By Lauren Eagan

In my 15 years as an immigration attorney, I’ve witnessed how having a pending case with immigration authorities can become a powerful shield for individuals seeking to regularize their status. In today’s volatile climate, that protection is more valuable than ever, because:

1. You’re part of the legal system

When an immigrant begins a formal immigration process, they are officially registered with U.S. Citizenship and Immigration Services (USCIS). This can provide a layer of protection from enforcement actions—especially if the application is filed in good faith.

Additionally, filing certain applications—such as an adjustment of status through Form I-485—qualifies the individual as “registered” under the new registration requirement, without needing to submit a separate registration request.

2. You may be able to stop a deportation

A pending case can serve as a temporary barrier to removal. While not every application automatically halts a deportation order, there are circumstances where filing a new petition can offer protection while the case is being reviewed.

For example, a motion to reopen a prior case or a petition filed under VAWA or the T Visa can temporarily delay the execution of a removal order.

3. You may qualify for benefits like a work permit

Having an active case can make you eligible for employment authorization, which is vital for many immigrants. Under immigration law, certain applicants are entitled to an Employment Authorization Document (EAD). For example:

• Those applying under VAWA can request a work permit immediately.

• T Visa applicants (for victims of human trafficking) receive priority.

• U Visa applicants (for victims of certain crimes) may also qualify.

These permits not only allow individuals to work legally, but also help them obtain a Social Security Number and driver’s license in many states—greatly stabilizing their family’s situation.

4. It gives you time—and options

Time is a critical factor in immigration. While your case is pending, immigration policies may change. A study by the Migration Policy Institute documented how, during the transition from the Trump to the Biden administration, many cases that once seemed hopeless found new paths to resolution thanks to policy shifts.

5. It helps prevent arbitrary ICE arrests

In the current environment—where deportation efforts have intensified—being “off the radar” can actually make you more vulnerable. According to data from the Transactional Records Access Clearinghouse, immigrants with no pending case are significantly more likely to be detained during routine ICE operations.

Having an active case provides documentation you can present during encounters with immigration officers, showing that you are pursuing a legal process.

6. It allows you to exercise your rights

A pending case gives you access to fundamental procedural rights. If you receive a negative decision, you may be able to:

• File appeals before the Board of Immigration Appeals (BIA)

• Seek judicial review in federal courts

• Submit motions to reopen or reconsider your case

• Reapply, depending on the reason for denial

The U.S. Constitution guarantees due process—even for immigrants. Without a pending case, these legal protections may not exist, or they are extremely limited.

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