The USCIS backlog continues to grow, with more than 12.8 million immigration cases currently pending. This growing backlog affects applicants across nearly every immigration category, including adjustment of status, naturalization, employment authorization, extensions of stay, and changes of status.

With processing delays expected to continue, many applicants are left wondering what they can do to move their cases forward. In this video, we provide a practical, step-by-step survival guide to navigating USCIS delays and exploring the options available when your case is stuck.

We will cover:

• Premium Processing: When does it make sense to pay for faster processing, and which applications qualify?
• Expedite Requests: What are the realistic eligibility criteria, and when should you request expedited processing?
• Congressional Assistance: When should you contact your congressional representative for help with a delayed case?
• Writ of Mandamus: When other options have failed, when should you consider filing a federal lawsuit to compel the government to act on your case?

Our goal is to provide a realistic assessment of the USCIS backlog and actionable guidance to help you understand your options, overcome unnecessary delays, and take meaningful steps toward moving your immigration case forward.

Why Is the USCIS Backlog Happening?

According to USCIS data released for the third quarter of fiscal year 2026, ending June 30, 2026, more than 12.8 million immigration cases were pending.

Despite an increase in USCIS officers, the agency has experienced a sharp decline in case completions and continues to struggle to keep up with its growing workload.

Let’s look at N-400 naturalization applications as an example.

The backlog of pending citizenship applications has now reached approximately 800,000 cases. Currently, the average processing time for an N-400 application is approximately 12.7 months in many locations.

While some applicants are still receiving their interview appointments within six months, these faster timelines are not necessarily representative of the average applicant’s experience.

The reality is that processing times vary significantly, and applicants should be prepared for potentially longer delays as USCIS continues to work through its growing backlog.

Looking at the Numbers: Current USCIS Processing Times

Current USCIS processing times vary by application type and location:

• N-400 (Naturalization): 12.7 months on average
• I-751 (Removal of Conditions): 32 months
• I-130 (Family-Based Petition): 14–22 months
• I-485 (Employment-Based Adjustment of Status): Approximately 9.5 months
• I-485 (Family-Based Adjustment of Status): 14–22 months
• I-140 (Immigrant Petition for Alien Workers): Approximately 4–6 months
• I-765 (Employment Authorization/Work Permits): Over 12 months

N-400 Processing Times by Location

• California: 14 months
• Phoenix: 6 months
• Nebraska: 13 months
• Texas: 9.5 months
• New York: 15 months

These figures highlight significant differences in processing times depending on the application type and the USCIS office handling the case.

Applicants should regularly check the USCIS Processing Times website for the most current estimates. If a case exceeds the posted processing time, applicants should contact USCIS directly to inquire about the delay and request an update on their case.

Premium Processing: Who Is Eligible, and When Is It Worth the Cost?

Premium processing allows eligible applicants and petitioners to pay an additional fee for expedited USCIS processing.

Which applications qualify?

• Form I-129 (Nonimmigrant Workers): Most petitions, including H-1B, O-1, and TN classifications.
• Form I-140 (Immigrant Workers): Most employment-based petitions, including EB-2, EB-3, and National Interest Waivers (NIW).
• Form I-765 (Employment Authorization): Certain applications, including OPT and STEM OPT extensions.
• Form I-539 (Change of Status): Certain eligible change-of-status applications.

Premium Processing Fees and Timelines

As of the recording of this video, the premium processing fee is $2,965 for most eligible I-129 and I-140 petitions. Fees for eligible I-765 and I-539 applications are lower.

USCIS guarantees action within the following timeframes:

• 15 business days: Most eligible I-129 and I-140 petitions.
• 30 business days: Eligible I-765 applications and certain I-539 change-of-status applications.
• 45 business days: Certain I-140 petitions, including National Interest Waivers (NIW) and multinational executives and managers.

When Is Premium Processing Worth It?

Premium processing may be worth the additional cost when applicants face employment deadlines, time-sensitive immigration needs, or significant delays. It may also be a strategic option when an applicant’s priority date is current or expected to become current soon.

Before requesting premium processing, make sure your case is well-prepared and supported by strong evidence. This is particularly important for EB-2 National Interest Waiver (NIW) petitions. If your case is weak or lacks sufficient supporting documentation, premium processing may simply result in a faster Request for Evidence (RFE) or denial. Premium processing does not increase your chances of approval, it only accelerates USCIS review.

USCIS may issue an approval, denial, request for evidence, or other qualifying action within the applicable processing period.

When to Skip Premium Processing

Premium processing may not be necessary or worth the additional cost in the following situations:

• Priority Date Is Years Away: If your priority date is not expected to become current for several years, faster petition approval may offer little immediate benefit.
• Weak or Incomplete Case: Premium processing will not improve your chances of approval and may simply result in a faster Request for Evidence (RFE) or denial.
• Cap-Subject Petitions: If your petition is subject to an annual visa cap and faster approval will not change your eligibility or timeline, premium processing may offer limited benefits.
• Regular Processing Is Sufficient: If standard processing times already meet your needs, there may be no reason to pay extra to upgrade to premium processing.

Expedite Requests: What Are the Eligibility Criteria?

An expedite request is a formal request asking USCIS to prioritize an immigration application or petition due to urgent or exceptional circumstances. Unlike premium processing, expedite requests do not require an additional filing fee and are reviewed on a case-by-case basis.

USCIS may consider an expedite request based on the following criteria:

1. Severe Financial Loss: Significant financial hardship to an individual or company, provided the urgency was not caused by the applicant’s failure to timely file or respond to USCIS requests.
2. Emergencies or Urgent Humanitarian Situations: Circumstances involving medical emergencies, serious illness, or other urgent humanitarian needs.
3. Nonprofit Organizations: Requests from IRS-designated nonprofit organizations whose activities further the cultural or social interests of the United States.
4. Government Interests: Cases involving urgent government priorities, including public safety, national security, or other significant government interests.

Important: Expedite requests are discretionary and generally require supporting documentation demonstrating the urgency of the situation. Meeting one of these criteria does not guarantee approval.

Writ of Mandamus: When Should You Consider Filing a Lawsuit?

When other options have failed, a writ of mandamus may be an option. This is a federal lawsuit asking a court to compel the government to take action on an immigration case that has been unreasonably delayed.

A mandamus lawsuit does not guarantee approval. Its purpose is to compel the government to act, which may result in an approval or denial.

Several factors should be evaluated:

1. Length of Delay: Has your case exceeded normal USCIS processing times? Delays of 19–20 months or longer may warrant consideration, depending on the application type and circumstances.
2. Prior Attempts to Resolve the Delay: Have you explored less costly options, such as USCIS inquiries, expedite requests, or congressional assistance?
3. Concrete Harm: Can you demonstrate how the delay has affected you, such as loss of employment, financial hardship, or disruption to your livelihood?
4. Strength of the Case: Is your application well-supported, with a reasonable likelihood of approval?
5. Reasonableness of the Delay: Is the government taking an unreasonable amount of time to act, considering the circumstances and applicable legal standards?

Key Point: A mandamus lawsuit does not strengthen a weak immigration case. If your application has significant deficiencies, forcing a decision could result in a denial. Mandamus is generally most beneficial when the underlying case is strong, and the primary obstacle is an unreasonable government delay.

