If you’re applying for U.S. citizenship in 2026 or beyond, pay close attention. Every year, hundreds of applicants are denied citizenship because of three common mistakes—and they have nothing to do with failing the civics test.

In this video, I’ll explain exactly what those three mistakes are. These are serious issues that can cause a USCIS officer to stop your interview, close your case, and ultimately deny your citizenship application.

What are the requirements to apply for U.S. citizenship?

Generally, a green-card holder must meet these requirements:

1. Be at least 18 years old when filing Form N-400.
2. Have been a lawful permanent resident for at least 5 years. There is a separate 3-year rule for certain applicants who obtained their green card through marriage to a U.S. Citizen
3. Maintain continuous residence in the United States during the required 5-year or 3-year period. Long trips outside the U.S., especially trips of 6 months or longer, can create problems.
4. Be physically present in the United States for at least 30 months of the previous 5 years. Under the 3-year marriage rule, the requirement is generally at least 18 months.
5. Demonstrate good moral character. USCIS generally examines at least the statutory 5-year or 3-year period, although conduct from earlier periods can also be taken into account
6. Demonstrate basic English ability by speaking, reading, and writing English, unless you qualify for an age/residency or disability exception.
7. Pass the U.S. civics test, unless an exception applies. For N-400 applications filed on or after October 20, 2025, USCIS uses the 2025 naturalization civics test.

Top Three Common Mistakes Leading to Denial

Mistake #1: Continuous Residence & Physical Presence

One common reason citizenship applications are denied is that applicants fail to meet the continuous residence and physical presence requirements.

For most applicants applying under the 5-year rule, you generally must:

• Continuously reside in the United States for at least 5 years and
• Be physically present in the United States for at least 30 months during those 5 years.

If you are applying under the 3-year rule based on marriage to a U.S. citizen, you generally must:

• Continuously reside in the United States for at least 3 years and
• Be physically present in the United States for at least 18 months during those 3 years.

Trips of 6 Months or Longer May Create a Presumption That Continuous Residence Was Broken

Travel outside the United States can create problems. A trip lasting more than 6 months but less than 1 year may cause USCIS to automatically presume that you abandoned your permanent residency, in addition to failing to maintain continuous residence in the United States.

An absence of 1 year or more will generally break your continuous residence unless you qualify for a specific exception.

Before filing your N-400, carefully review your travel history and calculate how much time you actually spent inside the United States. Filing too early or failing to meet these requirements could result in your citizenship application being denied.

Example:

One of our clients, Mario, took a seven-month trip outside the United States. Because he continued to maintain his home in the U.S. and file his taxes, he did not expect the trip to affect his citizenship application. However, during his naturalization interview, the USCIS officer reviewed his travel history and determined that the lengthy absence had disrupted his continuous residence. As a result, Mario’s citizenship application was denied.

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How to Avoid This Mistake

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Carefully review the entry and exit stamps in every passport you have used for travel outside the United States. For each trip, compare your departure and return dates and calculate exactly how long you were outside the country.

If you are applying under the 5-year rule, review all international travel during the past five years. If you are applying based on 3 years of marriage to a U.S. citizen, review your travel during the past three years.

Finally, add up the total number of days you spent outside the United States to make sure you satisfy the continuous and physical presence requirement before filing your citizenship application.

PRO TIP: On the day of your naturalization interview, bring two printed copies of your travel history, neatly listing each trip you took outside the United States and the total number of days you spent abroad. Keep one copy for yourself and have another copy available for the USCIS officer. Being organized and prepared will be appreciated by the officer and allow your interview to proceed smoothly.

If any of your trips lasted more than six months, consider speaking with an immigration attorney before filing. You may need strong documentary evidence showing that you maintained your ties to the United States and did not disrupt your continuous residence, or you may need to wait until you meet the requirements before applying.

Mistake #2: Hiding/Forgetting Good Moral Character Issues

USCIS requires naturalization applicants to show good moral character.

In most cases, USCIS looks closely at your conduct during the last 5 years, or the last 3 years if you are applying based on marriage to a U.S. citizen. However, USCIS may also consider older conduct if it is relevant to your current character.

Potential issues may include:

• Arrests, citations, or criminal charges (even if they were dismissed)
• Certain criminal convictions (DUIs, shoplifting, domestic violence)
• Unpaid taxes
• Failure to support children or other dependents
• Failure to register for selective service
• Providing false information to immigration officials

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PRO TIP:  You should obtain certified copies of any arrest records, court dispositions, or other official case records related to any of these incidents. If you owe child support or taxes, obtain documentary evidence that you have a payment arrangement, and records of all payments you have made.

If you are a male who lived in the United States between the ages of 18 and 26 and failed to register for Selective Service when required, you should obtain a Status Information Letter from the Selective Service System before applying for citizenship.

Do not assume that an incident does not need to be disclosed simply because it happened many years ago or because the charges were dismissed or expunged.

During your citizenship interview, the officer will carefully review the information you have provided on Part 9 of your N-400 and ask questions about your criminal history to determine whether you have answered truthfully.

A common deadly mistake is minimizing these issues or assuming they will never come up during your citizenship interview.

Remember, naturalization applicants are required to undergo background and security checks as part of the application process. By the time you attend your interview, USCIS already has access to information from your FBI background check and other government records.

Do not assume that an old arrest, dismissed case, sealed record, or expunged conviction is automatically invisible to immigration authorities. If something in your past could affect your eligibility, disclose it properly and address it before filing rather than hoping it will not come up during the interview.

Mistake #3: Inconsistencies Between N-400 and Your Green Card File

One of the biggest mistakes applicants make is providing information on the N-400 citizenship application that does not match information previously provided to immigration authorities.

