Immigration Lawyer Blog

Pay $750 to Skip the Visa Line? The New U.S. Tourist Visa Rule Explained

Jacob Sapochnick — Mon, 20 Jul 2026 14:00:44 +0000

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.

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3 Proven Ways to Speed Up Your Visa Interview in 2026

Jacob Sapochnick — Mon, 13 Jul 2026 14:00:48 +0000

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.

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Green Card Holders: DO NOT TRAVEL With Pending Charges

Jacob Sapochnick — Mon, 06 Jul 2026 20:34:14 +0000

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.

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July 2026 Visa Bulletin Release: EB Retrogression & Family Trends Decoded

Jacob Sapochnick — Mon, 29 Jun 2026 14:00:34 +0000

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

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01JUN23	15OCT22	C	C
2nd	C	01SEP21	U	C	C
3rd	01AUG24	22DEC21	01JAN14	01AUG24	01AUG23
Other Workers	01MAR22	01APR19	01JAN14	01MAR22	01DEC21
4th	15SEP22	15SEP22	15SEP22	15SEP22	15SEP22
Certain Religious Workers	15SEP22	15SEP22	15SEP22	15SEP22	15SEP22
5th Unreserved (including C5, T5, I5, R5, NU, RU)	C	01DEC16	U	C	C
5th Set Aside: Rural (20%, including NR, RR)	C	C	C	C	C
5th Set Aside: High Unemployment (10%, including NH, RH)	C	C	C	C	C
5th Set Aside: Infrastructure (2%, including RI)	C	C	C	C

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

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01DEC23	01DEC23	C	C
2nd	C	01JAN22	15JAN15	C	C
3rd	C	01JAN22	15JAN15	C	01JAN24
Other Workers	01AUG22	01OCT19	15JAN15	01AUG22	01AUG22
4th	01JAN23	01JAN23	01JAN23	01JAN23	01JAN23
Certain Religious Workers	01JAN23	01JAN23	01JAN23	01JAN23	01JAN23
5th Unreserved (including C5, T5, I5, R5)	C	01MAR17	01MAY24	C	C
5th Set Aside: (Rural: NR, RR – 20%)	C	C	C	C	C
5th Set Aside: (High Unemployment: NH, RH – 10%)	C	C	C	C	C
5th Set Aside: (Infrastructure: RI – 2%)	C	C	C	C	C

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

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	01FEB18	01FEB18	01FEB18	08NOV07	01MAY13
F2A	01JAN25	01JAN25	01JAN25	01JAN24	01JAN25
F2B	22NOV17	22NOV17	22NOV17	15FEB09	15MAY13
F3	15APR12	15APR12	15APR12	01JUN01	22FEB06
F4	01JAN09	01JAN09	01NOV06	08APR01	01AUG07

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

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01JAN19	01JAN19	01JAN19	01OCT08	22APR15
F2A	C	C	C	C	C
F2B	08JUN18	08JUN18	08JUN18	15MAY10	01OCT13
F3	08DEC12	08DEC12	08DEC12	15JUL01	08AUG06
F4	01MAR10	01MAR10	15DEC06	30APR01	22MAR08

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.

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NEW 2026 Memo Update: USCIS Just Denied My Client’s Green Card after F1 Visa overstay!!

Jacob Sapochnick — Mon, 22 Jun 2026 14:00:31 +0000

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:

Michael abandoned his student status
He overstayed after falling out of F-1 status and
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:

Violations of immigration laws or conditions of immigration status held by the applicant
Current or previous instances of fraud
False testimony in dealings with USCIS or any government agency
Whether an alien’s application for admission or parole violated the laws in place at the time the violation occurred
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.

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USCIS Forced to Resume Visas & Green Cards for 39 Countries- What It Means NOW!

Jacob Sapochnick — Mon, 15 Jun 2026 22:32:11 +0000

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.

Additionally, the judge’s order does not affect the separate temporary suspension of immigrant visa processing for nationals of 75 countries, which remains in effect.

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.

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The New USCIS Memo MESSED UP Most Green Card Applications in America – What You Must Know Now

Jacob Sapochnick — Mon, 08 Jun 2026 14:00:30 +0000

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.

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The Death of Adjustment of Status? New May 2026 USCIS Memo EXPOSED

Jacob Sapochnick — Mon, 01 Jun 2026 21:27:39 +0000

If you’re in the United States on a temporary visa and hope to become a permanent resident, recent changes in how USCIS reviews green card applications could impact your case.

On May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) announced that temporary visa holders seeking green cards should leave the United States and complete their immigration process through consular processing in their home countries, instead of applying for adjustment of status.