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The bottom line

USCIS delays can be frustrating, but applicants have options to move their cases forward. Whether through premium processing, expedite requests, congressional assistance, or a writ of mandamus, the key is knowing when to take action and choosing the right strategy for your circumstances.

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

Helpful Links

• November 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 U.S. Department of State has released the November 2026 Visa Bulletin, announcing several significant changes to employment-based and family-sponsored immigrant visa categories.

This month’s bulletin features one-year advancements in several family-sponsored categories for Worldwide, China, and India, alongside more modest employment-based gains. No retrogressions are reported.

Which Chart Will USCIS Use in November 2026?

For November 2026, USCIS will use the Dates for Filing chart for both:

• Family-sponsored preference categories
• Employment-based preference categories

Eligible applicants may use these charts to determine whether they can file Form I-485, Application to Register Permanent Residence or Adjust Status.

The Final Action Dates chart continues to determine when immigrant visas are available for final approval.

November 2026 Visa Bulletin: Key Highlights

Employment-Based Categories

Notable: Most employment-based Dates for Filing remain unchanged. EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) remain current, and no retrogressions are reported. Except China and India, EB-1 remains current for both charts.

Family-Sponsored Categories

Notable: The largest advancements occur across Worldwide, China, and India, with one-year gains in F1, F2B, F3, and F4. Mexico experiences smaller Final Action advancements in F1, F2A, and F3. All F2A Dates for Filing remain current.

Employment-Based Visa Bulletin Changes

The following comparison shows the movement in employment-based Final Action Dates and Dates for Filing between October and November 2026.

Family-Sponsored Visa Bulletin Changes

The following comparison highlights the movement in family-sponsored Final Action Dates and Dates for Filing between October and November 2026.

Check Your Priority Date

Applicants should review the applicable Visa Bulletin chart for their immigrant visa category and country of chargeability.

A priority date generally must be earlier than the listed cutoff date to qualify under that chart, subject to all other eligibility requirements. For the month of November, adjustment of status applicants may use the Dates for Filing chart.

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

Helpful Links

• November Visa Bulletin
• October 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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Despite a federal court ruling striking down the Trump administration’s 75-country immigrant visa pause, visa applications have moved very slowly.

Court records show that between August 21 and September 30^th only 318 immigrant visa applications were approved or resulted in visa issuance, out of more than 43,000 applications affected by the pause.

Adding to the uncertainty, just last week the U.S. Court of Appeals for the Second Circuit temporarily blocked an order requiring the State Department to reconsider previously refused applications. As a result, filing a federal lawsuit may be the most effective path toward resolving these cases.

Key Highlights

• The 75-country immigrant visa pause no longer applies as of August 21, 2026, following a federal court order.
• New immigrant visa applications are not subject to the pause.
• Applications previously refused under the pause are not automatically reopened or reconsidered.
• Mandamus or group lawsuits may be an option for applicants whose visas were previously refused under the pause, depending on the circumstances of their cases.
• Between August 21 and September 30^th, the State Department reviewed just 706 immigrant visa applications, approving or issuing 318 visas and refusing 388 applications on other grounds. This represents fewer than 2% of the more than 43,000 applications affected by the pause.

What Was the 75-Country Immigrant Visa Pause?

On January 14, 2026, the Trump administration announced a suspension of immigrant visa issuance for nationals of 75 countries, that became effective on January 21, 2026.

The State Department justified the pause by citing concerns that immigrants from certain countries were more likely to rely on U.S. public benefits and become a “public charge.”

The 75 countries affected by the immigrant visa pause were:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma (Myanmar), Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Affected applicants could still attend immigrant visa interviews, but U.S. consulates could not issue their immigrant visas. The policy did not apply to temporary visas, such as tourist, student, or work visas.

On August 21^st a federal court struck down the suspension, prompting the State Department to announce that the pause is no longer in effect.

What Do the Latest Visa Processing Statistics Reveal?

According to an October 5, 2026, court filing by the State Department in CLINIC v. Rubio, visa processing has been extremely slow since the 75-country pause was lifted on August 21, 2026.

Key Highlights

• 706 applications reviewed: Between August 21 and September 30, 2026, the State Department adjudicated approximately 706 immigrant visa applications that had previously been refused under the pause.
• 318 visas approved or issued: Of those 706 applications, only 318 were approved for visa issuance or resulted in visas being issued.
• 388 applications refused again: Approximately 388 applications were refused under other provisions of the Immigration and Nationality Act (INA).
• More than 43,000 affected applications: The State Department previously acknowledged that more than 43,000 applications had been refused solely under the pause and were subject to the district court’s order.
• Less than 2% processed: The 706 reviewed applications represent fewer than 2% of the more than 43,000 affected cases, highlighting the limited progress and substantial backlog.

These figures cover previously refused applications and do not represent all immigrant visa applications awaiting processing. They also do not establish how many applicants actually received their visas.

What Does This Mean for Affected Applicants?

Although visa processing has resumed, progress remains slow. At the current pace, clearing the backlog of more than 43,000 affected applications could take years unless the State Department significantly increases processing.

Another concern is that some applicants previously refused under INA Section 221(g) may have additional grounds for refusal beyond the 75-country pause. Consular officers must review each case individually to determine whether the refusal was based solely on the pause or involved other eligibility issues.

Applicants who discover additional reasons for their refusal should act promptly. Depending on the circumstances, this may include responding to requests for additional information, contacting the consulate for clarification, requesting reconsideration, or seeking assistance through the State Department’s LegalNet system.

Which Visa Applications Are Being Prioritized?

U.S. embassies and consulates are selectively reviewing previously refused applications. Some cases that have been pending for weeks or months are now being reopened, with consular officers requesting additional documentation or taking steps toward adjudication.

We have also observed that some applicants involved in individual or group litigation have received attention to their cases sooner than those who have not pursued legal action.

While litigation does not guarantee visa approval, it may help move stalled cases forward. With thousands of applications still pending, applicants should consider taking proactive steps rather than simply waiting.

What Should Affected Applicants Do?

1. Confirm your refusal reason: Determine whether your visa was refused solely because of the pause or whether other grounds of inadmissibility apply.
2. Address outstanding issues: Respond promptly to consular requests and consult an immigration attorney if your case involves additional legal concerns.
3. Follow up on your case: Contact the embassy or consulate to request an update or clarification rather than relying solely on passive waiting.
4. Consider litigation: Consult an immigration attorney to determine whether an individual lawsuit or participation in group litigation may be appropriate.

The numbers make one thing clear: waiting alone may not be enough. Taking action now could make a difference in moving your case forward.

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

Helpful Links

• October 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!

With sweeping visa restrictions affecting nationals of 75 and 39 countries, securing a U.S. visa has become increasingly challenging. But even under the toughest immigration restrictions, exceptions are possible.

Here’s how we overcame a visa refusal under the travel ban and successfully secured a National Interest Exception (NIE) for our clients.

Status of the Travel Bans

The U.S. Department of State implemented two significant immigration restrictions affecting nationals of dozens of countries. Although both measures created substantial barriers to visa issuance, their legal status has since changed.

As of October 18, 2026, the 39-country travel ban remains in effect, while the 75-country immigrant visa suspension was lifted following a federal court ruling on August 21, 2026.

Which Countries Are Subject to the 39-Country Travel Ban?

Under Presidential Proclamation 10998, effective January 1, 2026, nationals of 39 countries face full or partial restrictions on U.S. visa issuance and entry into the United States.