This is especially important today, as immigration agencies are increasingly using artificial intelligence and automated data-review tools, to compare information and identify potential inconsistencies.

During your naturalization interview, the USCIS officer will review your N-400 with you and ask questions about your immigration history and background.

Problems can arise when your answers conflict with information contained in previous immigration applications or government records, including:

• Your marriage or divorce history
• Previous addresses or employment
• International travel
• Prior arrests or immigration violations
• Information provided when you obtained your green card
• How you originally entered the United States or qualified for permanent residence

A simple mistake does not automatically mean your citizenship application will be denied. However, a significant inconsistency can cause the officer to investigate further which could lead to serious issues beyond a simple denial including findings of fraud, misrepresentation, or inability to establish good moral character.

Example: If you had children during your green card process but failed to disclose them on your green card application before becoming a permanent resident, that omission could later become a serious issue during naturalization. USCIS may question why the information was not disclosed and whether the omission affects your ability to establish good moral character.

Before filing your N-400, carefully review your entire immigration history and make sure your answers are complete, truthful, and consistent with all prior immigration filings. If you discover any inconsistencies after filing, address them as early as possible and provide supporting documentation to explain or correct the information before your naturalization interview.

The Bottom Line

A successful citizenship application starts with preparation. Review your travel, background, and prior immigration records carefully, correct any inconsistencies, and gather the documents you may need before your interview. Do not wait for USCIS to identify a problem that could be addressed early on.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• August Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the August 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of August, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the August 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of August?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

• EB-1 China will advance 1 month to July 1, 2023
• Except for India, all other countries will remain current

EB-1 India Visa Bulletin Note: High demand and number use by those chargeable to India in the EB-1 visa category may require making the category unavailable in the coming weeks

EB-2 Members of the Professions and Aliens of Exceptional Ability

• EB-2 India remains unavailable
• Except for China, all other countries will remain current

EB-2 Visa Bulletin Note: Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable in the coming months

EB-3 Professionals and Skilled Workers

• EB-3 China will advance 10 days to January 1, 2022
• Worldwide and Mexico will advance 1 month to September 1, 2024

EB-3 Other Workers

• EB-3 China will advance 1 month to May 1, 2019
• Worldwide, Mexico will advance 1 month to April 1, 2022

EB-4 Special Immigrants and Religious Workers

• All countries will advance 1 month to October 15, 2022

EB-5 Unreserved Categories (C5, T5, I5, and R5)

• EB-5 India remains unavailable

Dates for Filing Advancements

EB-3 Professionals and Skilled Workers

• EB-3 China will advance by 7 days to January 8, 2022

Family-Sponsored Categories

Final Action Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

• F1 Mexico will advance 3.3 weeks to December 1, 2007
• (Worldwide, China, and India) will advance 10.4 months to December 15, 2018

F-2A Spouses and Children of Permanent Residents

• F2A Mexico will advance by 1 year 6.7 months to July 22, 2025
• F2A All other countries will advance by 1 year 6.6 months to July 22, 2026

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

• F2B Philippines will advance by 2.4 weeks to June 1, 2013
• (Worldwide, China, India) will advance 1.3 months to January 1, 2018

F3 Married Sons and Daughters of U.S. Citizens 

• (Worldwide, China, India) will advance 1 month to May 15, 2012

F-4 Brothers and Sisters of Adult U.S. Citizens

• (Worldwide and China) will advance 8 months to September 1, 2009

Dates for Filing Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

• F1 Mexico will advance 2 months to December 1, 2008
• (Worldwide, China, India) will advance 5.4 months to June 15, 2019

F-2A Spouses and Children of Permanent Residents

• All countries will remain current

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents 

• (Worldwide, China, India) will advance 6.8 months to January 1, 2019

F3 Married Sons and Daughters of U.S. Citizens

• (Worldwide, China, India) will advance 2.7 months to March 1, 2013

F-4 Brothers and Sisters of Adult U.S. Citizens

• (Worldwide and China) will advance 3.7 months to June 22, 2010

Now let’s dive into our analysis

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

The following Final Action cutoff dates will apply for employment-based categories in the month of August.

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

• EB-1 China will advance 1 month to July 1, 2023
• EB-1 India will remain at October 15, 2022
• All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

• EB-2 India remains unavailable
• EB-2 China will remain at September 1, 2021
• All other countries (Worldwide, Mexico, Philippines) will remain current

EB-3 Professionals and Skilled Workers

• EB-3 India will remain at January 1, 2014
• EB-3 China will advance 10 days to January 1, 2022
• EB-3 Philippines will remain at August 1, 2023
• All other countries (Worldwide and Mexico) will advance 1 month to September 1, 2024

EB-3 Other Workers

• EB-3 India will remain at January 1, 2014
• EB-3 China will advance 1 month to May 1, 2019
• EB-3 Philippines will remain at December 1, 2021
• All other countries (Worldwide, Mexico) will advance 1 month to April 1, 2022

EB-4 Special Immigrants and Religious Workers

• All countries will advance 1 month to October 15, 2022

EB-5 Unreserved Categories (C5, T5, I5, and R5)

• EB-5 India remains unavailable
• EB-5 China will remain at December 1, 2016
• All other countries will remain current

EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure) will remain current

*The bold represents the Visa Bulletin advancements

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

The following Dates for Filing cutoff dates will apply in August.

*Except for EB-3 China, this chart remains unchanged since the May Visa Bulletin.

