The sudden closure has caused uncertainty for thousands of immigrants whose cases were pending in San Francisco.

Immigration courts handle deportation proceedings, asylum claims, and other immigration-related hearings.

But is adjustment of status completely off the table? No. While the government has made clear that individuals intending to immigrate to the United States are generally expected to pursue immigrant visas abroad, adjustment of status remains a discretionary pathway to a green card.

When deciding whether to exercise discretion to grant adjustment of status in the United States, USCIS officers will apply a “totality of the circumstances” analysis, weighing both favorable and unfavorable factors before reaching a decision.

Overview

For decades, Adjustment of Status has been one of the most reliable pathways to apply for a green card for immigrants already living in the U.S., who entered the country lawfully. This process has involved filing the I-485, remaining in the country while the green card case is pending, waiting for an interview, and receiving a final approval.

The ability to apply for adjustment of status has not been taken away with today’s announcement, however, the sense of security that applicants once had has been blurred.

The Policy Memorandum

In its policy memorandum, the government stressed that individuals admitted to the United States on temporary visas (tourist, student, work visas, etc.) are generally expected to leave the country rather than pursue Adjustment of Status from inside the U.S.

Instead, those wishing to remain in the U.S. permanently are expected to apply for an immigrant visa from abroad. But today’s announcement does not prevent those who qualify from seeking adjustment of status, although applicants should exercise greater caution and understand that certain factors may negatively affect their chances of approval.

Policy Changes

When exercising their discretion to approve a green card application, USCIS officers will conduct a totality of the circumstances analysis, balancing both positive and negative factors before making a final decision.

It is important to note that none of these factors are new. They reflect longstanding policies that have been in place for decades. Today’s memo simply reiterates officers’ existing duties when determining whether to grant adjustment of status as a discretionary benefit.

The factors that may negatively affect approval include:

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

Failure to comply with the terms of nonimmigrant admission or parole is weighed the most heavily, including remaining in the United States beyond the period of authorized stay—where the overstay reflects an intent to reside permanently in the U.S. despite the availability of the regular immigrant visa process abroad.

Officers are also reminded to consider the following factors, when assessing the totality of the circumstances:

1. Family ties
2. Immigration status and history
3. The applicant’s moral character
4. Any other relevant factor that bears on determining whether the alien warrants a favorable exercise of discretion

What this means for you

A green card case that might have looked like a strong filing in the past may require a much stronger evidentiary package from this point forward, including proof of community involvement, proof that you are abiding by all laws, and other documentation demonstrating positive contributions.

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 will be reassessed in the officer’s discretionary analysis.

For those who have not yet filed, the choice of applying for a green card in the U.S. has become more difficult. The government has made clear that it favors applicants returning to their home country to pursue their immigrant visa abroad, but seeking adjustment of status remains a viable option. For those with any flaws in their record, applying abroad may be a better choice due to closer scrutiny of cases filed with adjustment of status.

The bottom line is that eligible applicants can still apply for adjustment of status. Officers must provide written explanations for any denial, and applicants are still entitled to due process.

Looking Ahead

It is highly likely that those who are denied adjustment of status in the coming months will bring lawsuits in federal court. This could trigger a wave of litigation that could delay implementation of these policies while courts consider the merits of any lawsuits.

The Law Offices of Jacob J. Sapochnick is closely monitoring these developments and will provide further updates on our blog.

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

Helpful Links

• U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances
• Policy Memorandum 
• June Visa Bulletin
• Adjustment of Status Filing Dates from Visa Bulletin
• Know your Rights if ICE visits your home or workplace
• Know your Rights Card (English)
• Know your Rights Card (Spanish)
• ICE Online Detainee Locator System
• ICE Immigration Detention Facilities
• USCIS Processing Times
• ImmigrationLawyerBlog
• ImmigrationU Membership 
• Success stories
• Youtube channel 

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Recent cases suggest that adjudicators are looking beyond traditional EB-5 requirements—such as lawful source of funds and job creation—and are instead placing greater emphasis on national security concerns, including potential connections to Chinese companies involved in telecommunications, artificial intelligence, cybersecurity, and data infrastructure.

Applicants who have worked for or are affiliated with major firms and universities associated with China’s tech ecosystem may face additional background checks and requests for detailed disclosures about their employment history, organizational roles, and any perceived government or military links.

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 June, 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 June 2026 Visa Bulletin

At a Glance

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

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 retrogress 3.5 months to December 15, 2022
• Except China, all other countries remain current

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

• EB-2 India will retrogress 10.4 months to September 1, 2013
• Except China, all other countries remain current

EB-3 Professionals and Skilled Workers

• EB-3 India will advance 1 month to December 15, 2013
• EB-3 China will advance 1.5 months to August 1, 2021

EB-3 Other Workers

• EB-3 India will advance 1 month to December 15, 2013
• EB-3 China will advance 1.9 months to April 1, 2019

Dates for Filing Advancements

• No movement

Family-Sponsored Categories

Final Action Advancements

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

• F1 Mexico will advance 2.8 months to November 8, 2007

F-2A Spouses and Children of Permanent Residents

• F2A Mexico will advance 5 months to January 1, 2024
• F2A All other countries will advance 5 months to January 1, 2025

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

• F2B (Worldwide, China, India) will advance 4 months to September 22, 2017

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

• F4 (Worldwide and China) will advance 1.8 months to November 8, 2008

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 (Worldwide, China, India) will advance 2.6 months to March 22, 2018

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

• F4 (Worldwide and China) will advance 3.7 months to December 22, 2009

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 June.