• Full Restriction (19 countries): Afghanistan, Burma (Myanmar), Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. Restrictions also apply to individuals traveling on documents issued or endorsed by the Palestinian Authority.
• Partial Restriction (20 countries): Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia, and Zimbabwe.

Who Is Affected?

The travel ban generally applies to nationals of designated countries who were outside the United States and did not hold a valid U.S. visa on January 1, 2026.

Individuals who already held a valid U.S. visa on that date are generally exempt from the proclamation and may continue traveling to the United States, provided their visa remains valid and they meet all other entry requirements. The proclamation does not automatically revoke previously issued visas, and lawful permanent residents (green card holders) are exempt.

For those subject to the ban, visa issuance and entry may be restricted even if they otherwise qualify for a U.S. visa. However, certain exceptions remain available, including a National Interest Exception (NIE) for applicants whose entry would serve the national interest of the United States.

What Happens When the Travel Ban Results in a Visa Refusal?

No interview questions. No opportunity to explain. Just a refusal under the Presidential Proclamation.

That was our clients’ experience when a consular officer abruptly refused their visa application without giving them an opportunity to present their case.

They walked out of the U.S. Embassy with a refusal that appeared to bring their immigration journey to an end.

Eight weeks later, that same U.S. Embassy issued their visas under a National Interest Exception (NIE).

How Did We Turn a Visa Refusal Into an Approval?

The answer lies in an important exception to the travel ban: the National Interest Exception (NIE).

An NIE permits certain applicants who would otherwise be subject to the travel restrictions to obtain a visa when their entry would serve the national interest of the United States.

However, securing an NIE is neither automatic nor guaranteed. It requires demonstrating why an applicant’s particular circumstances warrant favorable consideration under the applicable exception.

In our clients’ case, the initial refusal was not the end of the road. By developing a targeted legal strategy and presenting a compelling case for a National Interest Exception, we successfully obtained visa approvals just eight weeks after their initial refusals.

Here’s how we did it.

Case Study: How We Secured a National Interest Exception

Our clients’ employment-based green card applications were refused solely because of the 39-country travel ban, despite having no underlying eligibility or admissibility issues.

Rather than accepting the refusal, we built a compelling NIE request focused on one question: How would the U.S. be negatively impacted if our client could not enter?

Our Five-Part Strategy

1. Demonstrate the Impact on U.S. Interests

We showed that our client’s absence would jeopardize a time-sensitive federal government contract requiring specialized skills not readily available among existing U.S. personnel. We submitted the contract, statement of work, employer letters, and project deadlines to establish the consequences of delayed entry.

2. Address National Security Concerns

We distinguished our client from the broader country-level concerns underlying the ban by documenting previous U.S. visas, successful security vetting, no immigration violations or criminal history, and a high-level security clearance.

3. Use the Proper Consular Channel

We submitted the NIE request directly to the U.S. Embassy adjudicating the visa and requested consideration through the Secretary of State’s designated review process.

4. Keep the Request Concise

Our legal memorandum was under four pages, followed by clearly organized exhibits with brief captions. We focused on the strongest arguments rather than overwhelming officials with unnecessary documentation.

5. Present Compelling, Time-Sensitive Evidence

The most important evidence was the U.S. employer’s support letter, which identified specific deadlines, explained why our client’s expertise was essential, and detailed the consequences for the federal project if the visa was delayed. We reinforced this with the client’s résumé, qualifications, and project timeline.

The Result: Approval in Eight Weeks

Eight weeks after the initial refusal, the same U.S. Embassy issued our clients’ immigrant visas following NIE approval. The client’s visa stamp reflected that his visa was being approved under the NIE.

Why Some NIE Requests Fail

Many NIE requests fall short because they focus on personal hardship rather than the U.S. national interest. Emotional appeals, difficult conditions in the applicant’s home country, or arguments about why the applicant needs to leave are generally insufficient.

Vague claims that an applicant will “contribute to the U.S. economy” or that “the United States needs their skills” are unpersuasive without specific supporting evidence.

The key is specificity: Identify the U.S. interest at stake, explain how the applicant’s absence would affect it, and support every claim with concrete evidence.

The takeaway: A successful NIE request is not about how much the applicant needs a visa. It is about demonstrating why granting that visa serves the national interest of 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

• October 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!

Imagine waiting more than ten years as a lawful permanent resident for the day you can finally become a U.S. citizen.

One of our clients did exactly that. He received his N-400 citizenship interview notice, prepared for the appointment, and arrived at the USCIS office in Los Angeles excited about taking the next step toward naturalization. He believed he was eligible for citizenship, and his attorney had advised him that he qualified.

But he never walked out of that USCIS office as a new U.S. citizen.

Instead, ICE agents placed him in handcuffs and escorted him out of the building.

This is not a scene from a movie. It is a reality that some green card holders have faced when appearing for their naturalization interviews.

And he is not the only one.

Lessons From Real Client Cases

In this blog post, we share real client stories involving lawful permanent residents who appeared for their U.S. citizenship interviews only to be detained by ICE agents. These cases involve old removal orders, unpaid tickets that were forgotten and later turned into warrants, political activism that attracted government scrutiny, and other problems applicants may not realize could surface during the naturalization process.

Most importantly, we explain what these cases can teach other green card holders, and the steps you should take before filing your application.

What Happens at the N-400 Citizenship Interview

When you apply for U.S. citizenship, you file Form N-400, Application for Naturalization. At the interview, a USCIS officer will review your application with you and ask questions to confirm that the information you provided is accurate.

The officer may also review important parts of your immigration history, including your travel outside the United States, tax history, child support obligations, and any arrests, citations, charges, or other criminal issues. You will also be required to complete the English and civics portions of the naturalization test, unless you qualify for an exception.

At the end of the interview, USCIS may approve your application, continue the case because additional information or evidence is needed, or deny the application. An immediate denial at the interview itself is less common.

Most applicants complete the interview without serious problems. But it is important to remember that USCIS is a federal facility. If there is an outstanding immigration enforcement issue, warrant, removal order, or other serious problem in your background, ICE could become involved.

Pattern of Enforcement

Since early 2025, we have seen a noticeable shift in immigration enforcement at USCIS interviews. Green card holders who appear for interviews, including naturalization interviews, may face serious consequences if they have unresolved immigration or criminal issues.

In some cases, individuals have been detained by ICE at or immediately after their USCIS interviews. The issue may be something recent, or it may involve an old problem the applicant believed was resolved, overlooked, or simply forgot about.

This change also follows a 2025 USCIS enforcement policy that expanded the circumstances in which cases involving potentially removable noncitizens may be referred for immigration enforcement.

#1: Political Activism and National Security Concerns

Political activism can become a serious immigration issue when the government believes the activity raises national security concerns, involves support for terrorism, or suggests membership in or support for a prohibited organization.

For a green card holder applying for citizenship, these concerns can lead to additional questioning, delays, closer review of the applicant’s background, or potentially immigration enforcement action. In serious cases, the N-400 may be denied, and the applicant’s underlying green card can be reviewed.

Applicants should remember that information available online, including social media activity, may become relevant when the government is investigating potential national security or immigration concerns.