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

• EB-1 India and China will remain at December 1, 2023
• All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

• EB-2 India will remain at January 15, 2015
• EB-2 China will remain at January 1, 2022
• All other countries will remain current

EB-3 Professionals and Skilled Workers

• EB-3 India will remain at January 15, 2015
• EB-3 China will advance by 7 days to January 8, 2022
• EB-3 Philippines will remain at January 1, 2024
• All other countries (Worldwide and Mexico) will remain current

EB-3 Other Workers

• EB-3 India will remain at January 15, 2015
• EB-3 China will remain at October 1, 2019
• All other countries (Worldwide, Mexico, and Philippines) will remain at August 1, 2022

EB-4 Special Immigrants and Religious Workers

• EB-4 will remain at January 1, 2023

EB-5 Unreserved Categories (C5, T5, I5, and R5) 

• EB-5 India will remain at May 1, 2024
• EB-5 China will remain at March 1, 2017
• All other countries will remain current

EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure) will also remain current

*The bold represents the Visa Bulletin advancements

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The following Final Action cutoff dates will apply for family-sponsored categories in the month of August.

F-1 Unmarried Sons and Daughters of U.S. Citizens

• F1 Mexico will advance 3.3 weeks to December 1, 2007
• F1 Philippines will remain at May 1, 2013
• (Worldwide, China, and India) will advance 10.4 months to December 15, 2018

F-2A Spouses and Children of Permanent Residents

• F2A Mexico will advance by 1 year 6.7 months to July 22, 2025
• F2A All other countries will advance by 1 year 6.6 months to July 22, 2026

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

• F2B Mexico will remain at February 15, 2009
• F2B Philippines will advance by 2.4 weeks to June 1, 2013
• (Worldwide, China, India) will advance 1.3 months to January 1, 2018

F3 Married Sons and Daughters of U.S. Citizens 

• F3 Mexico will remain at June 1, 2001
• F3 Philippines will remain at February 22, 2006
• (Worldwide, China, India) will advance 1 month to May 15, 2012

F-4 Brothers and Sisters of Adult U.S. Citizens

• F4 Mexico will remain at April 8, 2001
• F4 Philippines will remain at August 1, 2007
• F4 India will remain at November 1, 2006
• (Worldwide and China) will advance 8 months to September 1, 2009

*The bold represents the Visa Bulletin advancements

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES

The following Dates for Filing cutoff dates will apply for family-sponsored categories in the month of August.

F-1 Unmarried Sons and Daughters of U.S. Citizens

• F1 Mexico will advance 2 months to December 1, 2008
• F1 Philippines will remain at April 22, 2015
• (Worldwide, China, India) will advance 5.4 months to June 15, 2019

F-2A Spouses and Children of Permanent Residents

• All countries will remain current

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents 

• F2B Mexico will remain at May 15, 2010
• F2B Philippines will remain at October 1, 2013
• (Worldwide, China, India) will advance 6.8 months to January 1, 2019

F3 Married Sons and Daughters of U.S. Citizens

• F3 Mexico will remain at July 15, 2001
• F3 Philippines will remain at August 8, 2006
• (Worldwide, China, India) will advance 2.7 months to March 1, 2013

F-4 Brothers and Sisters of Adult U.S. Citizens

• F4 Mexico will remain at April 30, 2001
• F4 Philippines will remain at March 22, 2008
• F4 India will remain at December 15, 2006
• (Worldwide and China) will advance 3.7 months to June 22, 2010

*The bold represents the Visa Bulletin advancements

Conclusion

The largest employment-based Final Action Date advancements are one month for EB-3 Worldwide and Mexico, EB-1 China, EB-3 Other Workers Worldwide, Mexico, and China, and all EB-4 countries. The employment-based Dates for Filing chart shows no significant advancement.

The largest Family-Sponsored Final Action Date movement is in F-2A, advancing approximately 18.6 months for most countries and 18.7 months for Mexico. Other major advancements include F-1 Worldwide, China, and India moving forward 10.4 months and F-4 Worldwide and China advancing eight months.

In the Family-Sponsored Dates for Filing chart, the largest movements are F-2B Worldwide, China, and India advancing 6.8 months and F-1 Worldwide, China, and India advancing 5.4 months.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• August Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there!

The U.S. government has announced major changes affecting certain foreign nationals who were previously admitted for “duration of status,” commonly listed as “D/S” on Form I-94. Instead of remaining in the United States for the duration of their authorized program or activity, affected individuals will be admitted for a fixed period of time, generally limited to four years.

The new rule will affect individuals currently in the United States, as well as those preparing to enter under the following visa classifications:

• F visa holders: International students and their dependents;
• J visa holders: Exchange visitors and their dependents; and
• I visa holders: Representatives of foreign information media and their dependents.

These changes may also affect how long individuals can remain in the United States and, for international students, their ability to pursue employment authorization after graduation. The rule is scheduled to take effect on September 15, 2026.

Old Rule

Under the previous rule, F, J, and I visa holders were generally admitted to the United States without a specific departure date on Form I-94. Instead, their Form I-94 displayed “D/S,” which stands for “Duration of Status.”

This allowed them to remain in the United States for as long as they continued to follow the requirements of their visa category. For example, an F-1 student could remain while maintaining a full course of study, and a J-1 exchange visitor could remain while participating in an authorized exchange program.

For students, duration of status could also include authorized practical training and any applicable grace period after completing their program. However, D/S did not allow someone to remain in the United States indefinitely. A person who failed to maintain status could lose their authorization to stay.

Duration of status was also separate from the expiration date printed on the visa stamp. The Form I-20 Certificate of Eligibility for Nonimmigrant Student Status or DS-2019, rather than the visa itself, determined how long the person was authorized to remain in the United States.

New Rule

Under the new rule, you will be admitted until the program end date listed on your Form I-20 or DS-2019, but your authorized stay cannot exceed four years. In other words, a four-year limit applies even if your academic or exchange program is longer.

