If you have a pending application with the U.S. Citizenship and Immigration Services (USCIS), it’s important to stay informed as policies continue to shift under the Trump administration.
Recent changes in immigration enforcement and USCIS procedures may directly affect how your application is reviewed, how long the process takes, and even whether additional information or interviews may be required.
Understanding these policy changes can help you better prepare, avoid unnecessary delays, and ensure that your application remains compliant with these changing policies.
Detentions at Green Card and Naturalization Interviews
Recent reports indicate a concerning trend of U.S. Immigration and Customs Enforcement (ICE) agents detaining individuals during green card and naturalization interviews at U.S. Citizenship and Immigration Services (USCIS) field offices.
Under the Trump administration, there has been an uptick in such incidents, raising alarm among the immigrant community. For instance, in April a Danish national and father of four, was arrested by ICE during his USCIS citizenship interview in Memphis, Tennessee, due to a missed paperwork deadline from 2015. Despite having no criminal record, he was denied bail and remains detained.
Similarly, a Palestinian student at Columbia University, was detained by ICE during his USCIS naturalization interview in Vermont. His arrest, reportedly linked to his pro-Palestinian activism, sparked legal challenges and debates over constitutional rights.
In a sharp escalation of his hardline immigration policies, President Trump has recently turned his attention toward lawful permanent residents, sparking alarm among green card holders with the right to live and work in the United States permanently.
While Trump’s immigration policies during his first term in office primarily targeted undocumented immigrants and asylum seekers, this time his administration is taking a more aggressive approach, aimed at even those who have followed legal pathways to U.S. permanent residency. By now you have seen the headlines in the news detailing heightened scrutiny and enforcement measures against green card holders by Immigration and Customs Enforcement (ICE).
Understanding why Trump is now targeting green card holders requires taking a closer look at his administration’s policies and what this means for the future of immigration under President Trump.
Overview
Under President Trump’s current administration, green card holders are being treated like guests, with the privilege of having the ability to live and work in the United States. But that privilege can be placed under scrutiny if lawful permanent residents violate their legal status.
This is because of the administration’s new “Catch and Revoke” policy, introduced by Secretary of State Marco Rubio, establishing a stringent “one-strike” rule targeting non-citizens, including green card holders, visa recipients, and parolees.
Under this new policy, any legal violation by non-citizens—ranging from minor infractions to more serious offenses—can lead to the immediate revocation of immigration status and potential deportation.
Over the past month, a new wave of visa revocations has caused panic among F-1 international students at college campuses nationwide.
In this video you will learn about what is happening, which students are being impacted, and how you can protect your immigration status moving forward.
Here’s What We Know
Without any prior notification, U.S. Immigration and Customs Enforcement (ICE) has been revoking visas and terminating SEVIS records for the following individuals:
Students who have had encounters with law enforcement
Students with criminal charges that have been dismissed
Students with very old misdemeanors pre-dating their most recent visa issuance
Students who have engaged in pro-Palestinian activism on college campuses and
Where the government learns that a student is working without lawful authorization
School officials first became aware of terminated F-1 student records after conducting routine checks of the Student & Exchange Visitor Information System (SEVIS). Still others became aware of their SEVIS termination after receiving an email directly from the State Department.
Why it’s Important
A student’s visa is the key that allows students to enter the United States, but their SEVIS record (known as Form I-20 Certificate of Eligibility for Nonimmigrant Student Status) is what determines their ability to remain inside the country. Students are allowed to remain until their “Admit Until Date” or D/S Duration of Status. This means a student can remain in the U.S. for as long as they comply with the terms of their F-1 visa.
Once an F-1 student’s SEVIS record is terminated, they automatically lose lawful status and are subject to removal from the United States if they do not leave the U.S. immediately. Under the Trump administration, F-1 visa holders admitted for “duration of status” begin accruing unlawful presence the day after their status ends.
You have just learned that your work visa petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Now you are ready to attend your Consular visa interview bringing you one step closer to achieving your dream of working in the United States.
Unfortunately, receiving a USCIS approval notice does not guarantee the successful issuance of a visa by the U.S. Consulate. In fact, for some unlucky few that fail to pass their visa interview, the U.S. government can still revoke or cancel a petition that was previously approved by USCIS.
What can you do in this situation? Is this the end of the road? Learn everything you need to know about this important subject in this video.
Overview
Can the State Department revoke a work visa petition that was previously approved by USCIS?
Unfortunately, yes. After receiving an approval notice from USCIS, work visa applicants must still attend an in-person Consular interview to demonstrate their eligibility for the visa classification they are seeking. A Consular officer will question the applicant further to ensure they qualify for the visa and may request further evidence.