Simply expressing a political opinion or criticizing a government does not automatically make someone ineligible for citizenship. But if your political activity, associations, or online statements could raise terrorism, national security, or other immigration concerns, you should speak with an experienced immigration attorney before filing Form N-400 or appearing for your interview.

#2 The Green Card that was never finished

Some green cards are issued on a conditional basis and are valid for only two years. If you received a two-year conditional green card through marriage, you must file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period before your green card expires.

Failing to properly file Form I-751 can create serious problems with your immigration status.

Common issues include:

• Forgetting to file Form I-751
• Filing the I-751 incorrectly and having it rejected because of a missing fee, signature, or other filing problem
• Failing to provide required evidence or respond to USCIS requests
• Assuming that you can skip the I-751 and simply file Form N-400 after three or five years

These problems surface when the person later applies for citizenship. USCIS does not simply ignore an unresolved conditional residence issue. In many cases, the N-400 will not be approved until the applicant properly completes the I-751 process.

But the consequences can be more serious than a delayed citizenship application.

We have seen cases where a conditional resident never properly filed Form I-751 and later appeared for an N-400 interview. Instead of moving forward with citizenship, the person was detained at their interview and placed in removal proceedings.

If you never filed Form I-751, filed it late, or are unsure whether it was properly accepted and completed, speak with an immigration attorney before filing for citizenship. An unresolved conditional residence issue can lead to denial of the N-400 and depending on the circumstances, possible removal proceedings or detention.

#3 Old Removal Orders

Old removal orders can create the same kind of problem.

A person may have an old removal order, later file to remove conditions on a green card, and eventually apply for citizenship without realizing that the removal issue was never properly resolved.

That problem can resurface during the N-400 process because USCIS will review the applicant’s immigration history.

If USCIS discovers an old removal order, the consequences can be serious. The N-400 may be denied, and USCIS may also review whether the green card was properly issued or renewed in the first place.

In some cases, this can place the applicant’s permanent resident status at risk and lead to removal proceedings.

The lesson is simple have your full immigration history reviewed before filing Form N-400.

#4 The Warrant No One Remembered

Some applicants file Form N-400 without realizing they still have an outstanding warrant or unresolved court issue.

One of the questions on the naturalization application asks whether you have ever been arrested, cited, or detained. Some applicants answer “no” because they genuinely forgot about an old citation, missed court date, unpaid fine, or other incident.

But USCIS will still find it during the background check.

In one client’s case, an unpaid fine and missed court appearance resulted in a bench warrant. The applicant had forgotten about it and later applied for citizenship. Because the incident fell within the relevant naturalization period, it created problems with the N-400, and ICE became involved at the interview.

These situations can often be avoided with proper preparation.

If you are not completely sure about your criminal or court history, consider obtaining an FBI fingerprint-based background check and reviewing your local court records before filing Form N-400 or attending your interview. This can help uncover old arrests, citations, or warrants that you may have forgotten about.

Outstanding warrants are especially important to identify and resolve before walking into a federal immigration interview.

Not Sure About Your Immigration History? 3 Things to Check Before Filing Form N-400

Before you apply for citizenship, make sure you understand your immigration and criminal history. Three issues are especially important:

1. Do you have an old removal or deportation order?
2. If you had a two-year conditional green card, did you properly file Form I-751?
3. Do you have any arrests, citations, criminal cases, or outstanding warrants?

Especially within the five years before filing for citizenship?

If you are unsure about any of these issues, do not rush to file Form N-400.

First, obtain and review your immigration records. If you do not remember your criminal history, consider getting an FBI fingerprint-based background check and checking the appropriate court records as well. Once you know exactly what is in your record, you can determine whether it is safe to file for citizenship or whether another issue needs to be addressed first.

If any of these three problems apply to you, speak with an experienced immigration attorney before filing.

Filing Form N-400 without understanding your history can do more than lead to a denial. It can bring old immigration or criminal problems back to the surface and, in serious cases, place your green card status at risk.

Detention at N-400 interviews is not the most common outcome, but it can happen. The goal is to identify and address these problems before you walk into your citizenship interview not after.

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

Helpful Links

• October 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
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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the October 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 October, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will begin using the Dates for Filing Chart .

Highlights of the October 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

• EB-1 India will advance 3.6 months to February 1, 2023
• EB-1 Except China, all other countries remain current

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

• EB-2 India moves from unavailable to November 1, 2013
• EB-2 China will advance 1 month to October 1, 2021
• Worldwide, Mexico, Philippines moves from current to a cutoff date of January 1, 2025

EB-3 Professionals and Skilled Workers

• EB-3 China will advance 1 week to January 8, 2022
• EB-3 Philippines will advance 2 weeks to August 15, 2023
• Worldwide and Mexico will retrogress 3.6 months from September 1, 2024, to May 15, 2024

EB-3 Other Workers

• EB-3 China will advance 5 months to October 1, 2019
• EB-3 Philippines will advance 1 month to January 1, 2022
• Worldwide and Mexico will retrogress 3 months from April 1, 2022, to January 1, 2022

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

• EB-5 India moves from unavailable to a cutoff date of December 1, 2023
• Except China, all other countries will remain current

Dates for Filing Advancements

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

• EB-1 India and China will advance 7 months to July 1, 2024
• All other countries will remain current

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

• EB-2 China will advance 1 year to January 1, 2023
• Worldwide, Mexico, Philippines will move from current to a cutoff date of March 15, 2026

EB-3 Professionals and Skilled Workers

• EB-3 China will advance 26 months to April 1, 2024
• Worldwide and Mexico will move from current to a cutoff date of August 1, 2024

EB-3 Other Workers

• EB-3 China will advance 1 year to October 1, 2020
• Worldwide, Mexico, and Philippines will retrogress 2 months from August 1^st to June 1, 2022

EB-4 Special Immigrants and Religious Workers

• EB-4 will advance 24 months to January 1, 2025

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

• EB-5 China will advance 4 years to March 1, 2021
• Except India, all other countries will remain current

Family-Sponsored Categories

 Final Action Advancements

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

• F1 Mexico will advance 8 months to September 8, 2008
• F1 Philippines will advance 6 months to November 1, 2013

F-2A Spouses and Children of Permanent Residents

• F2A Mexico will advance 7 months to March 22, 2026
• F2A All other countries will advance 1 month to September 22, 2026

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

• F2B Mexico will advance 15 months to May 15, 2010
• F2B Philippines will advance 4 months to October 1, 2013

F3 Married Sons and Daughters of U.S. Citizens 

• F3 Philippines will advance 5 months to July 22, 2006

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

• F4 Mexico will advance 2 weeks to April 22, 2001
• F4 Philippines will advance 8.8 months to May 15, 2008
• F4 India will advance 1.4 months to December 15, 2006

Dates for Filing Advancements

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 advance 10.2 months to March 22, 2011
• F2B Philippines will advance 1 year to October 1, 2014

F3 Married Sons and Daughters of U.S. Citizens

• F3 Mexico will advance 16.6 months to December 1, 2002
• F3 Philippines will advance 2.7 months to October 22, 2006

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

• F4 Philippines will advance 1 year to March 22, 2009
• F4 India will advance 1.6 months to February 1, 2007

Graphical View – Side by Side

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 October.