The grace periods will also be reduced from 60 days to 30 days. This means you may enter the United States up to 30 days before your program begins and you must depart within 30 days after it ends. These grace periods will not count toward the four-year limit.

Example: Suppose Matteus is a Ph.D. student enrolled in a five-year program. When he enters the United States, his Form I-94 is issued for four years. As the end of that four-year period approaches, Matteus realizes that he needs one additional year to finish his thesis or dissertation.

Under the new rule, Matteus will need to file Form I-539 with USCIS to request an extension of stay before his authorized period expires. Under the old rule, he could extend the program end date on his Form I-20 without filing Form I-539.

This means that if Matteus needs to study for more than four years, he will have to file Form I-539, pay the $470 filing fee, and wait six to eight months for USCIS to process the application. Because of this lengthy processing time, Matteus would need to apply well before his authorized stay expires.

It is also important to note that applicants cannot travel internationally while a Form I-539 extension is pending with USCIS. Departing the United States during this period is considered an abandonment of the application.

Grace Period Reduced from 60 to 30 days

The new rule also reduces the grace period for F and J visa holders from 60 days to 30 days. This means students and exchange visitors will generally have only 30 days after completing their program or authorized practical training to leave the United States, transfer to another program, or take another permitted action to maintain lawful status. Because the available time will be cut in half, individuals will need to begin planning their next steps well before their program ends.

Dependents

F-2 and J-2 dependents are generally tied to the principal visa holder’s authorized period of stay. However, the new rule creates complications for family members. For example, suppose a family of four and one of you will have a shorter duration of stay on their visa, for whatever reason, maybe because their passport is going to expire sooner than the rest of the family members.

In that situation, the entire family unit is going to get the shorter duration like that family member with the shortest amount of time. Families will therefore need to plan carefully and closely monitor the expiration dates of each person’s passport and immigration documents when determining the best strategy for extending or maintaining status in the U.S.

Why Was This Rule Adopted?

The government says the rule is intended to strengthen national security, reduce visa overstays, and prevent misuse of the student visa program. However, the changes may also discourage some international students from studying in the United States because certain benefits and flexibilities available under the previous system will no longer apply.

What should you do today?

Start by reviewing your Form I-94 and Form I-20 or DS-2019 to confirm your current period of authorized stay. Create a master calendar that tracks every entry into the United States, including your admission dates and I-94 expiration dates.

If your academic or exchange program is expected to last more than four years, begin preparing any required extension request at least six to eight months in advance. Students planning to work through OPT should also begin their job search early so they have enough time to secure qualifying employment and, when necessary, find an employer willing to sponsor them before their work authorization expires.

Individuals currently in the United States who were admitted for duration of status will receive transitional relief allowing them to remain for up to four years from the rule’s effective date without having to file an extension. However, traveling outside the United States and returning after the new rule takes effect may subject you to the new restrictions. For that reason, before traveling internationally, carefully review how reentry could affect your status with an experienced immigration attorney.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• August Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

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Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there!

The U.S. Department of State has launched a temporary program that allows certain business visitors and tourist visa applicants to pay an additional $750 for a faster U.S. visa interview appointment at select Embassies and Consulates.

The program began on July 1, 2026, and is scheduled to remain in effect through December 31, 2026.

Who Can Use the Program?

The expedited option is limited to applicants seeking:

• B-1 visas for temporary business travel;
• B-2 visas for tourism or personal visits; or
• Combined B-1/B-2 visas.

It is available only at selected U.S. embassies and consulates and only when expedited appointments are available.

What Does the $750 Fee Provide?

Applicants who use the service may schedule an interview within 10 business days after paying the expedited appointment fee.

However, the $750 is charged in addition to the standard $185 visitor visa application fee, bringing the total cost to $935.

To request the faster appointment, an applicant must first:

• Submit Form DS-160 Online Nonimmigrant Visa Application
• Pay the standard visa application fee
• Schedule a regular interview appointment and
• Select and pay for an available expedited appointment.

Unlike traditional emergency appointment requests, applicants do not need to provide a written explanation showing urgent travel.

Does Paying $750 Guarantee a Visa?

No. The fee only provides access to an earlier B-1/B-2 visa interview appointment.

Applicants must still complete the regular interview, security checks, and eligibility review. The service does not speed up administrative processing and does not guarantee that a visa will be approved.

Expedited appointments are limited, so paying applicants are not guaranteed that an appointment will be available. Applicants who cancel or fail to attend the expedited interview will lose the $750 fee.

The Bottom Line

The new program does not allow applicants to pay for visa approval. It allows eligible B-1 and B-2 applicants at participating Consulates to pay $750 for a chance to obtain an interview within 10 business days. Travelers should confirm that the service is available at their selected embassy or consulate before relying on it for urgent travel.

For more information please contact your Embassy or Consulate directly.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• July Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there!

Is your case stuck at the National Visa Center with no interview in sight? You are not alone. Thousands of applicants are waiting months—or even years—for their visa interviews to be scheduled. The good news is that you may have options. In this video, we discuss three proven strategies that could help push your NVC case forward.

Why are so many cases stuck at the National Visa Center for months—or even years?

The problem is a perfect storm of overwhelming case volume, limited availability of interview appointments, staffing shortages, and delays at U.S. consulates worldwide.

Even after a case is documentarily complete and ready to move forward, it can remain at the NVC for months—or longer—until the appropriate embassy has an available interview slot.

Sweeping visa restrictions have made the backlogs even worse. The Trump administration has fully or partially restricted entry and visa issuance for nationals of 39 countries, while immigrant visa issuance has been separately paused for nationals of 75 countries.

