaraguan TPS holders on showing employers proof of an automatic extension of your TPS and work authorization until April 2, 2019.

On Oct. 26, 2018, CLINIC sent a letter to USCIS Director Cissna expressing concern and requesting more information and engagement on TPS processing delays which left tens of thousands of TPS holders without valid work authorization documents just days before their work authorization was to expire.

This memo summarizes irregularities and errors in Temporary Protected Status, or TPS, implementation post-decision observed by the Catholic Legal Immigration Network, Inc., or CLINIC, during the Trump administration.

This resource contains a collection of TPS holder stories and illustrates the human impact of terminating TPS. Stories provided by UndocuBlack, Alianza Americas, and CLINIC, as members of the TPS Working Group.

CLINIC has confirmed that there are some El Salvador TPS applications (Forms I-821 and I-765) that were filed during the most recent re-registration period (Jan. 18, 2018 – March 19, 2018) that have not yet been processed by USCIS. The processing delays are potentially problematic for TPS holders who are relying on the 180-day automatic extension of work authorization granted in the Federal Register Notice that will expire Wednesday, September 5, 2018.

The current 18-month grant of  Temporary Protected Status, or TPS, for Somalia will expire on September 17, 2018 unless extended by the secretary of Homeland Security.^[1] By statute, the DHS Secretary must decide whether to extend and/or redesignate or terminate TPS for Somalia by July 19, 2018.^[2]

Over 300 national, state, and local immigrant, religious, labor, and civil rights organizations sent a letter to Kristjen Nielsen, Secretary of the U.S. Department of Homeland Security, asking her to grant Temporary Protected Status (TPS) for Guatemala in light of recent environmental disasters. TPS provides the ability to work and protection from deportation for foreign nationals who cannot be safely returned to their home countries due to extraordinary and temporary conditions, such as an environmental disaster.

The current 18-month grant of Temporary Protected Status for approximately 1,000 Yemeni TPS holders will expire on Sept.

The current 18-month grant of Temporary Protected Status for nearly 200,000 Salvadorans will expire on March 9, 2018 unless extended by the Department of Homeland Security Secretary.^[1] By statute, the DHS Secretary must decide whether conditions warrant extension of the deadline by Jan.

This tool will help immigrant legal service providers and community-based organizations plan to effectively and efficiently respond to the decisions on TPS for certain nationalities.

CLINIC and Church World Service delivered a letter signed by 640 faith leaders and organizations from across traditions calling on the administration to extend and redesignate TPS for Honduras for at least another 18 months.

CLINIC and Church World Service delivered a letter signed by 275 faith leaders and organizations from across traditions calling on the administration to extend Temporary Protected Status for Nepal for at least another 18 months.

The Federal Register Notice in connection with the administration’s decision to terminate Deferred Enforced Departure, or DED, for Liberia with a twelve-month wind-down period was published on Friday, March 30, 2018.

This resource contains a collection of Nepali TPS holder stories and illustrates the human impact of terminating TPS. If you are a reporter looking for stories about TPS holders, please contact Pat Zapor at pzapor@cliniclegal.org.

This report documents the clear and acute need for an extension of Temporary Protected Status, or TPS, for Nepal for at least another 18 months. The law requires the secretary of the Department of Homeland Security to extend TPS when after review, the secretary determines that the conditions for the designation continue to be met. Nepal still meets the requirements as it continues to rebuild from the cataclysmic earthquake and aftershocks of April and May of 2015.

This backgrounder was prepared with assistance from Hira Ahmed and Selene Nafisi, J.D. candidates at the New York University School of Law’s Global Justice Clinic

This report documents the critical need for the United States to continue to extend Temporary Protected Status, or TPS, for Haiti until the country sufficiently recovers from a series of deadly natural disasters and is able to safely reabsorb TPS holders. Without TPS, the progress Haiti has made in recovery will be, at the least, seriously compromised.

Over 600 faith leaders and organizations from across traditions delivered a letter to the White House on March 22, 2018 urging the president to extend Deferred Enforced Departure (DED) for Liberia for at least another 18 months.

