Articles Posted in Criminal Convictions

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

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

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

New Court Decision

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

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

Before Lau

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

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

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The new USCIS memo is finally showing its true colors.

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

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

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

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

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

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

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

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

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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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If you are an EB-2 or EB-3 visa holder waiting for your priority date to become current, you have already heard that in April the final action dates will become current for all countries except India and China.

This means that starting April 1st most individuals residing in the United States will be eligible to file their adjustment of status applications for permanent residence. As part of this process, applicants may file an application for temporary work authorization (Form I-765) or travel authorization (Form I-131). Once your green card application is filed with USCIS, you will not be able to travel abroad unless you have a valid, approved travel permit issued by USCIS.

Gathering Important Documents

Before filing, gather these six documents to avoid delays, minimize RFEs, and be ready to submit your green card application in April before your window of opportunity closes.

#1 Birth Documentation

Green card applicants must submit a birth certificate to USCIS or the National Visa Center that includes their full name, date and place of birth, parents’ names, and an official seal. If the document is not in English, a certified translation is required. You must also bring the original or a certified copy to your interview, if scheduled.

If you do not already have your birth certificate, it is important to obtain it as soon as possible.

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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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Still holding a green card in 2026? You might be missing out—big time. While lawful permanent residence offers stability, it also comes with limits that many immigrants don’t realize until it’s too late. From travel and tax exposure to voting rights and deportation risk, the gap between a green card and U.S. citizenship is wider than ever.

Here are five surprising differences that could make staying a permanent resident a costly mistake.

#1 Security & Deportation Concerns

One of the biggest risks of remaining a green card holder is that old criminal issues never truly disappear. Even offenses from years—or decades—ago can trigger detention or deportation if immigration laws or enforcement priorities shift.

Unlike U.S. citizens, permanent residents can be placed in removal proceedings based on past conduct—sometimes years later—making citizenship the only status that offers true long-term security from deportation. For example, a lawful permanent resident can now be detained without ever being convicted of a crime. Under the Laken Riley Act, non-citizens can face mandatory detention based solely on an arrest or charge, meaning an accusation alone can be enough to trigger custody.

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Navigating the U.S. immigration system is difficult enough — but what many people don’t realize is that even legal immigrants can face deportation for mistakes they never knew were serious.

From minor paperwork oversights to everyday misunderstandings of immigration rules, these pitfalls can put lawful status at risk without warning.

In this guide, we break down the 7 most common mistakes that get even legal immigrants deported — and number 4 surprised even us. Understanding these risks is essential to protecting your future in the United States.

Mistake #1 Crimes of Moral Turpitude

Certain offenses—known as crimes involving moral turpitude—carry especially harsh consequences, including deportation, even for green card holders.

These crimes typically involve conduct considered dishonest, deceptive, or morally unacceptable, such as fraud, theft, domestic violence, or certain assault-related offenses.

What complicates things further is that even a single conviction could trigger removal proceedings for permanent residents and nonimmigrant visa holders.

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If you’re a U.S. Green Card holder, you might think your permanent residency means smooth sailing through Customs and Border Protection (CBP) after returning from temporary foreign travel. But 2025 has brought some surprising developments that remind every lawful permanent resident (LPR) to be extra cautious. These changes might sound a little crazy—but ignoring them could cause big problems at the port of entry.

New CBP Policy—Mandatory Data Collection Practice

Starting December 26, 2025, CBP will roll out a new policy mandating the collection of biometric data from green card holders and noncitizens upon their entry to and departure from the United States.

This new policy requires all noncitizens, including green card holders, to have their photograph taken and potentially provide additional biometrics (such as fingerprints, iris scans, or voice prints) when entering or exiting the U.S. via land, sea or airports.

The regulation is intended to strengthen border security, reduce travel document fraud and ensure more accurate records of departures and arrivals; however, it also raises significant privacy considerations as agencies will collect, store, and process biometric data from large numbers of individuals.

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Recent changes to the green card application process have added new hurdles that could make interview approvals more difficult. In this blog, we’ll break down what these changes are and how they could affect your chances of success.

What’s changed?

  • USCIS officers now have expanded authority
  • Immigration officers have been granted law enforcement powers as federal agents
  • Increased ability to investigate immigration cases for fraud, misrepresentation, and other violations
  • Authority to refer cases for criminal prosecution
  • Power to arrest and detain applicants during green card interviews for violations

USCIS Shifts from Administrative to Law Enforcement Agency

For decades, U.S. Citizenship and Immigration Services (USCIS) has primarily served as an administrative agency. Its core function has been to process immigration benefits such as green cards, work permits, naturalization, and other legal status applications. USCIS operated separately from Immigration and Customs Enforcement (ICE), which is tasked with enforcing immigration laws, including detaining and removing individuals who are in violation. This separation reflected a clear distinction between those applying for lawful immigration benefits and those facing enforcement actions.

However, in recent months, USCIS policies have started to shift in a direction that aligns more closely with immigration enforcement. Officers within the agency are being granted expanded authority, including certain law enforcement powers. For example, USCIS officers now have increased discretion to investigate cases for fraud, misrepresentation, or other immigration violations — and in some cases, they may refer cases for prosecution or even detain applicants during in-person interviews for immigration violations.

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In a significant shift in immigration policy, U.S. Citizenship and Immigration Services (USCIS) now has the authority to deny green card applications outright—without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

In this video, attorney Jacob Sapochnick explains how this new change empowers USCIS officers to make immediate decisions when an application lacks sufficient initial evidence, potentially leaving applicants with fewer opportunities to correct mistakes or provide missing documentation.

This makes the application process more unforgiving and raises the stakes for submitting a thorough and complete green card application from the start. Here’s what you need to know about how this policy could impact your green card journey, and more importantly how to protect yourself.

What’s changed?

Previously, when a green card application was submitted with missing or insufficient information, USCIS would typically issue a Request for Evidence (RFE). This notice outlined the specific issues or missing documents and gave the applicant a chance to respond and provide the necessary information to support their case by the specified deadline.

The RFE process served as a safeguard, allowing applicants to correct honest mistakes or oversights before a final decision was made on their application.

Now, that safeguard is no longer guaranteed. Under new USCIS policies, officers can deny green card applications outright if they determine the initial submission lacks sufficient evidence, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

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