Starting in late 2025, U.S. Citizenship and Immigration Services (USCIS) placed an indefinite hold on processing immigration benefit applications filed by or on behalf of people who are nationals of — or were born in — countries designated as “high-risk” under two Presidential Proclamations issued in June and December 2025. That list now covers 39 countries, drawn primarily from Africa, the Middle East, Asia, and parts of Latin America. The hold was expanded in January 2026 through a policy memorandum that applies to virtually every immigration benefit category, including green card applications, work permit renewals (I-765), H-1B petitions (I-129), immigrant petitions (I-140), and naturalization (N-400). Applications can still be filed and processed up to the point of a final decision — but the final approval or denial is on hold indefinitely.

In addition, USCIS announced it would re-review benefit applications that were already approved on or after January 20, 2021, for people from affected countries. That means cases that were previously approved could be reopened for additional scrutiny.

As of March 2026, USCIS indicated it would begin resuming asylum processing for applicants from countries not classified as “high-risk,” but the broader adjudication hold on all other benefit types (H-1B, I-140, I-485, etc.) for nationals of the 39 travel ban countries remains in effect with no announced end date.

Last reviewed: May 2026

Separate from the USCIS adjudication hold, the U.S. Department of State paused the issuance of immigrant visas (the visas that lead to green cards) for nationals of 75 countries, effective January 21, 2026. The State Department cited concerns about applicants’ likelihood of relying on public benefits (a “public charge” assessment) as the stated justification. Unlike the 39-country travel ban, this pause affects only immigrant visa processing — tourist, student, and most work visas (such as H-1B and L-1) are not affected by this particular policy.

Key things to know about the immigrant visa pause:

• Applicants from affected countries can still submit visa applications and attend consular interviews — but the final visa issuance is frozen.
• This is not the same as the 39-country travel ban. Many countries are on the 75-country visa freeze list but are not subject to the travel ban (for example, Brazil, Egypt, Pakistan, Russia, and Thailand).
• Visas already issued before January 21, 2026 have NOT been revoked.
• Green card holders (LPRs) are not affected — this applies to people seeking immigrant visas abroad.
• No end date has been announced. The freeze remains in effect until modified or lifted by the government.
• Dual nationals using a passport from a country not on the affected list may be exempt.

If you are in the consular process for an immigrant visa and are a national of one of the 75 countries, your case is likely in a holding pattern. Our team can help you understand where you stand and whether any exceptions or alternative pathways may apply.

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Last reviewed: May 2026

The U.S. government has significantly expanded its review of applicants’ social media and online presence as part of the immigration vetting process. What began in June 2025 for F, M, and J visa applicants (students and exchange visitors) has now grown to cover a much wider range of visa categories. As of December 2025, H-1B workers and their H-4 dependents were added. And as of March 30, 2026, the policy expanded again to include K-1 fiancé(e) visas, K-2 and K-3 visas, R-1 and R-2 religious worker visas, T and U visas (for trafficking and crime victims), H-3 trainees, and several other categories. USCIS has also confirmed it uses similar screening for adjustment of status and other benefit applications filed inside the United States.

If you are in any of these categories, here is what you need to know:

• You must disclose all social media accounts you have used in the past five years on your visa application forms, including inactive or rarely used accounts. This includes platforms like Facebook, Instagram, X (Twitter), TikTok, LinkedIn, Snapchat, YouTube, WhatsApp, Reddit, Discord, Telegram, and others.
• You are required to set all your social media profiles to “public” so that consular officers can review them before and during your interview.
• Failing to disclose an account — or keeping a profile private — can result in delays or denial, even if the content itself is benign.
• Officers are looking for posts, comments, likes, or connections that could suggest hostility toward U.S. institutions or citizens, support for designated terrorist organizations, or other national security or public safety concerns.
• No official standard has been published defining what will trigger a denial. Consular officers have broad discretion.
• Even old posts or posts you considered jokes can be flagged. The standard is how an officer interprets the content, not your intent.

We strongly recommend that any client with a pending or upcoming visa application review all of their social media accounts carefully before their interview. If you have concerns about specific content, speak with an immigration attorney before your interview — do not delete accounts or posts without guidance, as that could itself raise questions.

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Last reviewed: May 2026

Immigration court is a federal administrative tribunal where an immigration judge decides whether a person can remain in the United States. These courts are run by the Executive Office for Immigration Review (EOIR), which is part of the U.S. Department of Justice — not the regular federal court system. Immigration judges are not confirmed by the Senate and are not independent Article III judges; they are government employees appointed by the Attorney General. Removal proceedings are civil proceedings, not criminal. That means immigrants in removal proceedings do not have the same rights as criminal defendants: there is no jury, no right to a government-appointed attorney, and hearings can be concluded in hours.

