Articles Posted in Denials

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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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As of August 2025, U.S. Citizenship and Immigration Services (USCIS) has resumed conducting personal investigations for certain naturalization applicants including home visits, neighborhood investigations, and visits at places of employment. These visits are part of the agency’s new efforts to verify the accuracy of information provided in citizenship applications and to prevent immigration fraud.

Highlights

  • Neighborhood Visit Policy Revived: USCIS has reinstated the neighborhood investigation policy after more than 30 years of limited or no enforcement.
  • Applies to Citizenship Applicants: This is a new development specifically affecting individuals applying for U.S. naturalization.
  • Focus on Verifying Eligibility: Neighborhood visits may be used to verify details such as residence, good moral character, and other naturalization requirements.
  • Supporting Documentation Encouraged: Applicants are advised to submit testimonial letters from neighbors, employers, or associates to potentially avoid in-person visits.

Policy Overview

Although neighborhood visits are not a new practice, they were generally suspended because USCIS relied on biometric checks and criminal history checks to determine an applicant’s good moral character and eligibility for naturalization. Their resurgence reflects a renewed emphasis on evaluating a person’s background to determine whether they possess “good moral character”—a requirement for citizenship. Officers may visit applicants’ residences to confirm details like physical presence, marital status (especially in spousal-based cases), and other eligibility requirements.

In practice, this is likely to occur if, after the USCIS citizenship interview, the officer remains unconvinced that the applicant demonstrates good moral character or meets other eligibility requirements.

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The U.S. Citizenship and Immigration Services (USCIS) has ramped up its enforcement efforts against individuals who have falsely claimed U.S. citizenship.

In a new policy memorandum issued on August 20, 2025, USCIS clarified that making a false claim to U.S. citizenship is a serious immigration violation that results in a permanent lifetime bar to adjustment of status—and, in most cases, there is no available waiver to overcome this ground of inadmissibility.

The policy memo explains that an immigration officer may find someone inadmissible for a false claim to U.S. citizenship, if the person made the claim with the subjective intent to gain a benefit or purpose under the Immigration and Nationality Act (INA) or any other federal or state law.

This requires an officer to consider direct or circumstantial evidence to determine whether the individual had the subjective intent to gain such a benefit or purpose based on the following factors: age, level of education, background, mental capacity, level of understanding, appreciation of the difference between truth and falsity, and other relevant circumstances.

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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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Navigating the U.S. immigration system can feel like walking through a legal minefield—especially when applying for a green card. What’s worse is that some of the most critical pitfalls are rarely discussed until it’s too late.

In this article, we’re uncovering five USCIS Green Card traps no one warns you about—from overlooked paperwork to silent deadlines that could derail your entire application.

Whether you’re applying through family, employment, or a special category, knowing these hidden risks could be the difference between receiving an approval or denial from USCIS.

#1 Incomplete or Incorrect Documents Submitted to USCIS

One of the most common and costly mistakes green card applicants make is submitting incomplete or incorrect documentation with your application. Even a small error, like a missing signature, outdated form version, or an incorrect fee, can result in delays, requests for evidence (RFEs), or even outright denial. Many applicants assume that minor details won’t matter, but USCIS officers are trained to scrutinize every page. Failing to double-check your forms, supporting documents, or filing fees can turn what should be a routine process into a months-long nightmare.

Real-Life Case Study: The Filing Fee Mistake That Led to Deportation

In a recent case, a green card applicant relied on advice from a notary who instructed them to submit a single check covering all required USCIS filing fees. Unfortunately, this was incorrect—USCIS required separate checks for different forms and was clearly stated on the form instructions. As a result, the entire application was rejected.

By the time the applicant received the rejection notice, they had already fallen out of legal status. This oversight triggered a deportation order that could have been easily avoided with proper filing.

This case illustrates how even seemingly minor administrative errors can have devastating, irreversible consequences. Always follow USCIS instructions carefully and consult a qualified immigration attorney when in doubt.

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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.

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If you have a petition pending with the U.S. Citizenship and Immigration Services (USCIS), you may be wondering why the agency is taking so long to process immigration and naturalization applications.

In this video, attorney Jacob Sapochnick discusses the main factors contributing to slow processing times and highlights the anticipated rise in wait times in 2025.

Overview

Several key factors have contributed to the slow processing times at U.S. Citizenship and Immigration Services (USCIS) during the Trump administration.

Below are some of the most significant reasons, based on insider information shared by a former USCIS officer.

Reduction in Staff and Budgetary Constraints

Employee layoffs and budgetary constraints have led to understaffed USCIS offices, reducing the agency’s ability to process applications efficiently. Trump’s return to the White House has increased staffing reductions, making it difficult for the agency to balance its workload.

Sub-Optimal Staffing and Capacity

USCIS operates with insufficient personnel to handle rising application volumes, and many offices (such as those processing green card applications) face staffing shortages or lack adequate training, reducing overall processing efficiency.

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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.

When a Consular visa interview goes south, not only can the visa application be denied, but the Consulate can also direct USCIS to revoke the underlying petition that was previously approved by the agency.

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.

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After just two weeks in office, President Trump has overhauled the U.S. immigration system passing countless executive orders to begin his mass deportations and secure the southern border.

But how will his administration deal with legal immigration? In this video, we cover some of the changes that adjustment of status (green card) applicants can expect to see under the Trump administration in 2025, including upcoming case processing delays at the U.S. Citizenship and Immigration Services (USCIS), the end of green card interview waivers, the rise in Requests for Evidence (also known as RFEs), the public charge rule, and much more.

For more about how these changes can impact your case, please keep watching.

Overview

Green Card through Adjustment of Status

Applicants who are interested in applying for permanent residence while in the United States can do so through a process known as “adjustment of status.”

To qualify for adjustment of status, generally applicants must have entered the U.S. lawfully and be physically present in the United States.

Additionally, there must be an underlying immigrant petition filed by a qualifying family member (Form I-130) or by a U.S. employer (Form I-140). Certain employment-based applicants may self-petition without an employer, such as applicants seeking an EB-2 National Interest Waiver or EB-1A Aliens of Extraordinary Ability.

Examples of family members who can petition for immigrant aliens include spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, or parents of U.S. Citizens.

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 What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.

You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.

This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.

Overview

Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.

Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.

Here are some of the changes that may be expected from the Trump administration.

Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants

To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”

In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.

The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.

Proof of Personal Financial Resources

To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.

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