The petition revocation process begins when the State Department returns the application to USCIS along with the results of any investigation they have conducted.
Once USCIS has received the returned petition and the results of the investigation, they will issue a Notice of Intent to Revoke (NOIR) to the petitioner of the previously approved petition. The NOIR will include details about USCIS’ plans to revoke the underlying petition, as well as the discovery of new, derogatory information leading to the visa denial. A statement of facts underlying the revocation will be provided along with any evidence supporting the revocation.
Have you ever wondered what to do if you are detained at a U.S. airport or port of entry while traveling as a green card holder?
In this video, you will learn about your rights as a green card holder and under what circumstances you can be detained by Customs and Border Protection (CBP) when re-entering from a trip overseas.
For more information, please continue watching this video.
Overview
What happens when a Green Card holder is detained at an airport or U.S. port of entry after returning from a trip overseas?
In recent months, green card holders have reported being detained at U.S. ports of entry after returning from overseas travel. Viral social media posts have told cautionary tales of individuals being taken to secondary inspection when passing through customs.
All travelers arriving at U.S. ports of entry are subject to inspection by Customs and Border Protection (CBP) officers to ensure compliance with immigration laws and regulations.
Unlike tourists and temporary visa holders, permanent residents (green card holders) are entitled to certain rights that others do not have. This includes the right to:
Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law
Be protected by all laws of the United States, your state of residence and local jurisdictions
When being questioned or detained by a CBP officer, permanent residents may:
Report the incident to their embassy or consulate
Request to speak with an attorney to discuss the legal consequences of detainment and/or green card revocation
Can ICE lawfully detain you if you have an immigration case pending with USCIS? In this video, attorney Jacob Sapochnick breaks down everything you need to know about this important topic, including your rights if an ICE agent visits your home or workplace.
To learn how to protect yourself, please keep on watching this video.
Overview
Q: Are undocumented immigrants at risk of deportation if they have a pending application or petition for an immigration benefit with the U.S. Citizenship or Immigration Services (USCIS) such as an I-130 petition, I-485 green card petition, I-360 VAWA petition, etc.?
Before we can answer this question, we must first consider how U.S. Immigration and Customs Enforcement (ICE) operates. ICE is a federal law enforcement agency operating under the Department of Homeland Security (DHS). Its primary purpose is to guard against crime at the border and enforce the nation’s immigration laws to prevent illegal immigration.
As a result, ICE agents can detain individuals that they believe are present in the United States in violation of the law. This includes individuals who overstayed their U.S. visa, those who entered the country without lawful inspection at a U.S. port of entry., and those who have committed certain immigration violations.
Therefore, having a pending application or petition for an immigration benefit with USCIS does not provide automatic protection from deportation. In fact, individuals may be detained at any stage of the immigration process.
Have you applied for an immigrant or nonimmigrant visa and received a notice of 221(g) administrative processing after your Consular visa interview? If so, then you won’t want to miss this important video explaining what administrative processing is all about and what you can expect during this process.
Overview
What is 221(g) Administrative Processing?
A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means that an applicant has not established eligibility for their visa to the satisfaction of the Consular officer.
Administrative processing is not a denial. It simply means that your visa has been temporarily refused by the Consular officer, because further review is needed before your visa can be approved. While a 221(g) refusal means that you are not eligible for a visa at this time, it is not the end of the road.
In fact, the majority of cases placed in administrative processing are released from administrative processing and are approved within 60 days of the visa interview. Often, a Consular officer may simply be waiting for the results of the applicant’s background check before they can provide clearance for the visa to be issued.
But for other more complicated cases, including those where concerns relating to fraud, criminal history, or national security concerns are involved, it can take several years before a case can be resolved. The timing of administrative processing will therefore depend on your individual circumstances and other complications rooted in your immigration history.
How do I know if I have been placed in 221(g) Administrative Processing?
Applicants who are placed in 221(g) administrative processing following their visa interview will typically receive a 221(g) notice from the Consular officer at the conclusion of the interview. The notice will indicate that further review is necessary before a final decision can be made, and in some circumstances the notice may request for an applicant to provide additional information or documentation such as travel history.
In this video, attorney Jacob Sapochnick discusses the new parole in place program for undocumented spouses and stepchildren of U.S. Citizens recently announced by the Biden administration.
In this video you will learn about the parole in place application process, who is eligible to apply, and what will happen to those with pending extreme hardship waivers with USCIS.
Overview
On August 19, 2024, the United States Citizenship and Immigration Services (USCIS) began accepting applications for parole in place for undocumented spouses and stepchildren of U.S. Citizens under a new program called Keeping Families Together.
