Articles Posted in Foreign nationals

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In the wake of a deadly shooting at Brown University, the Trump administration has suspended the U.S. Diversity Immigrant Visa program — better known as the Green Card Lottery — after learning the suspected shooter entered the country using the program.

The decision, announced by the Secretary of the Department of Homeland Security, pauses the annual green card lottery which offered up to 50,000 visas to applicants from countries with historically low rates of immigration to the United States.

What does this mean for people who planned to apply for the Green Card Lottery this year?

Electronic registrations for the fiscal year 2027 Green Card lottery are suspended until further notice.

During the pause, the government will enhance security vetting of applicants including conducting national security checks against terrorism databases, assessing public safety risks, and verifying each applicant’s identity.

Why was the Green Card lottery created?

The Green Card lottery was established by Congress in 1990 and officially began in 1995. Its purpose was to diversify the immigrant population by providing a legal pathway to permanent residency for individuals from countries with historically low rates of immigration to the U.S.

Each year, the program made up to 50,000 immigrant visas available through a randomized selection process, aiming to promote broader geographic representation and reinforce America’s long-standing identity as a nation shaped by immigrants from around the world.

For many, the program represented a once-in-a-lifetime chance to pursue the American dream. Last year alone, more than 20 million people entered the lottery, highlighting the intense demand for these visas.

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

Highlights of the January 2026 Visa Bulletin

At a Glance

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

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 will advance by 10 months to February 1, 2023
  • EB-1 China will advance by 10 days to February 1, 2023

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by 2 months to July 15, 2013
  • EB-2 China will advance by 3 months to September 1, 2021
  • All other countries will advance by 2 months to April 1, 2024

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 1.8 months to November 15, 2013
  • EB-3 China will advance by 1 month to May 1, 2021
  • All other countries will advance by 1 week to April 22, 2023

EB-3 Other Workers

  • EB-3 India will advance by 1.8 months to November 15, 2013
  • EB-3 China will advance by 1 year to December 8, 2018
  • All other countries will advance by 1 month to September 1, 2021

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The Gold Card permanent residence program is now open. Under this initiative, foreign nationals—or their employers—may apply for lawful permanent residence by:

  • Paying a non-refundable $15,000 processing fee for each applicant and dependent, and
  • Making a gift donation of $1 million for individual applicants, or $2 million for corporate-sponsored applicants to the U.S. Treasury.

These contributions are not investments— they are treated as unconditional gifts.

The program, established by presidential executive order 14351, allows eligibility for a green card under the existing EB-1 (extraordinary ability) or EB-2 (National Interest Waiver) categories based on the qualifying donation.

Application Process

Applicants start with by submitting their initial information, along with payment of the $15,000 processing fee (per applicant) on the Gold Card website.

USCIS then notifies applicants when they can file Form I-140G on the USCIS website to verify lawful source of funds. Once the applicant demonstrates the lawful source of funds and passes security vetting, the applicant or sponsor will receive instructions to submit the required $1 million (individual) or $2 million (corporate) donation to the Department of Treasury via ACH debit or SWIFT wire.

Once approved and a visa number is available, applicants proceed with consular processing for their immigrant visa.

Corporate Sponsorship

Employer Gold Card sponsors will be subject to a 1% annual maintenance fee – presumably, 1% of the employer’s $2 million donation ($20,000). If the employer decides to transfer its donation to a different foreign national, a 5% transfer fee would apply ($100,000).

The government has not yet indicated whether the “annual” maintenance fee must be paid until the foreign national obtains their green card.

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Major changes are coming to the marriage-based green card process in 2026, including stricter vetting, heightened enforcement, expanded evidence requirements, and increased detention of applicants flagged for further review at interviews.

To find out more, please keep on watching.

What to Expect: Shift Toward Heightened Enforcement

In 2025, internal policy shifts at USCIS stopped the issuance of Requests for Evidence, required medical exams to be filed with adjustment applications in a single package, and, most notably, created an unprecedented rise in denials and detentions at green card interviews.

Detentions at Green Card Interviews

In recent months, things took a turn for the worst. USCIS officers have been increasingly working alongside Immigration and Customs Enforcement (ICE) to identify and flag green card applicants they believe are potentially ineligible for benefits. Those flagged for additional review have faced immediate detention at their green card interviews.