Proceedings typically begin when DHS issues a Notice to Appear (NTA) and files it with the immigration court. The process usually involves two stages: a master calendar hearing followed by individual hearings on the merits. At those hearings, a DHS attorney acts as the prosecutor, and the non-citizen (the “respondent”) may present defenses and apply for relief such as asylum, cancellation of removal, or adjustment of status. If the judge orders removal, the respondent can appeal to the Board of Immigration Appeals (BIA) and then to a federal circuit court. Hearings are generally open to the public, interpreters are provided, and hearings are recorded.

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Last reviewed: May 2026

Legally, U.S. citizens cannot be deported. Both natural-born and naturalized citizens have full constitutional protection and the right to remain in the United States. However, naturalized citizens face one avenue of risk that birthright citizens do not: denaturalization, which is the legal process of stripping someone of their citizenship. If denaturalization succeeds, the person reverts to their prior immigration status and can then face deportation proceedings.

Historically, denaturalization was extremely rare — fewer than 150 people lost citizenship in the 45-year period from 1968 to 2013. That has changed significantly. In June 2025, the Department of Justice instructed its attorneys to “maximally pursue” denaturalization cases across 10 broad priority categories, including criminal history, national security concerns, and fraud in the naturalization process. By December 2025, USCIS was reportedly directed to supply 100–200 denaturalization referrals per month to the Office of Immigration Litigation. Documented cases have emerged in 2025 and 2026 of U.S. citizens — including birthright citizens — being wrongfully detained by immigration agents due to administrative errors during enforcement operations.

What naturalized citizens should know:

• Denaturalization can only happen through a formal legal process. The government must prove fraud or material misrepresentation in the original naturalization application. Minor errors or unintentional omissions generally do not meet this threshold.
• If denaturalization proceedings are initiated, you have the right to defend yourself in court — but unlike criminal cases, there is no right to a court-appointed attorney.
• If you are ever approached by federal agents questioning your citizenship or immigration status, remain calm and contact an immigration attorney immediately.
• Keep a copy of your Certificate of Naturalization in a secure location, and consider making certified copies.
• If you have any concern about something you disclosed — or did not disclose — on your naturalization application, consult with an attorney proactively.

The law remains protective of citizenship. However, the current enforcement environment makes it important for naturalized citizens to be informed and prepared.

Last reviewed: May 2026

A Notice to Appear (NTA), formally known as Form I-862, is a legal document issued by DHS that formally begins removal (deportation) proceedings against a noncitizen. Receiving an NTA means the government believes you may be removable from the United States — but it is not a final order of deportation. It is the start of a legal process in which you will have the opportunity to present your case before an immigration judge.

The NTA will include your personal information, a list of factual allegations the government believes apply to you, the specific sections of immigration law the government believes you have violated, and information about your first court hearing (called a master calendar hearing). In some cases, the hearing date may not be listed on the NTA itself and will be provided later in a separate notice.

In February 2025, USCIS significantly expanded its NTA issuance policy. Under the current policy, USCIS will issue an NTA when an immigration benefit application is denied and the applicant is no longer in lawful status or is otherwise removable. This means that filing an application that is ultimately denied now carries greater risk of being placed into removal proceedings than it did in prior years. NTAs may also be issued in cases involving fraud, misrepresentation, criminal activity, or when protections such as TPS or asylum are revoked.

If you receive an NTA:

• Do not ignore it. If you fail to appear at your scheduled hearing, the immigration judge can issue an in absentia removal order. An in absentia order can bar you from most forms of immigration relief for 10 years.
• Contact an immigration attorney immediately. Immigration court is adversarial — a government attorney will argue for your removal, and you have the right to hire your own attorney, but the government will not provide one for you.
• Read the NTA carefully and verify that your name, date of birth, address, and other personal information are correct.
• Keep your address current with both USCIS and the immigration court. If you move at any time while your case is pending, you must notify the immigration court within five days using Form EOIR-33.
• Gather all relevant documents — including your passport, visa, I-94, birth certificate, prior immigration filings, and any evidence supporting a claim for relief.
• Check your hearing date by calling the EOIR Automated Hotline at 1-800-898-7180 or using the EOIR portal online.

Receiving an NTA does not mean deportation is inevitable. Many people who receive NTAs have viable defenses, including asylum, cancellation of removal, adjustment of status, VAWA relief, or voluntary departure. But the stakes are extremely high, and early legal representation is critical.