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

• EB-1 China will remain at July 1, 2023
• EB-1 India will advance 3.6 months to February 1, 2023
• All other countries will remain current

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

• EB-2 India goes from unavailable to November 1, 2013
• EB-2 China will advance 1 month to October 1, 2021
• All other countries (Worldwide, Mexico, Philippines) go from current to a cutoff date of January 1, 2025

EB-3 Professionals and Skilled Workers

• EB-3 India will remain at January 1, 2014
• EB-3 China will advance 1 week to January 8, 2022
• EB-3 Philippines will advance 2 weeks to August 15, 2023
• All other countries (Worldwide and Mexico) will retrogress 3.6 months from September 1, 2024, to May 15, 2024

EB-3 Other Workers

• EB-3 India will remain at January 1, 2014
• EB-3 China will advance 5 months to October 1, 2019
• EB-3 Philippines will advance 1 month to January 1, 2022
• All other countries (Worldwide, Mexico) will retrogress 3 months from April 1, 2022, to January 1, 2022

EB-4 Special Immigrants and Religious Workers

• All countries will remain at December 15, 2022

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

• EB-5 India goes from unavailable to a cutoff date of December 1, 2023
• 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 October.

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

• EB-1 India and China will advance 7 months to July 1, 2024
• 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 advance 1 year to January 1, 2023
• All other countries (Worldwide, Mexico, Philippines) will go from current to a cutoff date of March 15, 2026

EB-3 Professionals and Skilled Workers

• EB-3 India will remain at January 15, 2015
• EB-3 China will advance 26 months to April 1, 2024
• EB-3 Philippines will remain at January 1, 2024
• All other countries (Worldwide and Mexico) will go from current to a cutoff date of August 1, 2024

EB-3 Other Workers

• EB-3 India will remain at January 15, 2015
• EB-3 China will advance 1 year to October 1, 2020
• All other countries (Worldwide, Mexico, and Philippines) will retrogress 2 months from August 1^st to June 1, 2022

EB-4 Special Immigrants and Religious Workers

• EB-4 will advance 24 months to January 1, 2025

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

• EB-5 India will remain at May 1, 2024
• EB-5 China will advance 4 years to March 1, 2021
• 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 October.

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

• F1 Mexico will advance 8 months to September 8, 2008
• F1 Philippines will advance 6 months to November 1, 2013
• Worldwide, China, and India will remain at January 22, 2020

F-2A Spouses and Children of Permanent Residents

• F2A Mexico will advance 7 months to March 22, 2026
• F2A All other countries will advance 1 month to September 22, 2026

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

• F2B Mexico will advance 15 months to May 15, 2010
• F2B Philippines will advance 4 months to October 1, 2013
• Worldwide, China, India will remain at August 22, 2019

F3 Married Sons and Daughters of U.S. Citizens 

• F3 Mexico will remain at July 1, 2001
• F3 Philippines will advance 5 months to July 22, 2006
• Worldwide, China, India will remain at October 22, 2014

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

• F4 Mexico will advance 2 weeks to April 22, 2001
• F4 Philippines will advance 8.8 months to May 15, 2008
• F4 India will advance 1.4 months to December 15, 2006
• Worldwide and China will remain at October 22, 2011

*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 October.

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

• F1 Mexico will remain at December 1, 2008
• F1 Philippines will remain at April 22, 2015
• Worldwide, China, India will remain at February 1, 2020

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 advance 10.2 months to March 22, 2011
• F2B Philippines will advance 1 year to October 1, 2014
• Worldwide, China, India will remain at September 1, 2019

F3 Married Sons and Daughters of U.S. Citizens

• F3 Mexico will advance 16.6 months to December 1, 2002
• F3 Philippines will advance 2.7 months to October 22, 2006
• Worldwide, China, India will remain at November 1, 2014

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

• F4 Mexico will remain at April 30, 2001
• F4 Philippines will advance 1 year to March 22, 2009
• F4 India will advance 1.6 months to February 1, 2007
• Worldwide and China will remain at November 1, 2011

*The bold represents the Visa Bulletin advancements

Overall

Family-Sponsored: The biggest gains were in the Mexico and Philippines categories, including a 15-month advance for F2B Mexico, a 1-year advance for F2B Philippines in the Dates for Filing chart, and a 16-month jump for F3 Mexico.

Employment-Based: The strongest movement came in EB-3 China, which advanced more than 2 years in the Dates for Filing chart, along with 2-year advances for EB-4 and Certain Religious Workers and a 4-year jump for EB-5 China. EB-2 India and EB-5 India also moved from unavailable to having active cutoff dates in the Final Action chart.

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

Helpful Links

• October 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!

For most green card holders, returning to the United States after a vacation feels like a routine part of travel. But in 2026, that return can sometimes come with unexpected problems.

In recent months, some green card holders have been taken to secondary inspections, questioned, and even detained at U.S. airports.

In these cases, the issue is not the vacation itself, but something in the traveler’s immigration history, criminal record, or time spent outside the country that gets flagged by Customs and Border Protection.

In this article, we’ll break down the top 3 reasons green card holders can run into trouble when returning to the U.S., along with 5 airports where travelers should be especially prepared for closer inspection.

The “Arriving Alien” Trap for Green Card Holders

One of the biggest risks for a green card holder returning from abroad is being treated as an “arriving alien” by immigration officers.

Normally, a lawful permanent resident returning from a trip is not considered to be seeking admission to the United States. But under certain circumstances, CBP can do just that.

Once CBP treats a green card holder as an arriving alien, they can be required to prove they are still eligible to enter the United States under rules for people seeking admission.

This matters because it can expose travelers to detention and removal proceedings and can make defending the case more complicated.

If CBP confirms that you are a lawful permanent resident, they cannot simply remove you through expedited removal. If officers believe you are inadmissible, they can instead send your case to immigration court, where an immigration judge will decide whether you can remain in the United States.

Who is Being Targeted?

CBP cannot treat every green card holder returning from vacation as an arriving alien. Normally, lawful permanent residents are allowed to return under their existing green card status.

But there are several exceptions. You may be treated as an applicant for admission if you stayed outside the United States for more than 180 days, abandoned your U.S. residence, committed certain crimes, engaged in illegal activity while abroad, left while removal proceedings were pending, or tried to enter the country without going through a proper port of entry.

If one of these exceptions applies, CBP can examine whether you are legally admissible to the United States even though you already have a green card.

Top 3 Reasons Green Card Holders Face Problems at the Airport

1. Criminal History

A criminal record is one of the most common reasons a green card holder can face extra scrutiny when returning to the United States. Drug offenses, fraud, certain domestic violence offenses, and some other crimes can create serious immigration problems.

Even an arrest or criminal charge can trigger questions at the airport, even if the case was dismissed or the record was later expunged. What matters is how the underlying conduct and final disposition are treated under immigration law—not simply whether the record was cleared under state law.

2. Spending Too Much Time Outside the United States

Long trips abroad can also raise questions about whether you still intend to permanently live in the United States.

An absence of more than 180 days can subject a returning green card holder to additional immigration scrutiny. CBP may look at things like your home, employment, family ties, taxes, bank accounts, and other evidence showing that the United States remains your permanent residence.

If you expect to remain outside the United States for an extended period, a reentry permit can help show that you did not intend to abandon your permanent resident status. It is generally something you should apply for before leaving the United States.

3. Fraud or Misrepresentation Concerns

CBP may also investigate whether there were problems with the way you originally obtained your green card or whether information you previously gave immigration authorities was inaccurate.