Although the law allows visa overstays to be forgiven for those married to U.S. citizens, USCIS officers have been reporting visa overstays to ICE during green card interviews, resulting in their immediate detention. This has occurred in recent weeks in San Diego to a Navy spouse, a breastfeeding mother, and even an elderly man, signaling that enforcement is being taken to an unprecedented level.

Under Trump, internal ICE policies have included numerical targets for deportations, effectively creating quotas for enforcement officers. These targets set specific numbers of removals to be achieved within given timeframes, which places added pressure on USCIS officers to flag these individuals for removal.

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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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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 December 2025 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 month of December.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of December, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the December 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • India will advance by one month to March 15, 2022
  • China will advance by one month to January 22, 2023
  • All other countries remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • India will advance by six weeks to May 15, 2013
  • China will advance by two months to June 1, 2021
  • All other countries will advance by 2 months to February 1, 2024

EB-3 Professionals and Skilled Workers

  • India will advance by one month to September 22, 2013
  • China will advance by one month to April 1, 2021
  • All other countries will advance by two weeks to April 15, 2023

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The U.S. visa landscape is undergoing major changes in 2025, with embassy operations varying widely across the globe. New federal policies have made the visa process more challenging. From enhanced social media scrutiny to removing the option for third-country nationals to apply for visas outside their country of nationality or residence—things have been constantly changing at U.S. embassies and consulates worldwide.

In this video, you’ll learn about:

  • New Limits on Third-Country National Visa Applications
  • Enhanced Social Media Vetting Policies
  • Visa Limitations for Certain Countries under Travel Ban
  • Health Conditions, Including Obesity, May Affect Visa Approval
  • Operational Status at Consulates and Embassies Worldwide: Is your Embassy fully open?

New Limits on Third-Country National Visa Applications

Immigrant Visa Applicants Must Apply in Country of Nationality or Residence

Effective November 1, 2025, the State Department will require all immigrant visa applicants—including Diversity Visa applicants—to interview at a U.S. consulate or embassy in their country of residence or nationality. Exceptions will be rare and limited to urgent humanitarian, medical, or foreign-policy–driven cases.

Same Policy Extends to Nonimmigrants

The State Department announced a similar policy for nonimmigrant visa applicants. Effective September 2025, applicants must apply in their country of residence or nationality, meaning they can no longer choose a more convenient embassy—such as those in Mexico or Canada—unless they live there or hold that nationality. Limited exceptions apply for certain categories, including A and G visas, and for urgent humanitarian or medical emergencies.

For applicants from countries with limited or no U.S. consular presence—such as Afghanistan, Belarus, Haiti, Iran, Libya, Russia, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, and Zimbabwe—designated embassies will continue to serve as regional processing hubs.

Tip: Booking a visa interview outside your country of nationality or residence may lead to rejection and could negatively affect future applications. ESTAs can be cancelled for those with visa denials on record. Avoid this by applying at the proper Consulate in your country of nationality or residence.

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Navigating the H-1B visa process can feel like a maze, especially if you’re aiming to take the unconventional route of self-sponsorship. In 2025, more skilled professionals and entrepreneurs are exploring ways to secure an H-1B visa without relying on a traditional employer.

This guide breaks down the essential steps, requirements, and practical strategies for individuals looking to sponsor themselves, empowering you to take control of your U.S. work authorization journey.

What you’ll learn in this video:

  • What is the H-1B visa
  • How to sponsor yourself for the H-1B Visa
  • Requirements for self-sponsorship
  • Jobs that qualify for self-sponsorship

Overview of the H-1B visa

The H-1B visa is a non-immigrant U.S. visa that allows foreign workers to live and work in the United States in specialty occupations that require theoretical or technical expertise. It is widely used by professionals in fields like technology, engineering, healthcare, and academia.

Key Features

  • Employer-Sponsored: A U.S. employer must petition on your behalf.
  • Specialty Occupation Requirement: The job must require at least a bachelor’s degree or equivalent in a related field.
  • Cap-Subject: Most H-1B visas fall under an annual cap (currently 85,000 per fiscal year, with 20,000 reserved for U.S. advanced degree holders), though certain employers like universities are cap-exempt.
  • Annual H-1B Lottery: Because the number of petitions often exceeds the cap of 85,000 visas (65,000 regular + 20,000 for U.S. advanced degree holders), USCIS conducts a random lottery in March to select petitions for processing. This means that even qualified applicants may not be selected, making the H-1B highly competitive.
  • Dual Intent: H-1B visa holders can apply for a green card while on the visa, making it “dual intent” compatible.

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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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