Skip to Content

Programs:

Legalization

"Arriving Aliens" & Adjustment of Status

ARCHIVED ISSUE PAGE (LAST UPDATED SEPTEMBER 2008)

In 1997, the former INS adopted a regulation that barred all "arriving aliens" who were in removal proceedings from adjusting status. See former 8 C.F.R. § 245.1(c)(8); § 1245(c)(8). At the same time, INS adopted a regulation broadly defining the term "arriving alien." As a result, under 8 C.F.R. § 245.1(c)(8) and § 1245.1(c)(8), almost all parolees in removal proceedings were barred from adjustment of status. Several courts struck down these regulations barring adjustment as ultra vires to the statute. On May 12, 2006, the government issued an interim rule deleting the absolute bar on an "arriving alien's" ability to adjust status in removal proceedings. Under the interim rule, USCIS has jurisdiction to adjudicate the adjustment application. Litigation under the interim rule has focused on the BIA's blanket denial of all motions to reopen, remand or continue a removal case while USCIS is adjudicating the adjustment application.

Latest Developments|Additional Resources

The American Immigration Council’s LAC would like to hear how USCIS is handling the adjustment applications of “arriving aliens” in removal proceedings who are now eligible to apply for adjustment with USCIS under the interim rule. Please contact clearinghouse@immcouncil.org to let us know what has happened in your clients' cases.

Latest Developments

BIA Requests Briefing on the Issue of Whether USCIS Can and Will Decide an Adjustment Application of an "Arriving Alien" Under a Final Order of RemovalRead more...

Justice Across Borders

September, 2010

The International Exchange Center is proud to announce Seref Onder as this month’s Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American culture.

Seref, along with his wife and their two young children, came to the US from Turkey in March of this year. As a police officer, the opportunity to train at the International Association of Chiefs of Police was impossible to pass up. The purpose of his training is to share how policing and justice are handled in the US and in Turkey.

Read more...

Can Winnipeg model save Detroit?

Published on Sat, May 21, 2011

Detroit has become the poster child for urban decay. The city lost 25 per cent of its population between 2000 and 2010, and more than half its population since 1950. More than 90,000 houses stand empty, and many neighborhoods have been completely abandoned.

The burden of maintaining infrastructure and law enforcement in a city with an eroding tax base and sparse population has led to attempts to "shrink" the city. This means bulldozing several areas of the city and relocating existing residents. Mayor Dave Bing realizes this, and has pledged to knock down a staggering 10,000 structures during his first term.

In the past, such slum clearances led to vigorous opposition from urbanists like Jane Jacobs, who argued that top-down approaches to urban redevelopment would cause a great deal of pain for little to no benefit. Yet despite the fact that Jacobs is widely admired, the plan to shrink the city has met with little opposition in Detroit. Frankly, unless Detroit sees a major population surge, shrinking the city sadly may be necessary.

Last week, New York Mayor Michael Bloomberg appeared on NBC's Meet the Press, and mused about using immigration policy to repopulate the city. The premise makes perfect sense. Most of Detroit's problems stem from the fact that fewer and fewer people are working and paying taxes in the city. There is more infrastructure than people need or the city can afford.

Ultimately the issue then is getting people to live in Detroit. But the biggest problem, even with a mild resurgence in the auto sector, is that Americans, and even most Michiganders, don't want to live in Detroit, even with jobs.

For many immigrants, however, Detroit would seem like a major upgrade over their current situations. This is not a far-fetched notion. Here's a proposal for Detroit based on an unlikely Canadian immigration success story: Winnipeg.Read more...

Published in the Winnepeg Free Press

Court Holds Noncitizens Granted Voluntary Departure may Seek Reopening

Dada v. Mukasey, 554 U.S. 1 (2008)

A divided Supreme Court held that voluntary departure recipients must be permitted to unilaterally withdraw a voluntary departure request before the expiration of the voluntary departure period in order “to safeguard the right to pursue a motion to reopen.” The Court, however, rejected the argument that the voluntary departure period automatically tolls when a motion to reopen is filed. Read more...

Study: Fewer Mexicans migrating to United States

Published on Tue, Aug 02, 2011

PHOENIX - While illegal immigration has dominated a portion of political dialogue in the United States over the last few years, fewer Mexicans are crossing the border according to a new study.

"About 60 percent fewer people are coming to the United States from Mexico," said Wendy Sefsaf with the Immigration Policy Center. The center uses Mexican nationals as a proxy because they are a large part of the undocumented population, Sefsaf said.

The reason that fewer people are looking to head across the border is the downtrodden economy.

"The reason why people are not coming is the economy," Sefsaf said. "That's always been the case. Migration from Mexico for 100 years has been impacted the economic conditions in the receiving countries."

Data from the Pew Hispanic Center and the Rand Corporation also revealed that fewer immigrants are leaving the country and those that are in the United States have likely been here for more than a decade, showing a need for a more nuanced set of policies to help immigrants integrate fully into American society, Sefsaf said.

Published in the KTAR Arizona

Soft Power: The J-1 Visa!

The J-1 is a “feel-good” visa that we can all be proud to offer, and the J-1 experience is about more than practical training.


View Document

Undocumented College Students Rally For Public Financial Aid

Published on Wed, Sep 28, 2011

Two dozen college students rallied Werdnesday afternoon outside the San Francisco office of Gov. Jerry Brown, who has until Oct. 9 to either sign or veto a bill that would allow undocumented students to receive public financial aid for higher education.

The students, joined by a member of the City College of San Francisco Board of Trustees, took part in a statewide day of action designed to pressure Brown into signing the bill, AB 131, the second half of the California Development, Relief and Education for Alien Minors, or DREAM, Act.

In July, Brown signed AB 130, a bill allowing undocumented students to receive private scholarships.

If he signs the second bill, undocumented students attending public higher educational institutions who qualify for the exemption from non-resident tuition would be eligible to receive financial aid at the state's public colleges and universities.

Currently, undocumented students cannot receive state or federal financial aid.

According to the Immigration Policy Center, although some 65,000 undocumented students graduate from high school, only 5 to 10 percent continue onto college, with many unable to continue for financial reasons or because schools do not allow them to enroll.

Several students, identified only by their first names for their protection, shared stories at the rally about their college experiences.

Through choked tears, Catherine spoke of how she had been a fourth-year political science student at the University of California at Berkeley but had to drop out the semester she was to graduate because she could not afford to finish.

"Sign this bill as if your own children needed it," she said, urging Brown to take action. "Undocumented students are under attack and California can be the beacon of hope."Read more...

Published in the The San Francisco Appeal

Alumni

Are you a J-1 Alumni?

We'd love to have your feedback! Please take a few minutes to participate in our alumni survey. We hope to use survey information to publish a report on the impact of J-1 programs.