Although U.S. embassies may remain open and continue scheduling some interviews, affected visas generally cannot be issued while these restrictions remain in place.

The result is thousands of applicants left in limbo, with no clear timeline and little information about when their cases will finally move forward.

Three Proven Strategies to help your case move forward

#1: The Document Perfection System

The fastest way to prevent unnecessary NVC delays is to submit a complete, accurate, and well-organized package from day one. This includes providing all required civil documents, financial records, and accurate information on applications such as the DS-260. Even one missing document or incomplete answer can delay your case for months.

Many NVC cases stall because of missing tax returns, incomplete Affidavits of Support, missing joint-sponsor documents, or documents that do not meet NVC requirements. Be sure to use the current checklist in your CEAC portal and follow instructions carefully.

For those being sponsored by qualifying family-members your affidavit of support and financial evidence should be reviewed by an experienced immigration attorney, especially when a joint sponsor is involved. Your attorney can quickly identify and correct any mistakes before they trigger a request for additional documentation.

Submit clear, readable PDF copies—never blurry or incomplete scans—and include a detailed cover letter identifying every document in your submission. A well-prepared package makes it easier for the NVC officer to review your case. In some of our clients’ cases, this approach has helped them become documentarily qualified in as little as 18 days.

#2: Expedite Requests That Actually Work

An NVC expedite request asks the government to move a case ahead of the normal processing timeline because of urgent or exceptional circumstances.

Many applicants never pursue an expedite request, even when they qualify. The reality is that expedite requests can work when the circumstances are compelling and the request is supported by strong, well-documented evidence. However, please be aware that if a visa is not available (because your priority date is not current), unfortunately there is nothing that NVC can do to expedite your visa.

Strong reasons for submitting an expedite request include severe financial hardship to the U.S. citizen petitioner caused by prolonged family separation, serious medical emergencies, significant mental health challenges (PTSD, major depression, etc.), disabilities, or situations in which the immigrant spouse or relative is urgently needed in the United States to provide essential care and support to the U.S. Citizen relative.

You may also qualify for expedited processing if your employment serves the national interest or involves work in a sector considered critical to the U.S. government. Examples may include physicians, nurses, and other healthcare professionals addressing critical shortages, defense contractors, and researchers supporting urgent U.S. government projects.

Every request must be supported by detailed evidence showing why the case cannot wait for regular processing.

Supporting evidence—such as psychological evaluations, relevant medical records, employment letters, and detailed personal statements—can significantly strengthen an expedite request and improve its chances of approval.

How to Expedite

To request a review for expedite, submit a scanned letter (or statement) to NVCExpedite@state.gov from a physician (or medical facility). The letter must include the physician’s (or medical facility’s) contact information and explain the urgent situation.

Be sure to include your case or receipt number on the subject line along with at least one of the of the following:

• Petitioner’s name and date of birth
• Beneficiary’s name and date of birth
• Invoice ID number

#3: Follow Up Regularly

Once your case is documentarily complete and your priority date is current, closely monitor the State Department or Embassy website for updates on immigrant visa interview availability. You must also contact the NVC through its Public Inquiry Form on a monthly basis to request status updates and confirm whether interview appointments are being released.

Follow up consistently to make sure your case remains active and to catch any new developments quickly. You may also ask your congressional representative to submit an inquiry to the NVC on your behalf, which can help bring additional attention to a delayed case.

 #4 Last Resort Mandamus Lawsuit

When every other option has failed and your case has been unreasonably delayed, a mandamus lawsuit may be the final step. This is a federal lawsuit asking a court to require the government to take action on a case left pending for too long. It cannot guarantee approval or force the government to reach a favorable decision, but it may compel the agency to finally review and decide the case. Because mandamus litigation is complex and not appropriate for every situation, consult an experienced immigration attorney before filing.

Bottom Line

Delays at the NVC can be frustrating, but you may have options. A complete document package, a well-supported expedite request, and consistent follow-up can help move your case forward. When delays become unreasonable and all other efforts fail, a mandamus lawsuit may be considered as a last resort. Every case is different, seek experienced legal guidance before deciding which strategy is right for you.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• July Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

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Imagine you are a green card holder planning summer travel with your family. You take your vacation, enjoy your trip, and return to the United States expecting to come home. But at the port of entry, CBP sends you to secondary inspection.

You have no criminal convictions. You only have pending charges — allegations that have not yet been proven. Still, CBP officers do not immediately allow you back into the country. Suddenly, your ability to reenter the United States is uncertain.

This is not science fiction. This is the reality created by a new Supreme Court decision that could make international travel riskier and more complicated for green card holders returning to the United States.

New Court Decision

That scenario is exactly why the Supreme Court’s decision in Blanche v. Lau matters. In that case, the Court held that a green card holder returning from international travel may face serious problems at the airport based on certain pending or alleged criminal conduct, even before there is a conviction.

The ruling does not mean that every pending charge will automatically result in denial of entry. However, it gives CBP and DHS more authority to treat certain returning green card holders as applicants seeking admission for the first time, rather than lawful permanent residents simply coming back home.

Before Lau

Before Blanche v. Lau, a lawful permanent resident generally had the right to return to the United States after temporary travel abroad, especially for trips under one year. In most cases, a green card holder only needed to answer questions confirming their identity and permanent resident status.

However, that right was not absolute. Immigration law has long allowed CBP to treat a green card holder as an “applicant for admission” in certain situations.

For example, this can happen if the person abandoned their permanent resident status, stayed outside the United States for more than 180 days, engaged in illegal activity after leaving the country, left while in removal proceedings, or committed certain criminal offenses, such as crimes involving moral turpitude, controlled substance violations, or multiple convictions.