The fee to apply for parole is $580. No fee waivers or fee exemptions are available for this process at this time.
What is parole in place?
Parole in place is a discretionary authorization issued for a 3-year period, that allows certain noncitizens who are present in the United States without admission or parole to become “applicants for admission.”
If granted parole, these individuals may apply for adjustment of status to lawful permanent residence (green card holder) during the parole period, without being required to leave the United States and be processed by a U.S. consulate overseas.
Previously, undocumented spouses of U.S. Citizens who entered without inspection, were required to travel outside the United States to legalize their status through an extreme hardship “waiver” process which required a face-to-face interview at a U.S. Consulate abroad. This process has been very challenging on families because approval of the hardship waiver can take several years and lead to prolonged family separation.
It is estimated that as many as 500,000 noncitizen spouses of U.S. citizens could be eligible for parole in place, and an additional 50,000 noncitizen stepchildren of U.S. citizens.
What are the eligibility requirements for parole in place?
To be considered for a discretionary grant of parole in place under Keeping Families Together, you must meet the following eligibility criteria:
If you are the noncitizen spouse of a U.S. citizen, you must:
Be present in the United States without admission or parole (entered without lawful inspection);
Have been continuously physically present in the United States since at least June 17, 2014, through the date of filing your request;
Have a legally valid marriage to a U.S. citizen on or before June 17, 2024;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
If you are the noncitizen stepchild of a U.S. citizen, you must:
Have been under the age of 21 and unmarried on June 17, 2024;
Be present in the United States without admission or parole (entered without lawful inspection);
Have been continuously physically present in the United States since at least June 17, 2024, through the date of filing your request;
Have a noncitizen parent who entered into a legally valid marriage with a U.S. citizen on or before June 17, 2024, and before your 18th birthday;
Have no disqualifying criminal history and otherwise not deemed to be a threat to public safety, national security, or border security*; and
Submit biometrics and undergo required background checks and national security and public safety vetting.
Please read the frequently asked questions on the USCIS webpage here.
In this video attorney Jacob Sapochnick touches upon an important debate in immigration law, is it better to keep your green card or apply for U.S. Citizenship once you are eligible to do so?
This video will explain the types of circumstances in which an individual may prefer to maintain his or her green card and opt out of becoming a U.S. Citizen.
To learn more about this important topic, please keep watching.
Overview
Differences between U.S. Citizenship versus Permanent Residence
U.S. Citizenship
Applying for U.S. Citizenship leads to a variety of legal rights and privileges that are not available to permanent residents (green card holders). For some, these benefits are a compelling reason to apply for citizenship to have access to the wide variety of opportunities that are only available to naturalized citizens.
Some of these benefits include but are not limited to:
Having the Right to Vote in state and federal elections
Applying to federal jobs that are only available to U.S. Citizens such as law enforcement positions, and occupations that require a high security clearance such as working in the defense industry or for the U.S. military
Sponsorship of Family Members: U.S. Citizens can petition to immigrate their immediate relatives to the United States without being subject to the numerical limitations of the Visa Bulletin. Permanent residents on the other hand may only petition for certain relatives and such applications are subject to numerical limitations.
International Travel Benefits: U.S. Citizens may also engage in international travel without having to worry about placing their legal status in jeopardy. Unlike citizens, permanent residents must maintain continuous residence and physical presence in the United States, or risk losing their immigration status
Criminal Offenses: Certain criminal offenses can lead to the deportation of a green card holder as well as other serious issues including being permanently barred from entering the U.S. that do not affect U.S. Citizens in the same manner.
Do you have a visa that has been pending for an unreasonable period at a U.S. Consulate or Embassy abroad, or perhaps that has been stuck in administrative processing for years with no decision? If so, you may be interested to learn of possible solutions to resolve your case matter.
In this video, attorney Jacob Sapochnick tells you everything you need to know about this important topic, including a discussion about the writ of mandamus lawsuit, and how it can help compel a decision in certain cases where there has been an unreasonable delay.
If you would like to know more about this topic, we invite you to watch our video.
Overview
Mandamus Lawsuits for Immigration Delays
A mandamus lawsuitalso known as a writ of mandamus, is filed in federal court to compel a government body to fulfill their legal duty, for instance by issuing a decision on a visa application or immigration benefit, that has been unreasonably delayed by the agency.
The purpose of the mandamus lawsuit is to hold the government accountable where they have failed to act, as required by U.S. immigration law, to make a decision on an application. In cases where the U.S. Citizenship and Immigration Services (USCIS) or the Department of State (DOS) has failed to fulfill its duty, the mandamus lawsuit may be appropriate to help move a case forward to its final decision.
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