Articles Posted in Donald Trump

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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 this video, attorney Jacob Sapochnick discusses new changes to the U.S. visa interview waiver policy announced by the State Department and what visa applicants need to know moving forward.

Effective September 2, 2025, the U.S. Department of State is making significant changes to the categories of applicants eligible for a nonimmigrant visa interview waiver. Under the new policy, most applicants, including children under 14 and seniors over 79, will generally be required to appear for an in-person interview with a U.S. consular officer—with a few notable exceptions.

These changes override the previous Interview Waiver Update issued on February 18, 2025, and will have wide-reaching implications for those planning to travel to the United States on a nonimmigrant visa.

Who May Qualify for an Interview Waiver After September 2nd?

Despite the overall tightening of interview requirements, some categories of applicants may still be eligible to skip the in-person interview, including:

  1. Certain Diplomatic and Official Visa Holders

Applicants under the following visa classes are exempt from the interview requirement:

  • A-1, A-2 (representatives of foreign governments)
  • C-3 (excluding attendants or personal staff)
  • G-1 through G-4 (representatives of international organizations)
  • NATO-1 through NATO-6
  • TECRO E-1 (Taipei Economic and Cultural Representative Office officials)
  1. Diplomatic or Official-Type Visa Applicants

Those applying for visas that support diplomatic or governmental missions may still be eligible for interview waivers.

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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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Green card holders returning to the U.S. are facing increased scrutiny in 2025. U.S. Customs and Border Protection (CBP) is detaining more travelers with past legal issues or extended absences, and there’s a growing expectation to carry proof of ties to the U.S., like tax returns or lease agreements. New biometric systems track travel more closely, and frequent or long trips raise red flags about abandoning residency.

Green card holders are required to maintain continuous residence in the U.S. and extended or frequent trips abroad—especially those lasting over 180 days—can trigger a presumption of abandonment of permanent resident status.

Here are four key trends green card holders should be aware of when returning to the United States after temporary foreign travel.

Trend #1: Have Proof of Ties to the United States

Green card holders may be questioned by CBP about their ties and continuous residency in the United States. To help prevent complications—especially for those who have been outside the United States for 180 days or more—it may be wise for such individuals to present strong evidence of continued residence in the U.S., such as recent tax returns, employment verification, valid driver’s license, mortgage or lease agreements, and utility bills, to demonstrate that you have not abandoned your residency.

Even trips as short as three months can raise questions about your ties to the U.S.

Trend #2: CBP Officers Are Tracking Travel History

Customs and Border Protection (CBP) officers are closely reviewing the travel history of green card holders, with a close eye toward frequent or extended trips abroad. Long absences from the United States (6 months or longer) can lead to questioning or increased scrutiny at the border.

CBP officers have questioned travelers wanting to know the purpose for their trip abroad, the length of their absence, and whether their primary residence is in the U.S. or another country.

Be prepared to clearly explain your answers to these questions.

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For many immigrants, attending a green card interview is a long-awaited step toward permanent residency in the United States. But in recent months, an increasing number of applicants have faced a troubling outcome—detention by Immigration and Customs Enforcement (ICE) officials at the green card interview with U.S. Citizenship and Immigration Services (USCIS).

In this blog post, we share why this is happening, who is most at risk, and what immigrants should know before walking into their interview.

Immigration Enforcement on the Rise

Immigration enforcement has been on the rise nationwide, with federal authorities ramping up arrests, detentions, and deportations under increasingly aggressive policies. This uptick includes broader cooperation between local law enforcement and immigration agents, expanded use of surveillance technologies, and a growing number of workplace and home raids across multiple states.

These tactics have created a climate of fear, discouraging immigrants from accessing schools, places of work, and even hospitals. In Los Angeles, for example, a wave of coordinated ICE raids last month led to hundreds of arrests and heightened tensions.

ICE officers have also been arresting individuals immediately after their cases are dismissed in immigration court. These arrests have been reported nationwide and are discouraging immigrants from attending their scheduled court hearings.

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On June 9, 2025, President Trump’s new travel ban took effect, blocking or limiting entry of nationals from 19 countries with limited exceptions. Framed as a national security measure, the order expands on his earlier bans, targeting nationals from countries with high visa overstay rates or those with limited cooperation with U.S. immigration enforcement.

Who is Impacted?

Full Suspension on 12 Country Nationals

Effective June 9th the travel ban suspends the entry of both immigrants and non-immigrants from 12 designated countries who are outside the United States and do not have a valid visa on the effective date of the proclamation, including Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

However, several key exceptions apply for lawful permanent residents (LPRs), immediate family members of U.S. citizens, dual nationals, athletes and teams competing in major international sporting events such as the World Cup and the Olympics, and others (a full list of exceptions is provided below).

Partial Suspension on 7 Country Nationals

A separate provision of Trump’s travel ban also imposes heightened visa restrictions on nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela who are outside of the United States and don’t hold a valid visa.

For individuals from these countries, entry into the U.S. is suspended for both immigrant and nonimmigrant travelers holding B-1, B-2, B-1/B-2, F, M, or J visas. Consular officers are directed to limit the validity of any other nonimmigrant visas issued to these nationals to the extent permitted by law.

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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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