By Lauren Eagan
In my 15 years as an immigration lawyer, I have observed how a pending case before immigration authorities can become a protective shield for those seeking to regularize their status. In the turbulent times in which we live, this protection is more valuable than ever because:
1. You are inside the legal system: When an immigrant initiates an immigration process, they are formally registered with U.S. Citizenship and Immigration Services (USCIS). This can provide protection against potential immigration enforcement actions, especially if the application is being processed in good faith.
Additionally, filing certain applications such as adjustment of status through Form I-485 qualifies the person as “registered” under the new registration requirement, without the need to file a separate additional registration application.
2. You can stop a deportation: A pending case can act as a temporary barrier against deportation. Although not all applications automatically halt a removal order, there are situations where filing a new immigration petition can offer protection while the case is being resolved.
For example, a motion to reopen a previous case or an application under VAWA or T Visa can temporarily suspend the execution of a deportation order.
3. You can obtain benefits such as a work permit: Having an active case can give you access to employment authorization, which is essential for many people. According to immigration regulations, certain applicants may receive an Employment Authorization Document (EAD). For example:
• Those who apply under VAWA can request the permit immediately.
• T Visa petitioners (for victims of human trafficking) receive priority.
• U visa applicants (for victims of certain crimes) may also qualify for this protection.
These permits not only allow people to work legally, but they also make it easier to obtain a Social Security number and a driver's license in many states, significantly stabilizing the family situation.
4. It gives you time and options: Time is a crucial factor in an immigration process. While a case is pending, immigration policies can change. A study of Migration Policy Institute documented how, during the transition from the Trump to the Biden administration, many cases that seemed destined for failure found new avenues for resolution thanks to policy changes.
5. Prevent arbitrary ICE arrests: In the current climate, where deportation operations have increased in intensity, staying “off the radar” can paradoxically increase vulnerability. According to data from Transactional Records Access Clearinghouse, immigrants without pending cases are significantly more likely to be detained during routine ICE operations.
An active case provides documentation that can be presented during an encounter with immigration officials, demonstrating that a legal process is being followed.
6. It allows you to exercise your rights: Having an active case opens up the possibility for you to exercise fundamental procedural rights. If you face a negative decision, you can:
• File appeals with the Board of Immigration Appeals (BIA)
• Request judicial review in federal courts
• File motions to reopen or reconsider your case
• Resubmit your application, depending on the reasons for rejection
The US Constitution guarantees the right to due process, even for immigrants. Without a pending case, these procedural options simply do not exist or are extremely limited.
If you have questions about your case, or are ready to take the next step and fix your papers, we are here for you.
In Eagan Immigration, we have helped thousands of immigrants across the country obtain work permits, legal protection, and peace of mind.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
This information is for educational purposes only and does not constitute legal advice.