Does this mean adjustment of status is no longer an option? No. Although the government has emphasized that individuals seeking to immigrate to the United States should generally obtain immigrant visas through consular processing abroad, adjustment of status remains available as a discretionary pathway to lawful permanent residence.

What is Adjustment of Status?

For years, adjustment of status has been one of the most commonly used and reliable pathways for immigrants already living in the United States to apply for a green card. The process typically involves filing Form I-485, remaining in the United States while the application is pending, attending an interview, and ultimately receiving a final decision.

With limited exceptions, adjustment of status is generally not available for those who entered the country illegally.

USCIS’ announcement has not eliminated the ability to apply for adjustment of status, but the agency has created new obstacles for green card holders to obtain approval.

Totality of the Circumstances Analysis

What’s changed?

When someone files an adjustment of status application, USCIS officers will conduct a totality of the circumstances analysis, considering both positive and negative factors before making a final decision to approve an application.

Among the factors officers must consider include the applicant’s family ties in the U.S., hardships to close family members in the U.S. such as spouse and children, immigration history, moral character, and other relevant circumstances.

Negative factors that may weigh against approval include immigration status violations, fraud or misrepresentation, false statements made to immigration or government officials, prior immigration law violations, failure to depart the U.S. at the end of your authorized stay, and conduct inconsistent with the stated purpose for entering or remaining in the United States.

USCIS Begins Requesting Additional Evidence

USCIS has already begun issuing Requests for Evidence (RFEs) in some adjustment of status cases, seeking additional documentation to support favorable discretionary factors.

These RFEs may request evidence of family ties, community involvement, employment history, good moral character, or other equities that demonstrate why the applicant merits a favorable exercise of discretion. As a result, applicants should be prepared to provide comprehensive evidence highlighting the positive factors in their case.

At green card interviews, USCIS officers have also started asking applicants why they did not pursue consular processing abroad. In cases involving overstays, officers are inquiring about the reasons applicants remained in the United States after their authorized period of stay expired. Applicants have also been asked to provide documentation demonstrating potential hardships to qualifying family members such as U.S. Citizen spouses and children.

What this means for applicants

A green card case that was previously a strong filing will now require more evidence of your positive contributions moving forward, including documentation of community involvement, family ties, and compliance with all applicable laws.

Officers may look back at your full immigration history—how you entered the country, what you disclosed during consular processing, any gaps in status, unauthorized employment, changes in visa type that may raise concerns, and any inconsistencies or misrepresentations, even if they occurred long ago. Such factors may determine whether your application is approved or denied.

Those with a complex immigration history may need to carefully assess whether pursuing an immigrant visa through consular processing in their home country is a more appropriate option, given the increased scrutiny of applications.

That said, eligible applicants can still pursue adjustment of status. Officers are required to provide written reasons for any denial, and applicants are still entitled to due process.

The Bottom Line

Before submitting an application, it is important to consult with an immigration attorney to help you prepare a strong filing and assess any potential risks associated with applying for adjustment of status in the United States.

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

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USCIS Just Unfroze Green Cards some Immigrants- But Left Everyone Else Waiting

Jacob Sapochnick — Tue, 26 May 2026 14:00:46 +0000

U.S. Citizenship and Immigration Services recently announced that it will lift holds on the adjudication of green cards and other immigration-benefit requests for a select group of individuals.

As part of these exemptions, USCIS has lifted holds on some family petitions filed by U.S. citizens, intercountry adoptions, rescheduled naturalization oath ceremonies, asylum applications from lower-risk countries, work authorization requests, special immigrant visas, refugee registrations for South African nationals, applications associated with medical physicians, and cases that completed enhanced security vetting through Operation PARRIS.

This means that nationals who were previously subject to the “75-country pause” are no longer affected by the suspension and may resume normal processing of their immigration applications if they fall within one of the above categories.

Unfortunately, if you do not fall within one of the exempted categories, the adjudication of your green card and immigrant visa application will remain on hold.

The 75-Country Pause Explained

The policy—an indefinite suspension imposed by the Department of State—had temporarily halted the issuance of immigrant visas and green cards for individuals from 75 designated countries, although applicants were still permitted to attend already scheduled interviews.

With the pause lifted for these affected nationals, cases can now move forward through the remaining stages of adjudication, including final review and visa issuance, where applicable, without the prior restriction on approval and processing.

Medical Doctors Exempted from Visa Hold

This announcement is great news for medical doctors with pending green card applications at USCIS or those awaiting immigrant visa interviews at U.S. consulates. USCIS and the Department of State are prioritizing physicians due to their critical role in addressing ongoing healthcare workforce shortages, ensuring continuity of patient care, and supporting access to medical services in underserved and high-need areas.