Last reviewed: May 2026

On December 16, 2025, President Trump signed Presidential Proclamation 10998, expanding the June 2025 travel ban from 19 countries to 39 countries plus individuals traveling on Palestinian Authority–issued travel documents. The ban took effect January 1, 2026.

Full Suspension (19 countries — all immigrant and nonimmigrant visas blocked): Afghanistan, Burkina Faso, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. Individuals holding Palestinian Authority travel documents are also fully restricted.

Partial Suspension (20 countries — immigrant visas plus B, F, M, and J nonimmigrant visas blocked): Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan (immigrants only), Venezuela, Zambia, and Zimbabwe. Work visa categories such as H-1B, L, O, and P remain available for partial-suspension countries, though validity periods may be reduced.

Key exceptions include: individuals who held a valid visa before January 1, 2026; U.S. lawful permanent residents; dual nationals traveling on a passport from a non-restricted country; certain diplomats; and athletes/coaches traveling for the World Cup, Olympics, or other major sporting events. The proclamation contains no fixed end date and directs an interagency review every 180 days.

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Last reviewed: May 2026

On December 2, 2025, USCIS placed an indefinite hold on all pending Form I-589 asylum applications, regardless of the applicant’s nationality. This pause applied to all affirmative asylum cases before USCIS — meaning even applicants from countries not on the travel ban list were affected. As of March 30, 2026, USCIS announced that it would lift the pause for asylum seekers from countries not classified as “high-risk.” Asylum applications from nationals of the 39 travel ban countries remain paused, and USCIS has not yet provided detailed written guidance clarifying which countries it considers “high-risk” for purposes of the partial lift. Applicants with pending asylum cases should continue to appear for any scheduled appointments or interviews and should consult an immigration attorney to understand how these changes affect their specific situation.

Last reviewed: May 2026

Several significant changes have been made to the Employment Authorization Document (EAD) program that directly impact employers and employees.

Reduced Validity Periods: Effective December 5, 2025, USCIS reduced the maximum validity period for certain EAD categories from five years to 18 months. Affected categories include refugees, asylees, asylum applicants, adjustment of status applicants, and applicants for cancellation of removal or suspension of deportation. For certain parole and TPS categories, the maximum EAD validity is now one year.

Elimination of Automatic Extensions: As of October 30, 2025, the 540-day automatic extension for timely EAD renewal filings has been eliminated for most categories. Previously, employees who timely filed an EAD renewal could continue working for up to 540 days while their renewal was pending. Now, employees in affected categories will lose work authorization the day after their current EAD expires unless a new card has been issued. F-1 OPT STEM applicants and spouses of L and E visa holders are not affected by this change.

Employers should update compliance procedures to track EAD expiration dates, file renewals as early as possible (up to 180 days in advance), and ensure no employee works beyond their EAD expiration date without a valid new card in hand.

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Last reviewed: May 2026

In September 2025, a Presidential Proclamation imposed a $100,000 fee on new H-1B petitions for workers located outside the United States. This fee applies to H-1B petitions filed on behalf of beneficiaries who are abroad at the time of filing and is in addition to existing USCIS filing fees. The fee’s legality has been challenged in court and continues to be pending.

This fee does not apply to H-1B extensions, amendments, or change of status petitions for workers already present in the United States.

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Last reviewed: May 2026

Effective December 26, 2025, U.S. Customs and Border Protection (CBP) implemented mandatory biometric data collection (photographs and fingerprints) for virtually all noncitizens entering and exiting the United States. This applies at every port of entry — land, air, and sea — and covers all noncitizens, including green card holders and temporary visa holders. Previously, biometric collection at exit was limited to pilot programs at select ports. Travelers should expect additional processing time at ports of entry and exit.

Separately, USCIS has proposed expanding biometrics collection in immigration benefit cases to require biometric submission from virtually anyone filing or associated with an immigration benefit application, regardless of age, potentially including DNA testing in some instances. This proposal is still in the rulemaking process.

Last reviewed: May 2026

The government is conducting re-interviews of some refugees who have lived in the United States for at least one year and have not yet received a green card. If you have a pending adjustment of status application (Form I-485) and receive an interview notice, it will likely include a review of your original refugee case.

Additionally, all refugee adjustment of status applications filed between January 21, 2021, and February 20, 2025, have been paused. USCIS is reviewing these cases to determine whether the original refugee approvals were legally sufficient. A federal court has blocked a policy (Operation PARRIS) that would have allowed the government to arrest and detain refugees nationwide during these reviews.