That can include suspected marriage fraud, inconsistencies in old immigration applications, or a travel pattern suggesting that you actually live abroad and only return to the United States occasionally to maintain your green card.

CBP can also inspect electronic devices at the border. Information found on a phone or laptop, such as messages, photos, social media activity, or other records, can raise additional questions if it appears inconsistent with what immigration authorities already have in their records.

5 Airports Where Green Card Holders Have Faced Problems

Some major U.S. airports have seen reports of green card holders facing lengthy questioning, secondary inspection, and detention after international travel. These five airports have been tied to notable cases involving returning permanent residents.

1. LAX – Los Angeles
   Reports include lengthy secondary inspections, questioning over criminal or immigration history, detention, and transfer to ICE custody.
2. SFO – San Francisco
   Some green card holders have reportedly been held for days at the airport before being released or transferred to immigration detention.
3. MIA – Miami
   Travelers have reported extensive questioning, review of immigration history, electronic-device scrutiny, and temporary confiscation of green cards.
4. JFK – New York
   Cases have involved green card holders being detained over old criminal convictions and placed into removal proceedings after returning from short trips abroad.
5. IAH – Houston
   Returning residents can face secondary inspection, prolonged questioning, and detention when CBP identifies possible criminal or immigration issues.

Bottom line: Don’t Fly Blind: Check Your Record First

Before traveling internationally, make sure you understand any potential problems that could come up when you return. If you have a criminal record, prior immigration violations, a denied immigration petition, or pending removal proceedings, speak with an immigration attorney before you book your trip.

Carry your physical green card and, if you have spent significant time abroad, bring documents showing that the United States is still your permanent home such as proof of employment, a lease or mortgage, tax returns, or family ties. If you have a criminal history, consider carrying certified court records showing exactly how the case was resolved.

If CBP questions you, remain calm and polite. Do not guess, lie, or make unnecessary admissions. If the situation becomes serious, ask to speak with an immigration attorney.

Most importantly, be extremely careful if CBP asks you to sign Form I-407. Signing this form means you are voluntarily giving up your lawful permanent resident status and waiving your right to have an immigration judge decide whether you abandoned your residency. Submission of the form is voluntary.

Finally, let a family member or trusted person know your flight information and when you expect to arrive. That way, if you are unexpectedly detained or held for an extended secondary inspection, someone knows where you entered the country and can contact an attorney if necessary.

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

Helpful Links

• September 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’re working in the United States on a visa such as an H-1B, L-1, or TN and suddenly lose your job. Under current rules, you may have up to 60 days to find a new employer, change to another immigration status, or leave the United States.

Now, DHS is proposing to eliminate that 60-day grace period for certain employment-based visa holders. If the proposal is finalized, affected workers could have far less time to take action after their employment ends.

What the Rule Says Today

Under the current rule, H-1B workers generally have up to 60 days after losing or leaving a job to find a new employer, change to another immigration status, or make arrangements to leave the United States. This is known as the 60-day “grace period.” Under the proposed rule, that protection would disappear, meaning workers could begin falling out of status as soon as the day after their employment ends.

Who is Affected

The proposal would affect workers in these nonimmigrant visa categories:

• E-1 treaty traders
• E-2 treaty investors and qualifying employees
• E-3 Australian specialty occupation workers
• H-1B specialty occupation workers
• H-1B1 workers from Chile and Singapore
• L-1 intracompany transferees
• O-1 individuals with extraordinary ability or achievement
• TN professionals from Canada and Mexico

It would apply when employment or the qualifying activity underlying that status ends, whether the worker is terminated, laid off, or voluntarily leaves the job.

They generally would be considered to have failed to maintain status beginning the day after their employment ends unless they have some other lawful basis to remain in the United States.

How Dependents Are Affected

Their dependents would also be affected because dependent status is tied to the principal worker’s status. This includes, for example, H-4 and L-2 spouses and children. DHS specifically notes that work-authorized dependent spouses could also lose the ability to remain and work if the principal worker loses status.

What Most People Get Wrong about the Grace Period

There are several important limits to the 60-day grace period that are often misunderstood:

1. The 60-day period generally begins the day after your last paycheck, not when severance payments stop. Receiving severance does not usually extend the grace period.
2. The grace period can generally be used only once during each authorized validity period.
3. The grace period does not provide work authorization. It allows you to remain in the United States temporarily while you take steps such as finding a new employer, changing status, or preparing to leave.
4. You do not automatically receive a full 60 days. The grace period lasts for up to 60 days or until your current authorized stay expires, whichever comes first. For example, if your I-94 expires in 14 days, you generally have only those 14 days—not 60. If your I-94 remains valid for another six months, you may be able to use the full 60-day grace period.

Why DHS Wants to Remove the Grace Period

DHS gives several reasons for wanting to eliminate the 60-day grace period.

First, DHS argues that a worker’s lawful status should remain closely tied to the specific employment that supported the visa. In its view, there should not be an extended period where a worker remains in valid status after that employment has ended.

Second, DHS says the grace period temporarily separates lawful immigration status from the job that originally justified that status.

DHS also argues that determining when the grace period begins and ends creates an administrative burden. Employment termination dates are not always clear, and USCIS may have to review payroll records, termination notices, and other evidence to determine whether a worker remained within the grace period.

The government also favors a process in which a new employer files for the worker after the worker has departed the United States. In many cases, that would mean the worker must apply for a new visa abroad and attend another consular interview before returning to the United States.

They argue that fewer workers are relying on the 60-day grace period because many already leave the United States and pursue their next visa through a U.S. embassy or consulate abroad.

For workers, however, leaving the country after suddenly losing a job can create significant practical problems. Many have established lives in the United States, including children in school, housing, and family obligations. Requiring them to leave the country before transitioning to new employment could make an already difficult job loss significantly more disruptive.

What Happens If You Lose Your Job Today?

The change is not yet in effect. DHS published the proposed rule on September 11, 2026, and the public comment period remains open through November 10, 2026. Once the final rule goes into effect, workers will be out of status the moment they lose their job. This means workers will be forced to depart the country immediately.

What You Can Do Now

If you believe a layoff may be coming, start preparing before your employment ends.

First, confirm your exact last day of employment and check the expiration date on your I-94. Those dates can determine how much time you have to take action.

It is also a good idea to speak with an immigration attorney early rather than waiting until your final day of work. Planning ahead can give you more options and help avoid problems with your status.

Gather your important immigration and employment documents in one place, including recent pay stubs, offer letters, your I-94, Form I-797 approval notices, passport, and visa documentation. If you need to change employers or status quickly, having these records ready can save valuable time.

If you already have a new employer lined up, filing as early as possible is especially important. Once the available window closes, changing employers or maintaining lawful status can become much more difficult.

What Employers Should Do

Employers should start preparing now in case the rule is finalized.

Begin by identifying every employee in E, H, L, O, or TN status and reviewing their visa classification, I-94 expiration date, and current period of authorized stay. This will help you understand which employees could be most affected if the 60-day grace period is eliminated.

It is also important to build a rapid-response plan for employment changes. Know in advance who is being terminated, who may be transitioning to another role or employer, who may need a new petition filed immediately, and who could be required to leave the United States. The goal is to be ready to act quickly if a worker’s employment ends.

Employers should also speak with immigration counsel early to review their workforce, identify potential risks, and create a plan for handling terminations and visa transitions under the proposed rule.