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

• EB-1 China remains at April 1, 2023
• EB-1 India will retrogress 3.5 months to December 15, 2022
• All other countries will remain current

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

• EB-2 India will retrogress 10.4 months to September 1, 2013
• 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 1 month to December 15, 2013
• EB-3 China will advance 1.5 months to August 1, 2021
• EB-3 Philippines will remain at August 1, 2023
• All other countries (Worldwide and Mexico) will remain at June 1, 2024

EB-3 Other Workers

• EB-3 India will advance 1 month to December 15, 2013
• EB-3 China will advance 1.9 months to April 1, 2019
• EB-3 Philippines will remain at November 1, 2021
• All other countries (Worldwide, Mexico) will remain at February 1, 2022

EB-4 Special Immigrants and Religious Workers

• All countries will remain at July 15, 2022

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

• EB-5 India will remain at May 1, 2022
• EB-5 China will remain at September 22, 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 June.

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

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

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

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

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

EB-3 Professionals and Skilled Workers

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

EB-3 Other Workers

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

EB-4 Special Immigrants and Religious Workers

• EB-4 will remain at January 1, 2023

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

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

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

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

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

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

• F1 Mexico will advance 2.8 months to November 8, 2007
• F1 Philippines will remain at May 1, 2013
• F1 All other countries (Worldwide, China, and India) will remain at September 1, 2017

F-2A Spouses and Children of Permanent Residents

• F2A Mexico will advance 5 months to January 1, 2024
• F2A All other countries will advance 5 months to 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 remain at April 8, 2013
• F2B All other countries (Worldwide, China, India) will advance 4 months to September 22, 2017

F3 Married Sons and Daughters of U.S. Citizens 

• F3 Mexico will remain at May 1, 2001
• F3 Philippines will remain at November 22, 2005
• F3 All other countries (Worldwide, China, India) will remain at February 15, 2012

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

• F4 Mexico will remain at April 8, 2001
• F4 Philippines will remain at July 15, 2007
• F4 India will remain at November 1, 2006
• F4 All other countries (Worldwide and China) will advance 1.8 months to November 8, 2008

*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 June.

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
• All other countries (Worldwide, China, India) will remain at October 1, 2018

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
• F2B All other countries (Worldwide, China, India) will advance 2.6 months to March 22, 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
• F3 All other countries (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
• All other countries (Worldwide and China) will advance 3.7 months to December 22, 2009

*The bold represents the Visa Bulletin advancements

Conclusion

In the employment-based dates for filing there has been no movement compared to the May visa bulletin. In the final action dates, EB-1 India will retrogress by three and a half months to December 15, 2022, EB-2 India will retrogress more than 10 months to September 1, 2013. EB-3 India will advance 1 month to December 15, 2013. EB-3 China will advance 1.5 months to August 1, 2021, other workers will advance 1.9 months to April 1, 2019.

In the family-sponsored dates for filing, F2A all countries remain current, F2B Worldwide, China, and India, advance 2.6 months to March 22, 2018. F4 Worldwide and China advance 3.7 months to December 22, 2009.

In the final action chart, F1 Mexico advances 2.8 months to November 8, 2007. F2A Mexico advances 5 months to January 1, 2024. All other countries advance 5 months to January 1, 2025. F2B (Worldwide, China, India) advance 4 months to September 22, 2017. F4 Worldwide and China advance 1.8 months to November 8, 2008.

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

Helpful Links

• June Visa Bulletin
• May 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!

If finalized, the rule would affect students on F-1 visas, as well as some exchange visitors and foreign media. Under the current system, international students can remain in the U.S. for as long as they are enrolled full-time and comply with visa requirements.

The proposed change would instead impose a four-year stay limit before students would need to apply for a renewal of their status.

The Trump administration has quietly reversed a policy that threatened the jobs and immigration status of thousands of foreign doctors working in the United States.

Doctors from countries impacted by the administration’s expanded travel ban will once again be allowed to continue processing visa applications, work permits, and green card cases.

Earlier this year, the Department of Homeland Security implemented a freeze on immigration benefits for nationals from 39 countries. The policy placed many foreign physicians in legal limbo, forcing some hospitals to place doctors on administrative leave while others faced the possibility of losing their ability to work entirely.

The administration has now confirmed that applications associated with medical physicians will continue processing, exempting doctors from the immigration freeze. The change was made quietly, without a formal public announcement.