Last reviewed: May 2026

Despite the significant policy changes described in this FAQ, it is important to understand that green cards are still being approved across many categories. The immigration system has not shut down. For applicants who are not from travel ban countries and whose cases are not subject to the adjudication holds described above, USCIS continues to process and approve applications — including family-based green cards, employment-based green cards (EB-1, EB-2, EB-3), and adjustment of status applications.

Our office continues to receive approvals in immigration matters on a daily basis, including:

• Employment-based petitions (I-140): USCIS continues to adjudicate I-140 immigrant petitions, and premium processing remains available, from EB-1 to EB-4.
• Family-based green cards: Marriage-based green cards for spouses of U.S. citizens remain one of the more straightforward paths, with some cases seeing approvals in as little as 7–12 months.
• Adjustment of status (I-485): For applicants whose priority dates are current and who are not subject to the adjudication hold, USCIS is processing and approving I-485 applications.
• Naturalization: Naturalization processing times are at some of their lowest levels in years.
• H-1B and other work visas: H-1B petitions, extensions, and transfers are still being processed and approved. Premium processing remains available.
• Premium processing: This expedited service continues to operate across eligible petition types (I-129, I-140, and certain I-765 and I-539 filings).

The bottom line: While the current environment has introduced new delays and uncertainties for certain groups, many immigration pathways remain open and functional. If you are unsure whether your case is affected, contact our office.

Last reviewed: May 2026

When USCIS or the State Department takes an unreasonably long time to adjudicate an immigration case, applicants may have the option to file a lawsuit in federal district court called a writ of mandamus (or a complaint under the Administrative Procedure Act). A mandamus action asks the court to order the agency to act on a pending case. It does not ask the court to approve the application — only to compel the agency to finally make a decision.

Mandamus is not a guaranteed remedy and is not available in every situation. Courts typically look at whether the delay is unreasonable given the type of case, the agency’s workload, and any steps the applicant has already taken. However, in a landscape where many cases have sat without action for two, three, or even five or more years, mandamus has become an increasingly viable and commonly used tool. A number of federal courts have ordered USCIS to act within 30 to 90 days following mandamus filings.

Mandamus may be a good option if:

• Your case has been pending significantly longer than the published USCIS processing time for your case type and location.
• You have already submitted an inquiry through the USCIS online case inquiry system and received no meaningful response.
• You have submitted a case inquiry to your congressional representative’s office without resolution.
• The delay is causing serious hardship — for example, loss of work authorization, inability to travel, family separation, or business disruption.
• Your case type has a non-discretionary duty to adjudicate (e.g., I-130, I-485, naturalization, certain I-765s).

Mandamus is generally not available for:

• Cases that are subject to the current adjudication holds for travel ban country nationals.
• Cases where the government has a legitimate, documented reason for the delay (e.g., a pending background check).
• Purely discretionary determinations, such as requests for national interest exceptions.

If you believe your case delay may warrant a mandamus filing, contact our office for an evaluation.

Last reviewed: May 2026

Finding out that a family member has been detained by Immigration and Customs Enforcement (ICE) or another federal agency is frightening. Acting quickly and calmly is critical.

Step 1: Locate your loved one. When someone is detained by ICE, they are typically taken to an immigration detention facility. ICE maintains an online detainee locator at ice.gov/detainee-locator. You will need the person’s full legal name, country of birth, and date of birth to search. If you cannot locate them through the online system, you can call the ICE detainee search hotline at 1-888-351-4024. Allow 24–48 hours after arrest for the system to update with their location.

Step 2: Contact an immigration attorney immediately. Time matters in detention cases. An attorney can appear on your loved one’s behalf, request a bond hearing before an immigration judge, and begin building a defense against removal.

Step 3: Do not provide information to federal agents without an attorney present. Family members and friends should not provide information to ICE or other federal agents about the detained person — or about other family members — without first speaking to a lawyer. You have the right to remain silent.

Step 4: Understand the bond process. If your loved one is not subject to mandatory detention, they may be eligible for a bond hearing before an immigration judge. Bond amounts in immigration cases can range from $1,500 to tens of thousands of dollars. An attorney can argue for a lower bond by presenting evidence of ties to the community, family relationships, employment history, and the absence of a criminal record.

Step 5: Know what your loved one can do inside the facility.

• They have the right to contact an attorney. Ask the facility for access to a phone and for a list of free legal service providers.
• They should not sign any documents — including voluntary departure or removal orders — without first speaking to an attorney.
• They should not waive their right to a hearing.
• They have the right to contact their country’s consulate.

Our office handles immigration detention cases and can move quickly when someone is detained. Please call us as soon as possible if your family member has been detained.

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Last reviewed: May 2026