What Changed After Lau

The Supreme Court’s decision in Blanche v. Lau makes these exceptions even more important. The Court held that CBP does not need clear and convincing evidence at the border before treating a returning green card holder as an applicant for admission based on certain alleged criminal conduct.

In other words, a green card holder may face serious problems when returning to the United States based on alleged criminal conduct, even before there is a conviction. The Court also allowed the government to treat an LPR as seeking admission based on having “committed” certain crimes, even if the conviction occurs later.

Before You Travel: Resolve Criminal Issues First

If you have an open criminal matter that could later qualify as a crime involving moral turpitude, you should be very careful before traveling internationally. This may include charges involving fraud, misrepresentation, tax evasion, or any other offense that could raise moral turpitude concerns.

Even without a conviction, international travel may create risk if there is a possibility that the case could later result in a conviction. Once the criminal matter is resolved, you may be in a better position to travel with the proper documents showing exactly how the case was handled and whether it resulted in a conviction, dismissal, or other outcome.

Protect Yourself After Secondary Inspection

If you are sent to secondary inspection, keep a record of everything you receive from CBP. Save all paperwork, take screenshots of any digital documents, and keep copies of anything you sign. You should also write down what the CBP officer asked you, how you responded, and whether you were admitted, paroled, or given any other classification at entry.

This matters because being given the wrong classification at the port of entry can create serious immigration consequences later.

The Bottom Line

If you have any criminal history or current issue with law enforcement and you are a green card holder, speak with an immigration attorney before traveling abroad. This includes pending charges, not just convictions.

Consulting with an attorney before you travel can help you understand the risks and avoid unexpected problems when trying to reenter the United States.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• July Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
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• ICE Immigration Detention Facilities
• USCIS Processing Times
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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the July 2026 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories next month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of July, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

   Highlights of the July 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of July?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

• EB-1 China will advance 2 months to July 1, 2023
• EB-1 India will retrogress 2 months to October 15, 2022

EB-2 Members of the Professions and Aliens of Exceptional Ability

• EB-2 India will be unavailable

EB-3 Professionals and Skilled Workers

• EB-3 India will advance 2.4 weeks to January 1, 2014
• EB-3 China will advance 4.7 months to December 22, 2021
• (Worldwide and Mexico) will advance 2 months to August 1, 2024

EB-3 Other Workers

• EB-3 India will advance 2.4 weeks to January 1, 2014
• EB-3 Philippines will advance 1 month to December 1, 2021
• (Worldwide, Mexico) will advance 1 month to March 1, 2022

EB-4 Special Immigrants and Religious Workers

• All countries will advance 2 months to September 15, 2022

EB-5 Unreserved Categories (C5, T5, I5, and R5)

• EB-5 India is unavailable
• EB-5 China will advance 2.3 months to December 1, 2016

Dates for Filing Advancements

• No movement since May

Family-Sponsored Categories

Final Action Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

• F1 (Worldwide, China, and India) will advance 5 months to February 1, 2018

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

• F2B Philippines will advance by 1.2 months to May 15, 2013
• (Worldwide, China, India) will advance 2 months to November 22, 2017

F3 Married Sons and Daughters of U.S. Citizens 

• F3 Mexico will advance 1 month to June 1, 2001
• F3 Philippines will advance 3 months to February 22, 2006
• (Worldwide, China, India) will advance 2 months to April 15, 2012

F-4 Brothers and Sisters of Adult U.S. Citizens

• F4 Philippines will advance 2.4 weeks to August 1, 2007
• (Worldwide and China) will advance 1.8 months to January 1, 2009

Dates for Filing Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

• F1 (Worldwide, China, India) will advance 3 months to January 1, 2019

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents 

• F2B (Worldwide, China, India) will advance 2.6 months to June 8, 2018

F-4 Brothers and Sisters of Adult U.S. Citizens

• F4 (Worldwide and China) will advance 2.3 months to March 1, 2010

Now let’s dive into our analysis.

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

The following Final Action cutoff dates will apply for employment-based categories in the month of July.

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

• EB-1 China will advance 2 months to July 1, 2023
• EB-1 India will retrogress 2 months to October 15, 2022
• All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

• EB-2 India will be unavailable
• EB-2 China will remain at September 1, 2021
• All other countries (Worldwide, Mexico, Philippines) will remain current

EB-3 Professionals and Skilled Workers

• EB-3 India will advance 2.4 weeks to January 1, 2014
• EB-3 China will advance 4.7 months to December 22, 2021
• EB-3 Philippines will remain at August 1, 2023
• All other countries (Worldwide and Mexico) will advance 2 months to August 1, 2024

EB-3 Other Workers

• EB-3 India will advance 2.4 weeks to January 1, 2014
• EB-3 China will remain at April 1, 2019
• EB-3 Philippines will advance 1 month to December 1, 2021
• All other countries (Worldwide, Mexico) will advance 1 month to March 1, 2022

EB-4 Special Immigrants and Religious Workers

• All countries will advance 2 months to September 15, 2022

EB-5 Unreserved Categories (C5, T5, I5, and R5)

• EB-5 India is unavailable
• EB-5 China will advance 2.3 months to December 1, 2016
• All other countries will remain current

EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure) will remain current

*The bold represents the Visa Bulletin advancements

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

The following Dates for Filing cutoff dates will apply in July.

*Note the chart remains unchanged since the May Visa Bulletin.

