Articles Posted in Family sponsorship

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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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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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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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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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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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On January 14, 2026, the State Department announced it is pausing the issuance of immigrant visas for nationals of 75 countries, effective January 21, 2026, while it develops a new process to assess whether applicants may become a “public charge” (financially dependent on the U.S. government).

Applicants can still apply and attend interviews, but no immigrant visas will not be issued during the pause. The policy affects family-sponsored and employment-based green cards, though dual nationals applying with a passport from a country not on the list are exempt from the suspension.

The policy change focuses on the statutory “public charge” ground of inadmissibility, which allows visa refusal in the event an applicant is found likely to depend on the U.S. government for financial assistance. Consular officers are permitted to consider factors such as an applicant’s health, age, education, employment prospects, and financial stability when evaluating if they are a public charge risk.

It is unclear how long the suspension will last or how the public charge review process will ultimately change.

Immigrant visa applicants from the affected countries should monitor communications from the State Department and prepare for potential delays in visa issuance.

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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 February 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 February, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the February 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

EB-3 Professionals and Skilled Workers

  • Except India and China, all countries will advance by 5.7 weeks to June 1, 2023

Dates for Filing Advancements

EB-3 Professionals and Skilled Workers

  • Except India and China, all other countries will advance by 3 months to October 1, 2023

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Overstaying a U.S. visa can feel overwhelming—but it doesn’t always mean your options are gone. In fact, there are legal pathways that may allow certain individuals to remain in the United States even after a visa has expired.

In this post, we’ll break down three lawful options, explain who they may apply to, and clarify common misconceptions—so you can better understand your situation and make informed decisions.

Legal Options After a U.S. Visa Expiration

Option #1 Marriage to a U.S. Citizen

Marriage to a U.S. citizen is one of the most common legal options for individuals who have overstayed a visa. Under U.S. immigration law, spouses of U.S. citizens are considered “immediate relatives,” which means they may be eligible to apply for lawful permanent residence (a green card) from within the United States, even if they later overstayed their visa.

This process typically involves filing several immigration forms, submitting proof that the marriage is bona fide (such as shared finances or living arrangements), completing a medical exam, and attending an in-person interview with U.S. Citizenship and Immigration Services (USCIS).

While a visa overstay is often forgiven, recently there has been an increase in immigration enforcement actions where spouses of U.S. citizens have been detained due to visa overstays, during their marriage-based green card interviews.

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