Articles Posted in Fraud Investigations

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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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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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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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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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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.

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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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Are you applying for permanent residency based on marriage to a U.S. Citizen or lawful permanent resident in 2025?

If so, you won’t want to miss this important video addressing the challenges that couples may soon be facing during their immigration process under the Trump administration.

To learn what you need to look out for and how to minimize difficulties in the process, please continue watching this video.

Overview

Trump’s return to the White House has changed the immigration landscape in several important ways that will impact the green card process for couples applying both inside the United States with the U.S. Citizenship and Immigration Services (USCIS), and those applying for spousal visas at U.S. Consulates and Embassies abroad.

In this video, we address these changes and how you can prepare for these challenges in the years ahead.

Reduction of Consular Staff Will Lead to More Immigrant Visa Appointment Backlogs in 2025

For those applying for spousal visas through Consular processing, one of the most impactful changes is a recent executive order signed by Trump directing the State Department to reduce visa staff and local employees at U.S. Embassies and Consulates overseas.

Along with these changes, the President has asked the State Department to revise or replace the Foreign Affairs Manual (FAM), and all handbooks, procedures, and guidance used by Consular officers when issuing U.S. visas. This means that visa applications may be scrutinized more heavily moving forward, and interpretations of the law may be viewed more narrowly.

In a practical sense, this reduction in Consular staff means that spouses will experience longer wait times to receive immigrant visa interview appointments, because posts around the world will have more limited resources to respond to the large caseloads.

Moving forward spouses should expect their cases to remain warehoused at the National Visa Center (NVC) for extended periods until an interview appointment becomes available.

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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.

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