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

• EB-1 India and China will remain at December 1, 2023
• All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

• EB-2 India will remain at January 15, 2015
• EB-2 China will remain at January 1, 2022
• All other countries will remain current

EB-3 Professionals and Skilled Workers

• EB-3 India will remain at January 15, 2015
• EB-3 China will remain at January 1, 2022
• EB-3 Philippines will remain at January 1, 2024
• All other countries (Worldwide and Mexico) will remain current

EB-3 Other Workers

• EB-3 India will remain at January 15, 2015
• EB-3 China will remain at October 1, 2019
• All other countries (Worldwide, Mexico, and Philippines) will remain at August 1, 2022

EB-4 Special Immigrants and Religious Workers

• EB-4 will remain at January 1, 2023

EB-5 Unreserved Categories (C5, T5, I5, and R5) 

• EB-5 India will remain at May 1, 2024
• EB-5 China will remain at March 1, 2017
• All other countries will remain current

EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure) will also remain current

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The following Final Action cutoff dates will apply for family-sponsored categories in the month of July.

F-1 Unmarried Sons and Daughters of U.S. Citizens

• F1 Mexico will remain at November 8, 2007
• F1 Philippines will remain at May 1, 2013
• (Worldwide, China, and India) will advance 5 months to February 1, 2018

F-2A Spouses and Children of Permanent Residents

• F2A Mexico will remain at January 1, 2024
• F2A All other countries will remain at January 1, 2025

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

• F2B Mexico will remain at February 15, 2009
• F2B Philippines will advance by 1.2 months to May 15, 2013
• (Worldwide, China, India) will advance 2 months to November 22, 2017

F3 Married Sons and Daughters of U.S. Citizens 

• F3 Mexico will advance 1 month to June 1, 2001
• F3 Philippines will advance 3 months to February 22, 2006
• (Worldwide, China, India) will advance 2 months to April 15, 2012

F-4 Brothers and Sisters of Adult U.S. Citizens

• F4 Mexico will remain at April 8, 2001
• F4 Philippines will advance 2.4 weeks to August 1, 2007
• F4 India will remain at November 1, 2006
• (Worldwide and China) will advance 1.8 months to January 1, 2009

*The bold represents the Visa Bulletin advancements

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES

The following Dates for Filing cutoff dates will apply for family-sponsored categories in the month of July.

F-1 Unmarried Sons and Daughters of U.S. Citizens

• F1 Mexico will remain at October 1, 2008
• F1 Philippines will remain at April 22, 2015
• (Worldwide, China, India) will advance 3 months to January 1, 2019

F-2A Spouses and Children of Permanent Residents

• All countries will remain current

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents 

• F2B Mexico will remain at May 15, 2010
• F2B Philippines will remain at October 1, 2013
• (Worldwide, China, India) will advance 2.6 months to June 8, 2018

F3 Married Sons and Daughters of U.S. Citizens

• F3 Mexico will remain at July 15, 2001
• F3 Philippines will remain at August 8, 2006
• (Worldwide, China, India) will remain at December 8, 2012

F-4 Brothers and Sisters of Adult U.S. Citizens

• F4 Mexico will remain at April 30, 2001
• F4 Philippines will remain at March 22, 2008
• F4 India will remain at December 15, 2006
• (Worldwide and China) will advance 2.3 months to March 1, 2010

*The bold represents the Visa Bulletin advancements

Conclusion

In the employment-based dates for filing chart there has been no movement since the May visa Bulletin. In the final action chart, EB-1 India has retrogressed by 2 months to October 15, 2022, EB-2 and EB-5 Unreserved India have become unavailable. The rest of the employment-based categories will experience moderate movement.

In the family-sponsored dates for filing chart, F1 Worldwide, China, and India will advance 3 months to January 1, 2019, F2B Worldwide, China, India, will advance 2.6 months to June 8, 2018, and F4 Worldwide and China will advance 2.3 months to March 1, 2010.

In the final action chart, most family-sponsored categories will experience moderate movement except for F1 Mexico and Philippines, F2A, F2B Mexico, F4 Mexico, and F4 India.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• July Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

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The new USCIS memo is finally showing its true colors.

Imagine coming to the U.S. legally, spending years doing everything right, and finally applying for your green card—only to be denied at the interview. Not because you are ineligible, but because a USCIS officer used the new USCIS memo to deny your case as a matter of discretion.

That’s exactly what happened in Michael’s case.

Real-Life Example: Green Card Denied Under the New USCIS Memo

Michael came to the United States legally 15 years ago on an F-1 student visa. Like many international students, he had plans to study, build a future, and follow the rules.

But life got difficult. Due to financial hardship and mental health struggles, Michael was unable to finish school. As a result, he fell out of F-1 status. To survive, he worked for a short period without authorization.

Years later, Michael married a U.S. citizen and applied for his green card through marriage.

At his green card interview, USCIS did not question whether their marriage was real. The problem was something else.

The officer told Michael that his green card would be denied under the new USCIS memo—not because he lacked eligibility through marriage, but because of the officer’s discretionary review of his past immigration violations.

USCIS pointed to three main issues:

1. Michael abandoned his student status
2. He overstayed after falling out of F-1 status and
3. He worked without authorization

Under the “totality of the circumstances” test described in the new memo, the officer concluded that these violations weighed against approving his adjustment of status application inside the U.S.

Because of this, Michael was told he needs to depart the U.S. and apply for an immigrant visa at the U.S. Consulate in his home country. However, leaving the U.S. after overstaying a visa can have serious consequences, including a possible bar on re-entry.

Michael’s case demonstrates how a person can have a real marriage, a qualifying U.S. citizen spouse, and years of life in the United States, but still face denial because USCIS chooses to use past immigration violations against them.

What the New USCIS Memo Says

The new USCIS memo states that temporary visa holders seeking green cards are generally expected to pursue immigrant visa processing abroad, typically through a U.S. consulate or embassy in their home country.