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

Helpful Links

• September 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!

USCIS recently introduced an important change affecting green card applicants who rely on a sponsor to meet the financial requirements for the I-864 Affidavit of Support.

Form I-864, Affidavit of Support, is a legally binding form used to show that a green card applicant has sufficient financial support and is unlikely to become a public charge. The sponsor of the I-864 is generally the U.S. citizen or lawful permanent resident who filed the immigrant petition. If the petitioner does not meet the income requirement for their household size, a joint sponsor may be needed.

Under new USCIS policies, sponsors and joint sponsors are now required to provide additional financial information, including their credit score and credit report.

USCIS has also released a new edition of Form I-864 reflecting these changes, which will be required beginning October 1.

Why does this matter?

A sponsor or joint sponsor with poor credit, high debt, late payments, collections, or bankruptcy could face greater scrutiny because USCIS may question whether they are financially capable of supporting the intending immigrant. This could result in requests for additional evidence, processing delays, or a determination that the sponsor or joint sponsor does not qualify.

If a sponsor has a credit or security freeze in place, USCIS may be unable to access the information needed to evaluate Form I-864.

Increased Financial Vetting: Before vs. Now

These changes significantly expand the financial scrutiny of sponsors. Previously, USCIS generally relied on documents such as the sponsor’s most recent tax return, W-2 or 1099, and proof of employment. Under the new requirements, immigration officials may also review a sponsor’s credit report and credit score when evaluating financial eligibility.

However, the government has not established a minimum credit score required to qualify as a sponsor or joint sponsor.

This lack of guidance raises important questions. A joint sponsor may meet the required income threshold but still have a low credit score, leaving it unclear how USCIS officers will evaluate eligibility moving forward.

Litigation Challenges

On September 3, the American Immigration Lawyers Association (AILA) sued USCIS, challenging the abrupt implementation of the new Affidavit of Support requirements, including the use of sponsors’ credit reports and credit scores, without advance notice or a grace period. The lawsuit asks the court to temporarily block the changes. A judge has not yet ruled on the lawsuit. We will continue to monitor the case and provide updates here on our blog.

How Sponsors Can Prepare

If you plan to sponsor an immigrant or serve as a joint sponsor, consider taking the following steps:

1. Review your credit report. Check for negative information, errors, collections, or other issues, and remove any credit or security freeze before USCIS attempts to access your report.
2. Address potential financial concerns. If your credit history includes collections, bankruptcy, significant debt, or other negative information, consider whether another qualified joint sponsor may be needed.
3. Use the correct Form I-864. Beginning October 1, applicants must use the new 08/24/26 edition of Form I-864. Using an outdated version could result in the filing being rejected.
4. Be prepared for an RFE. If USCIS requests additional financial evidence, consider speaking with an immigration attorney about how to respond and what documentation to provide.

These changes could also make finding a joint sponsor more difficult. Convincing someone to accept the legal financial obligations of Form I-864 can already be challenging. Requiring sponsors to disclose their credit report and credit score adds another layer of personal financial information that some people may be reluctant to share. As a result, some applicants may have greater difficulty finding a qualified joint sponsor and moving forward with their green card case.

Pro Tip: If you believe you may need a joint sponsor, start the process early. Speak with trusted friends or family members so they understand the requirements and can determine whether they qualify by providing their credit report and financial documentation early on.

---

The Bottom Line

Green card policies and filing requirements continue to change, making it more important than ever to stay informed and prepared. Our law firm is here to help you navigate these changes, understand your options, and avoid unnecessary delays in your immigration case. Contact us to help you prepare a strong application from the very beginning.

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

Helpful Links

• September 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!

Are you interested in starting a business in the United States? Here’s the catch: the U.S. does not have a dedicated “founder visa” for entrepreneurs. There is no single visa that simply lets you move to America, launch a company, and start building. But that does not mean entrepreneurs are out of options.

Depending on your country of nationality and long-term goals, there are four key visa pathways that can allow founders and business owners to live and work in the United States while bringing their families with them. These are the E-2, L-1A, O-1A, and EB-5 visas.

First, it’s important to ask these four questions to help determine which visa options may be available to you:

1. Are you a citizen of an E-2 treaty country? If so, the E-2 treaty investor visa may be an option.
2. Do you own or operate an established business outside the United States? The L-1 visa may allow you to expand that business into the U.S. to work as a company executive.
3. Do you have a record of extraordinary ability or significant achievements in your field? These achievements may qualify you for the O-1A visa.
4. Can you invest $800,000 or $1,050,000 in a U.S. business and meet the job-creation requirements? In this case, the EB-5 immigrant investor program could be the easiest way to immigrate to the U.S.

1. The E-2 Treaty Investor Visa

If you are a citizen of a treaty country (such as Canada, Mexico, Israel, the UK, etc), then you may be eligible for the E-2 treaty investor visa program. (Check whether your country qualifies for the E-2 visa by viewing the U.S. Department of State’s list of treaty countries here).

What is the E-2 Visa?

The E-2 treaty investor visa allows citizens of qualifying treaty countries to come to the United States to develop and operate a U.S. business in which they have made a substantial investment.

There is no fixed minimum investment amount required. Instead, the investment must be substantial compared to the type and cost of the business. This may be satisfied with a $50,000 to $100,000 investment depending on the nature of your business.

The investor must be prepared to demonstrate the lawful source of the funds used for investment in the business. For example, if the source of the investment amount is income earned from salary, the investor must show proof of the income accumulation from salary (bank account statements, pay slips etc.) as well as relevant income tax returns during the period the income was earned. If the investment was earned through the sale of property, the investor must document the source of funds for the initial purchase of the property, and money earned from the eventual sale.

You Must Play an Active Role in Your Business

The E-2 visa is designed for investors who will actively develop and direct their U.S. business. In other words, you cannot simply make a passive investment and have no involvement in the company. You must be coming to the United States to oversee the business, make important decisions, and play an active role in its operations and growth.

How long is the E-2 visa valid?

The length of the visa depends on the investor’s country of nationality and the U.S. visa reciprocity schedule. For example, E-2 visas for Mexican nationals are issued for up to four years, while E-2 visas for Israeli nationals are issued for only 2 years.

Regardless of the length of the visa, each time an E-2 investor enters the United States, they are generally admitted for up to two years. E-2 status can also be extended in two-year increments as long as the investor and business continue to qualify.

Can your family come with you?

Yes. Your spouse and unmarried children under 21 can receive E-2 dependent status and live with you in the United States.

Can your spouse work?

Yes. E-2 spouses are generally authorized to work in the United States based on their “E2S” status and are not limited to working for the E-2 business. They can work for any U.S. employer.

Can your children attend school?

Children in E-2 dependent status can attend school in the United States, but they are generally not authorized to work based solely on their E-2 dependent status.

Can you apply for a green card?

The E-2 visa itself does not automatically lead to permanent residence. The person must qualify under a separate immigrant category, such as EB-1A, EB-2 National Interest Waiver, EB-5 investor, employment sponsorship, or a family-based petition.

Common Reasons for Denials

One common reason for an E-2 visa denial is that the investment funds are not truly “at risk.” Simply having money in a bank account or planning to invest it later is generally not enough.

The funds must be committed to the business and subject to potential financial loss if the business fails.