The current 6-month grant of Temporary Protected Status, or TPS, for nearly 60,000 Hondurans will expire on July 5, 2018 unless extended by the secretary of Homeland Security.[1] By statute, the DHS Secretary must decide whether to extend, terminate or redesignate TPS for Honduras by May 4, 2018.[2]

This report describes the acute need for the administration to extend Temporary Protected Status, or TPS, for Syria. Ongoing armed conflict as well as extraordinary and temporary conditions continue to make the safe return of Syrian nationals impossible. Syria is now in the seventh year of a catastrophic civil war that has shocked the world’s conscience and created the largest refugee crisis since World War II. Civilians in Syria suffer loss of infrastructure and widespread displacement. They are subjected to siege warfare and lack of access to food, water and medical aid.

CLINIC’s Executive Director Jeanne Atkinson joined the USCCB Committee on Migration, Catholic Relief Services (CRS), Catholic Charities USA (CCUSA), and Scalabrini International Migration Network (SIMN) in sending a letter to Secretary of Homeland Security, Kirstjen Nielsen, urging an 18-month extension of Temporary Protected Status (TPS) for El Salvador. 

On Dec. 4, CLINIC joined more than 130 other faith, non-profit, academic, and other organizations from across the country in a letter urging DHS and USCIS to immediately publish the official TPS notices for Honduras, Nicaragua, and Haiti. DHS announced the TPS determinations for these countries in November, but TPS holders and employers require official publication of the decisions in order to comply. At the time of this letter, the Federal Register Notices were delayed by over 4 weeks for the Honduran and Nicaraguan decisions and two weeks delayed for Haiti’s decision.

This quick guide will assist TPS holders in understanding DHS decisions on TPS, including terminations and indecisions. The guide also offers seven steps TPS holders can take to prepare and provides helpful links to resources.

CLINIC’s Executive Director Jeanne Atkinson joined the leaders of other major Catholic agencies that work to support immigrants and refugees have urged the head of the Department of Homeland Security to extend Temporary Protected Status for Honduras and El Salvador.

Download the PDF

On Oct. 27, CLINIC joined 120 other faith, non-profit, academic and other organizations from across the country in a letter urging DHS to reconsider the recent termination of Temporary Protected Status for Sudan.

Guidelines for Press Releases for Administration's Failure to Make a TPS Decision on Time

Guidelines for Press Releases for TPS Termination

The Catholic Legal Immigration Network, Inc. and Church World Service delivered a letter Sept. 18 signed by nearly 700 American faith leaders and organizations calling on the administration to continue to use Temporary Protected Status as Congress intended. The law calls for TPS to protect foreign nationals in the United States whose lives would be at risk if they are forced to return to their countries too soon after catastrophes.

This tool will help immigrant legal service providers and community-based organizations plan to effectively and efficiently respond to DACA termination.

The current six-month grant of Temporary Protected Status, or TPS, for approximately 50,000 Haitians will expire on Jan. 22, 2018 unless extended by the Secretary of the Department of Homeland Security.

The Department of Homeland Security amended its regulations governing the requirements and procedures for T nonimmigrant status for victims of human trafficking on Dec. 19, 2016. The regulations were amended to comply with several legislative changes, respond to public comments, and reflect U.S. Citizenship and Immigration Services experience adjudicating T nonimmigrant applications. The interim rule took effect Jan. 18, 2017. This article summarizes the main changes to the regulations.

President Obama’s Jan. 12, 2017, announcement ending the “wet-foot, dry-foot” policy on Cuban migration has prompted many questions as to how this change will impact immigration law. Understanding the origins of the policy will help address what is at stake for Cuban nationals moving forward.

DACA is an executive action, implemented by President Obama in 2012, providing deportation relief and the opportunity to work for a select group of young, undocumented people living in the United States. This document provides some talking points.

Enacted in 1966, the Cuban Adjustment Act (CAA) allows Cubans and their spouses and children to become permanent residents through adjustment of status. The law provides humanitarian relief to Cubans who are presumed to be political refugees and cannot seek residence through other avenues. To qualify for Cuban adjustment as a principal applicant, one must be a native or citizen of Cuba; have been inspected, admitted or paroled; be physically present in the United States for more than one year; and be admissible to the United States for lawful permanent residency.

In coalition with Nepali organizations based in the United States, including Adhikaar in New York, the National Council of Asian Pacific Americans (NCAPA) are a part of a nation-wide movement to support humanitarian efforts for Nepal. The massive 7.8 magnitude earthquake that shook Nepal has resulted in mass death and destruction. This devastation and tragedy has touched all of our hearts as the difficult relief efforts have begun.