The update appeared on the USCIS webpage outlining its enhanced screening and vetting procedures which now indicates doctors are no longer subject to adjudicative processing holds:

“Internal Review Process

USCIS established an internal process for lifting holds on individual or group cases, requiring comprehensive review by multiple offices. Holds have been lifted for aliens vetted through Operation PARRIS, certain petitions filed by U.S. citizens, intercountry adoption forms, certain rescheduled oath ceremonies, statutory and regulatory decision issuance, refugee registrations for South African citizens/nationals, certain special immigrant visa petitions, certain employment authorization documents, and asylum applications from non high-risk countries, and applications associated with medical physicians….”

The reversal comes amid growing concerns about physician shortages across the United States. The country is currently facing a shortage of approximately 65,000 doctors, a number expected to increase significantly in the coming years as the population ages and more physicians retire. Foreign doctors make up roughly 25% of all doctors in the United States, with many serving in primary care and federally designated underserved communities.

More than 20 physician associations urged the administration to create a national-interest exemption for international doctors, warning that hospitals and vulnerable communities could face serious disruptions in care.

The policy had already affected many physicians personally and professionally. Some doctors from Africa, the Middle East, and Venezuela reportedly lost work authorization or faced detention due to delayed visa processing. Advocacy groups estimated that nearly 1,000 doctors completing medical residencies and fellowships this year were at risk of losing placements in underserved areas.

While the exemption offers relief to many physicians and healthcare employers, uncertainty surrounding travel bans and visa processing has created long-term instability for hospitals that rely on foreign medical graduates.

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

Helpful Links

• May 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!

According to the Washington Post, consular officers are now directed to ask nonimmigrant visa applicants whether they have been persecuted in their home country, or fear harm if they return.

That question may sound harmless, but the consequences are significant. If an applicant says they have suffered harm/mistreatment in their country, or fear harm/mistreatment in returning home, their visa could be denied. If they say they do not fear returning to their home country and later apply for asylum in the United States, the government may use that earlier answer against them. This creates a serious dilemma for people who may genuinely need protection in the future.

The policy appears designed to screen potential asylum claims before an applicant ever reaches U.S. soil. Under U.S. asylum law, a person generally must be physically present in the United States or arrive at a U.S. border to request asylum. By using the visa process to flag and deny applicants who may later seek protection, the government could stop some individuals from ever getting the chance to present their asylum claims.

This change could especially affect people from countries facing political violence, religious persecution, war, government abuse, or targeted discrimination. Students, tourists, workers, and business visitors may all face difficult questions if they have legitimate reasons to travel to the U.S. on temporary visas but also fear returning home.

Applicants should understand that anything said during a visa interview can become part of their immigration record. A single answer may later affect credibility, asylum eligibility, or future immigration benefits. Anyone with safety concerns in their home country should speak with an immigration attorney before attending a visa interview or filing an application.

In the end, this policy could become a major barrier for vulnerable people seeking protection. By turning fear of persecution into a reason to deny entry, the government risks closing the door on individuals who may never get a fair chance to explain why they need asylum.

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

Helpful Links

• May 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!

USCIS is expected to pause or delay adjudication of certain immigration benefit requests that require fingerprint-based background checks following the agency’s implementation of a new enhanced FBI security vetting process.

The new process became effective on April 27, 2026.

According to reports, USCIS officers have been directed to submit pending applications for enhanced FBI background checks and to withhold final adjudication until the required security clearances are completed.

The initial group of impacted cases is expected to include applications for which fingerprints were already collected and submitted before April 27, 2026.

At a Glance

Applications requiring fingerprint-based background checks may be subject to an adjudication pause for enhanced security checks, based on new USCIS internal guidance

Affected case types are expected to include adjustment of status, asylum, naturalization, family-based green card sponsorship petitions, and other immigration benefit requests requiring biometrics (fingerprints).

For pending cases where fingerprints were submitted before April 27, USCIS officers are expected to re-submit the fingerprints already on file through the new FBI system. Applicants generally should not be required to take further action unless specifically instructed by USCIS.

Newly filed cases received after April 27 may also be placed in a processing queue while USCIS works through the backlog of pending cases requiring re-vetting. At this time, one reported exception appears to be U.S. citizenship applications where oath ceremonies have already been scheduled.

Given the large volume of applications requiring fingerprint processing, the new vetting procedure is expected to result in adjudication delays. Although USCIS has reportedly stated that any delay in issuing decisions should be brief, the actual length of the delay remains unknown.

The Law Offices of Jacob Sapochnick is monitoring the situation closely pending an official announcement from USCIS.

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

Helpful Links

• Trump administration mandates enhanced security checks for immigration applicants
• May 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!

That security just got weaker.

On April 24, 2026, the Justice Department’s Board of Immigration Appeals issued a new precedent decision saying that DACA status alone is not enough to end deportation proceedings. The case involved Catalina “Xóchitl” Santiago, a DACA recipient whose removal case had been terminated by an immigration judge because her DACA protection was still active. DHS appealed — and won.

These cases may be assigned to prosecutors across 39 U.S. attorney’s offices, which could mean a sharp increase in denaturalization cases.

What’s Denaturalization?