USCIS has exclusive jurisdiction to adjudicate certain applications for immigration relief that protect survivors of crime and other forms of abuse. Many people who are in active removal proceedings are eligible for one or more of these forms of relief. In the past, it was often possible to postpone or terminate removal proceedings to pursue such relief at USCIS. However, current policies at the Executive Office for Immigration Review (EOIR) and increasingly negative caselaw from the Board of Immigration Appeals (BIA) have made navigating removal proceedings for these applicants extremely challenging. The challenges are exacerbated due to visa backlogs and USCIS adjudication delays for these forms of relief. This advisory provides an overview of affirmative relief for immigrant survivors, summarize recent BIA cases on point, and offer practice tips for protecting against removal.
In this community explainer we will discuss some questions that have been raised since the publication of the memo as well as practical considerations for family-based applicants for adjustment of status.
On May 4, 2026, The Immigrant Legal Resource Center (ILRC) submitted a formal comment opposing proposed changes to the EOIR-33 change-of-address form, arguing that the revisions are procedurally improper and substantively harmful.
On April 23, 2026, the Immigrant Legal Resource Center (ILRC) submitted a comment opposing a proposed rule that would significantly limit work authorization for asylum seekers. The ILRC comments that the rule would drastically restrict access to work permits and make it nearly impossible for many asylum seekers to survive while their cases are pending. It highlights that the proposal would lengthen wait times, add new eligibility barriers, and allow broad discretionary denials, effectively undermining the asylum system and deterring legitimate applicants. The ILRC contends the rule would cause severe economic, social, and health harms, including lost wages, increased exploitation, family instability, and reduced access to legal representation and basic services, while also disproportionately harming immigrants of color. Additionally, the ILRC criticizes related form changes as unlawful and overly burdensome, concluding that the proposal lacks evidence to support its stated goals and urging DHS and USCIS to withdraw it entirely.
On April 10, 2026, USCIS issued a new memo again terminating the SIJS deferred action (DA) policy (“April 10th Memo”). Under the April 10th Memo, USCIS will no longer automatically consider granting DA to young people granted SIJS. This termination memo does not, however, go into effect until May 10, 2026, and only applies to SIJS petitions filed on or after that date. This practice alert discusses what the April 10th Memo means for SIJS petitions and SIJS DA renewals filed prior to and on or after May 10, 2026, including helpful charts.