At the same time, adjustment of status remains available as a discretionary pathway for eligible applicants who wish to apply for a green card from within the United States.

Under the memo, USCIS officers will review each case under a “totality of the circumstances” test, weighing both positive and negative factors before deciding whether the application should be approved. The following factors may weigh against approval and require an applicant to apply from abroad:

1. Violations of immigration laws or conditions of immigration status held by the applicant
2. Current or previous instances of fraud
3. False testimony in dealings with USCIS or any government agency
4. Whether an alien’s application for admission or parole violated the laws in place at the time the violation occurred
5. Any conduct of the alien after admission as a nonimmigrant or parolee that is inconsistent with the purpose of that nonimmigrant status or parole or with representations made to consular or DHS officers when applying for a visa, admission, or parole

Top Cities Where Applicants Are Feeling Its Impact

Applicants in several major cities are beginning to feel the impact of the new USCIS memo, particularly in areas with high volumes of adjustment of status filings. Cities such as Hartford, Connecticut; Chicago, Illinois; Phoenix, Arizona; Miami, Florida; and Houston, Texas are among the locations where applicants may face closer scrutiny under the memo’s discretionary review standard.

In these cities, USCIS officers may place greater emphasis on past immigration violations, overstays, unauthorized employment, or conduct inconsistent with a prior visa status when deciding whether to approve a green card application. For many applicants, this means that even if they are otherwise eligible, their full immigration history may play a larger role in the final decision.

Options After Denial

Applicants denied under the new USCIS memo guidelines should speak with an experienced immigration attorney right away to determine whether the case can be saved through a motion to reopen, or by refiling with stronger evidence and legal arguments.

For applicants with a complex immigration history, consular processing may appear to be the wiser option given the increased scrutiny being applied to adjustment of status cases. However, before making any decision to leave the United States, it is critical to speak with an attorney to carefully review the risks and potential legal consequences of departing.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• July Visa Bulletin
• June Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
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• Success stories
• Youtube channel 

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Good news for thousands of immigrants whose cases have been stuck in limbo: USCIS has resumed processing green card applications for nationals from 39 countries after a federal court ordered the agency to stop enforcing policies that had frozen thousands of cases.

For months, affected applicants faced uncertainty as green card applications, work permits, naturalization requests, and other immigration benefits remained stalled. Now, those cases are moving forward again.

But before anyone celebrates too soon, there’s a catch.

The federal government has already appealed the court’s ruling, meaning this legal battle is far from over. While USCIS is currently required to process these applications, future court decisions could change the landscape once again.

It’s also important to understand what this ruling does—and does not—do. The court ordered USCIS to resume adjudicating cases, but it did not order the agency to approve them. Applicants must still meet all eligibility requirements under U.S. immigration law.

For individuals and families who have spent months waiting for updates, this decision offers a long-awaited opportunity to move their cases forward. Employers may also begin seeing progress on petitions and applications that were previously stalled.

How did this start: The 39-country immigration processing pause began in late 2025 when the Trump administration directed USCIS to implement enhanced vetting measures for nationals from designated countries following national security concerns.

USCIS then suspended the processing of certain immigration benefits, including green card applications, work permits, naturalization applications, and some asylum cases, for nationals of 39 countries.

The Bottom Line

Applications are moving again, but uncertainty remains. If you are from one of the affected countries and have a pending case with USCIS, now is the time to monitor your case closely and stay informed as the appeal moves through the courts.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• June Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

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On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, signaling a major change in how green card applications filed inside the United States (known as Adjustment of Status) may be reviewed. The memo emphasizes that Adjustment of Status (AOS) is not an automatic benefit, even when an applicant meets all legal eligibility requirements.

Instead, USCIS officers are instructed to conduct a broader discretionary review known as a “totality of the circumstances” evaluation to consider whether the applicant should complete the immigrant visa process abroad through a U.S. consulate instead.

The policy effectively shifts AOS from being viewed as a routine pathway for eligible applicants to being treated as an “extraordinary” discretionary form of relief.

What’s changed: USCIS officers are directed to weigh both positive and negative factors on a case-by-case basis when deciding whether to approve a green card application.

The memo will lead to increased scrutiny at green card interviews, and the issuance of more requests for evidence. Certain applicants may even be forced to pursue consular processing abroad rather than adjusting status from within the United States.

Who is Not Impacted

If you are applying for adjustment of status under one of the following classifications, you are generally not impacted by these changes:

• Refugees
• NACARA applicants
• VAWA
• U visa
• T visa
• Asylum
• Special Juvenile Immigrant
• Employment-based fourth preference immigrant visa

Discretionary Factors in Adjustment of Status Determinations

When evaluating an adjustment of status application, USCIS officers may consider a variety of discretionary factors, including the applicant’s family ties in the United States, the potential hardship that a denial may cause to close family members such as a spouse or children, the applicant’s immigration history, moral character, and other relevant circumstances.

Factors that may weigh against a favorable exercise of discretion include immigration status violations, fraud or misrepresentation, false statements to immigration or other government officials, prior violations of immigration laws, failure to depart the United States upon the expiration of authorized stay and conduct inconsistent with the stated purpose of entering or remaining in the country.

Bottom line

Meeting the statutory requirements for a green card may no longer be enough by itself. USCIS has instructed officers to apply increased discretion and may more frequently favor consular processing over adjustment of status.

A green card application that may have been considered strong in the past could now require more extensive supporting evidence, including documentation of community involvement, compliance with the law, and other materials demonstrating the applicant’s positive contributions and favorable equities.

Accordingly, it is more important than ever for applicants to work with an immigration attorney when preparing their green card applications.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

• June Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there!