Potential Future Exemptions for Critical Workforce

While not certain, the exemption for medical doctors suggests the government may be open to extending similar relief to other workers in critical occupations, particularly in healthcare and STEM fields.

These may include engineers, nurses, scientists, and innovators, all of whom support essential sectors in the national interest of the United States.

Although current exemptions remain limited, additional professional categories could be added in the future as the government addresses critical shortages and workforce needs across key industries.

Looking Ahead

Applicants who remain subject to the visa pause should continue to monitor official USCIS and Department of State updates, as additional exemptions or policy changes may be announced. Processing timelines for these cases remain uncertain, and movement will depend on future guidance and security vetting outcomes.

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Trump’s $72 Billion Immigration Enforcement Bill Explained: Deportations, Border, and Your Status

Jacob Sapochnick — Mon, 18 May 2026 23:14:09 +0000

The Republican-backed Senate has just introduced a $72 billion immigration enforcement bill— a massive federal spending package focused on expanding immigration enforcement across the United States.

Republicans are using the budget reconciliation process, allowing the bill to pass with a simple majority vote and avoid a Democratic filibuster. However, the legislation has encountered procedural obstacles after the Senate parliamentarian ruled that parts of the proposal violated Senate reconciliation rules.

The key provisions of the spending proposal include:

Immigration & Customs Enforcement (ICE): Over $38 billion for ICE operations, expanded detention capacity, deportation flights, and artificial intelligence capabilities.
Customs & Border Protection (CBP): $26 billion for border security and patrol operations.
Department of Homeland Security (DHS): $5 billion designated to remove individuals who do not qualify for benefits.
Department of Justice (DOJ): $1.5 billion to hire more judges and increase prosecutions.
White House Upgrades: An additional $1 billion set aside for the Secret Service to make security upgrades for the President and his cabinet

How Could These Provisions Affect Green Card and Immigration Benefit Processing?

1. Increased Enforcement and Deportations

The bill would dramatically expand immigration enforcement across the country. Individuals living in the United States without legal status, those with final removal orders, or immigrants with criminal records — even for relatively minor offenses — could face a higher risk of detention and deportation. With billions in additional funding, immigration agencies would gain more officers, detention space, surveillance tools, and operational resources to carry out large-scale enforcement actions. The proposal also increases detention capacity quotas, signaling a significant rise in arrests and removals.

2. Longer Delays for Visas and Green Cards

The bill does not create any new visas or provide a pathway to legalization. Instead, it heavily prioritizes spending for immigration enforcement. As agencies like USCIS shift personnel and funding toward fraud investigations, compliance reviews, and enforcement operations, fewer resources will be available to process immigration benefits.

Applicants filing forms such as the I-130 Petition for Alien Relative, adjustment of status applications, naturalization applications (N-400), and employment-based petitions could face significantly longer processing times. Family-based and business immigration cases inside the United States may move more slowly as adjudication resources are redirected toward enforcement priorities.

Consular processing abroad could also experience delays. While the State Department may receive additional funding, much of it is expected to focus on fraud detection, security screening, and enforcement-related initiatives such as investment in AI tools, rather than speeding up visa approvals and interviews.

3. Stricter Border Enforcement and Asylum Restrictions

The bill could significantly expand border security through increased surveillance technology, screening measures, and enforcement operations, making it more difficult for migrants to enter the United States — even for the purpose of seeking asylum. Because asylum claims generally must be made while physically present in the United States or at a U.S. port of entry, tighter border controls could reduce access to humanitarian protections.

At the same time, visa applicants abroad may face heightened scrutiny during consular interviews. Applicants could be questioned about whether they have experienced persecution or fear returning to their home country. If they answer yes, their visa application could be denied. But if they answer no and later seek asylum in the United States, immigration authorities may later use those prior statements to challenge the credibility of their asylum claim.

Overall, this could make asylum claims far more difficult to pursue successfully.

4. Legal Immigrant Sponsors Could Face More Scrutiny

Families and employers sponsoring immigrants should expect tougher enforcement measures. Public charge rules for green card applicants could expand, while companies sponsoring workers on H-1B, L-1, and other employment visas may face increased audits, fraud investigations, workplace inspections, and immigration raids.

5. Funding Locked In Through 2029

The proposal would provide immigration enforcement agencies with funding through 2029, allowing expanded deportation operations and border enforcement efforts to continue for years with reduced congressional oversight.

The Bottom Line

If passed, Trump’s $72 billion immigration enforcement bill could divert resources toward enforcement for years to come. A simple majority vote is all that is needed, which could occur in the months ahead.

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