Articles Posted in Family Visas

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

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

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

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

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

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 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.

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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.

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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

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USCIS may not be denying your green card case — but it may be quietly putting it on hold.

As of December 2, 2025, USCIS and the State Department began a new “hold and review” process for certain immigration applications filed by individuals from 39 countries – suspending the issuance of visas and green cards for all applicants for an uncertain period of time. Under this policy, officers are expected to pause final decisions while enhanced security vetting processes are established by the government.

For applicants, that means one thing: more delays and uncertainty.

If your case was moving forward, your fingerprints were already taken, or you were expecting an interview soon, this sudden pause could explain why everything has gone silent.

In this update, we break down what USCIS’s “hold and review” policy means, who may be affected, whether you need to take action, and what applicants should watch for next.

Why is there a “hold and review” policy?

In June and December 2025, the President issued various executive orders, imposing immigration restrictions affecting individuals from 39 countries. The ban affects their ability to enter the United States, receive U.S. visas, and obtain immigration benefits through agencies like USCIS and the Department of State via Consular processing.

The affected countries include Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma, Burundi, Chad, Cote d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Republic of the Congo, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, The Gambia, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, Zimbabwe, and individuals holding Palestinian-Authority-issued travel documents.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the May 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.

            Highlights of the May 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

EB-3 Other Workers

  • Worldwide and Mexico will advance 3 months to February 1, 2022

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

  • EB-5 China will advance 3 weeks to September 22, 2016

Dates for Filing Advancements

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

  • EB-5 China will advance 4 months to March 1, 2017

Family-Sponsored Categories

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the April 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.

USCIS Adjustment of Status

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

Highlights of the April 2026 Visa Bulletin

At a Glance

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

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 and China will advance one month to April 1, 2023
  • All other countries will remain current

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

  • EB-2 India will advance 10 months to July 15, 2014
  • Except China, all other countries (Worldwide, Mexico, Philippines) will become current

*Note, there is an immigrant visa freeze for all countries subject to the 75-country ban on immigrant visa issuance. Lawsuits opposing the freeze are currently pending. 

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Immigration policy has been changing quickly in 2026, and many immigrants are understandably worried about what these developments mean for their future in the United States. News headlines about tougher immigration policies have created confusion, and in some cases, unnecessary fear.

In this video, we break down what has actually changed under recent policies, and just as importantly, what has not changed in U.S. immigration law.

#1 Green Card Holders Are Protected

Here are the facts:

  • Individuals who hold a Green Card have the legal right to live and work permanently in the United States.
  • Their status cannot be taken away arbitrarily by immigration authorities.
  • In most cases, a permanent resident can only lose their status through formal removal proceedings before an immigration judge.
  • Loss of permanent resident status typically occurs only under specific circumstances, such as certain criminal convictions, immigration fraud, or abandoning residence by staying outside the U.S. for extended periods.
  • Despite recent immigration policy discussions and media coverage, the core legal protections for Green Card holders remain in place.

#2 Laws Don’t Change Overnight

U.S. immigration laws cannot change instantly. Most changes must be approved by Congress or a formal regulatory process. Even when new policies are announced, they typically take months or years to implement.

Additionally, major immigration changes require public notice and comment periods.  This means members of the public are given advance notice before significant rules take effect, and the government must take their feedback into account before reaching a decision.

Furthermore, not every announcement or headline represents a new law—many are simply policy proposals or enforcement priorities.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the March 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 in the new year.

USCIS Adjustment of Status

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

Highlights of the March 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

  • EB-1 India and China will advance one month to March 1, 2023

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

  • EB-2 India will advance 2 months to September 15, 2013
  • EB-2 Except China, all other countries will advance 6.5 months to October 15, 2024

EB-3 Professionals and Skilled Workers

  • EB-3 Philippines will advance 2 months to August 1, 2023
  • EB-3 Mexico and Worldwide will advance 4 months to October 1, 2023

EB-3 Other Workers

  • EB-3 Mexico, Philippines, and Worldwide will advance 2 months to November 1, 2021

EB-4 Special Immigrants

  • All countries will advance 6.4 months to July 15, 2021

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If you’re a U.S. citizen hoping to sponsor your brother or sister for a green card in 2026, patience is essential. Unlike spouses or parents, siblings fall into a backlogged family preference category that can take many years (sometimes decades) to move forward.

Here’s what actually controls the timeline, how long you should realistically expect to wait, what you can do to speed up the process, and other alternatives.

The Harsh Reality

As of 2026, the reality for U.S. citizens sponsoring a sibling is that processing times move very slowly. After you file Form I-130 to establish your sibling relationship, it can take years for USCIS to approve the petition, but the longest delay comes after approval.

Because siblings fall under the Family Fourth Preference (F4) category with strict annual limits, most applicants face backlogs that push total wait times from 8 to 14 years, before a visa becomes available. For countries with especially high demand, such as Mexico and the Philippines, the wait can approach or exceed two decades.

The harsh reality is that major life milestones for both you and your sibling may pass before they are finally able to immigrate to the United States.

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