Another common issue is the source of the investment funds. The investor must be able to show that the money came from a lawful and legitimate source. Funds connected to unlawful activity, or funds that cannot be properly documented, can create serious problems for the application.

2. The L-1A Visa for Company Executives or Managers

The L-1 visa allows a foreign company to transfer certain employees to a related U.S. company. It can also be used to open a new U.S. office.

There are two types:

• L-1A: for managers and executives
• L-1B: for employees with specialized knowledge

For business owners and founders, the L-1A is usually the more relevant option.

You Must Have a Qualifying Foreign Business

The foreign company and the U.S. company must have a qualifying relationship, such as parent, subsidiary, branch, or affiliate.

The foreign company must also continue doing business while you are in the United States.

You Must Have Worked for the Foreign Company

You generally must have worked for the foreign company for at least one continuous year within the previous three years.

For an L-1A, your role abroad and in the United States must generally be managerial or executive.

Opening a New U.S. Office

A foreign company can use the L-1A to open a new U.S. office.

The company must show that it has secured business premises and has the financial ability to support the new operation.

Within one year, the U.S. business must be able to support a managerial or executive position.

How long is the L-1 visa valid?

For a new office, the initial approval is generally limited to one year. L-1A status can generally be extended for a maximum total of seven years.

Can your family come with you?

Yes. Your spouse and unmarried children under 21 can come to the United States in L-2 status.

Can your spouse work?

Yes. L-2 spouses are generally authorized to work in the United States and may work for any U.S. employer.

Can your children attend school?

Yes. Children in L-2 status can attend school, but they are generally not authorized to work based solely on their dependent status.

Common Reasons for Denials

Common issues include failing to prove the relationship between the foreign and U.S. companies, failing to prove the required one year of employment abroad, or failing to show that the U.S. position is truly managerial or executive.

For new offices, weak business plans, insufficient staffing, or lack of evidence that the business can support a managerial position may also lead to denial.

How Can an L-1A Holder Get a Green Card?

Many L-1A managers and executives may qualify for a green card through the EB-1C Multinational Manager or Executive category. Unlike many employment-based green cards, EB-1C does not require PERM labor certification.

The U.S. company first files Form I-140. Once a green card is available under the Visa Bulletin, the L-1A holder may file Form I-485 to adjust status in the United States. If the category is current, the I-140 and I-485 may sometimes be filed at the same time.

3. The O-1 Visa for Individuals of Extraordinary Ability

The O-1A visa is for individuals with extraordinary ability in business, science, education, or athletics who want to work in the United States in their area of expertise.

For entrepreneurs and founders, the O-1A can allow you to come to the United States to work for and help grow your own company. Unlike the E-2 visa, there is no nationality requirement or minimum investment amount.

Company Sponsorship Requirement

An O-1A beneficiary cannot directly self-petition, but a separate U.S. legal entity, such as a corporation or LLC owned by the founder, may file the petition on their behalf.

You Must Show Extraordinary Ability

To qualify, you must demonstrate that you have risen to the top of your field and have received national or international recognition for your achievements.

Generally, you must show evidence of a major internationally recognized award or satisfy at least three of eight criteria, such as:

• Awards or prizes
• Published articles about you or your work
• Membership in selective professional organizations
• Judging the work of others
• Significant original contributions to your field
• A critical role for distinguished organizations
• High compensation
• Authorship of professional or scholarly articles

Meeting three criteria does not automatically guarantee approval. USCIS also considers the overall strength of the evidence.

How long is the O-1A visa valid?

O-1A status may initially be granted for up to three years based on the time needed to complete the work.

Extensions may generally be granted in one-year increments when needed to continue the same activities.

Can your family come with you?

Yes. Your spouse and unmarried children under 21 can accompany you to the United States in O-3 dependent status.

Can your spouse work?

No. Unlike E-2 and L-2 spouses, an O-3 spouse is not authorized to work in the United States based on O-3 status.

Can your children attend school?

Yes. Children in O-3 status can attend school in the United States, but they are not authorized to work based solely on their O-3 status.

Common Reasons for Denials

A common reason for denial is insufficient evidence that the applicant has reached the top of their field. Simply being successful, owning a profitable company, or holding the title of CEO is not enough.

Other problems include weak documentation of achievements, evidence that does not show national or international recognition, or failing to show that the proposed U.S. work is connected to the applicant’s area of extraordinary ability.

How Can an O-1A Visa Holder Get a Green Card?

An O-1A visa does not automatically lead to a green card, but many O-1A holders may qualify through the EB-1A Extraordinary Ability category. EB-1A has similar, but generally more demanding, standards and allows applicants to self-petition without a job offer or PERM labor certification.

Depending on the person’s background and work, other possible options may include the EB-2 National Interest Waiver, employer sponsorship, or a family-based green card.

4. The EB-5 Immigrant Investor Program?

The EB-5 program allows foreign investors to obtain a U.S. green card by making a qualifying investment in a U.S. business and creating jobs for U.S. workers.

Unlike the above visas, the EB-5 is an immigrant visa that provides a direct path to permanent residence.

How Much Do You Need to Invest?

The minimum investment is generally:

• $800,000 if the investment is made in a qualifying targeted employment area; or
• $1,050,000 for other qualifying investments.

The investment must be placed at risk in the business.

You Must Create Jobs

The investment must create at least 10 full-time jobs for qualifying U.S. workers.

For a direct EB-5 investment, these jobs are generally created by the business itself. Regional center investments may also qualify based on indirect job creation.

You Must Prove the Source of Your Investment

Like the E-2 visa, the investor must show that the investment funds came from a lawful source.

For example, funds may come from employment income, business income, the sale of property, investments, gifts, or other lawful sources. The investor must provide documents tracing the money from its original source to the EB-5 investment.

Do You Have to Run the Business?

The EB-5 program does not require the same level of day-to-day involvement as the E-2 visa.

Investors may invest directly into their own business or through an approved regional center project.

Can Your Family Come With You?

Yes. Your spouse and unmarried children under 21 may qualify for green cards with you.

Can Your Spouse Work While the Green Card Is Pending?

Yes. If your spouse filed Form I-765 with the pending I-485 application, they may work in the United States once the employment authorization document (EAD) is approved. The EAD generally allows them to work for any U.S. employer or operate their own business while the green card application is pending.

Can Your Children Attend School While the Green Card Is Pending?

Yes. Children with pending I-485 applications may attend school in the United States while their green card applications are being processed.

Is the Green Card Permanent Right Away?

Initially, the investor and qualifying family members receive conditional permanent residence for two years.

The investor later files Form I-829 to remove the conditions. The investor must generally show that the required investment was made and that the required jobs were created or are expected to be created within the permitted timeframe.

Once the conditions are removed, the investor and qualifying family members become permanent green card holders.

Common Reasons for Denials

Common problems include failing to prove the lawful source and path of the investment funds, failing to place the required capital at risk, or failing to demonstrate that the investment will create the required 10 jobs.

Ready to Start Your Business in the United States?

Choosing the right immigration strategy may depend on your nationality, business background, investment ability, and long-term goals. Whether you are investing in a new business, expanding an existing company, or qualifying based on your professional achievements, the E-2, L-1A, O-1A, and EB-5 each offer different paths to living and working in the United States.

If you are considering starting or expanding a business in the United States, contact our office to discuss your options and determine which visa strategy may be the best fit for you and your family.

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

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