Articles Posted in Global Immigration Stories

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Imagine waiting more than ten years as a lawful permanent resident for the day you can finally become a U.S. citizen.

One of our clients did exactly that. He received his N-400 citizenship interview notice, prepared for the appointment, and arrived at the USCIS office in Los Angeles excited about taking the next step toward naturalization. He believed he was eligible for citizenship, and his attorney had advised him that he qualified.

But he never walked out of that USCIS office as a new U.S. citizen.

Instead, ICE agents placed him in handcuffs and escorted him out of the building.

This is not a scene from a movie. It is a reality that some green card holders have faced when appearing for their naturalization interviews.

And he is not the only one.

Lessons From Real Client Cases

In this blog post, we share real client stories involving lawful permanent residents who appeared for their U.S. citizenship interviews only to be detained by ICE agents. These cases involve old removal orders, unpaid tickets that were forgotten and later turned into warrants, political activism that attracted government scrutiny, and other problems applicants may not realize could surface during the naturalization process.

Most importantly, we explain what these cases can teach other green card holders, and the steps you should take before filing your application.

What Happens at the N-400 Citizenship Interview

When you apply for U.S. citizenship, you file Form N-400, Application for Naturalization. At the interview, a USCIS officer will review your application with you and ask questions to confirm that the information you provided is accurate.

The officer may also review important parts of your immigration history, including your travel outside the United States, tax history, child support obligations, and any arrests, citations, charges, or other criminal issues. You will also be required to complete the English and civics portions of the naturalization test, unless you qualify for an exception.

At the end of the interview, USCIS may approve your application, continue the case because additional information or evidence is needed, or deny the application. An immediate denial at the interview itself is less common.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the October 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of October, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will begin using the Dates for Filing Chart .

Highlights of the October 2026 Visa Bulletin

At a Glance

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

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 3.6 months to February 1, 2023
  • EB-1 Except China, all other countries remain current

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

  • EB-2 India moves from unavailable to November 1, 2013
  • EB-2 China will advance 1 month to October 1, 2021
  • Worldwide, Mexico, Philippines moves from current to a cutoff date of January 1, 2025

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance 1 week to January 8, 2022
  • EB-3 Philippines will advance 2 weeks to August 15, 2023
  • Worldwide and Mexico will retrogress 3.6 months from September 1, 2024, to May 15, 2024

EB-3 Other Workers

  • EB-3 China will advance 5 months to October 1, 2019
  • EB-3 Philippines will advance 1 month to January 1, 2022
  • Worldwide and Mexico will retrogress 3 months from April 1, 2022, to January 1, 2022

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For most green card holders, returning to the United States after a vacation feels like a routine part of travel. But in 2026, that return can sometimes come with unexpected problems.

In recent months, some green card holders have been taken to secondary inspections, questioned, and even detained at U.S. airports.

In these cases, the issue is not the vacation itself, but something in the traveler’s immigration history, criminal record, or time spent outside the country that gets flagged by Customs and Border Protection.

In this article, we’ll break down the top 3 reasons green card holders can run into trouble when returning to the U.S., along with 5 airports where travelers should be especially prepared for closer inspection.

The “Arriving Alien” Trap for Green Card Holders

One of the biggest risks for a green card holder returning from abroad is being treated as an “arriving alien” by immigration officers.

Normally, a lawful permanent resident returning from a trip is not considered to be seeking admission to the United States. But under certain circumstances, CBP can do just that.

Once CBP treats a green card holder as an arriving alien, they can be required to prove they are still eligible to enter the United States under rules for people seeking admission.

This matters because it can expose travelers to detention and removal proceedings and can make defending the case more complicated.

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Imagine you’re working in the United States on a visa such as an H-1B, L-1, or TN and suddenly lose your job. Under current rules, you may have up to 60 days to find a new employer, change to another immigration status, or leave the United States.

Now, DHS is proposing to eliminate that 60-day grace period for certain employment-based visa holders. If the proposal is finalized, affected workers could have far less time to take action after their employment ends.

What the Rule Says Today

Under the current rule, H-1B workers generally have up to 60 days after losing or leaving a job to find a new employer, change to another immigration status, or make arrangements to leave the United States. This is known as the 60-day “grace period.” Under the proposed rule, that protection would disappear, meaning workers could begin falling out of status as soon as the day after their employment ends.

Who is Affected

The proposal would affect workers in these nonimmigrant visa categories:

  • E-1 treaty traders
  • E-2 treaty investors and qualifying employees
  • E-3 Australian specialty occupation workers
  • H-1B specialty occupation workers
  • H-1B1 workers from Chile and Singapore
  • L-1 intracompany transferees
  • O-1 individuals with extraordinary ability or achievement
  • TN professionals from Canada and Mexico

It would apply when employment or the qualifying activity underlying that status ends, whether the worker is terminated, laid off, or voluntarily leaves the job.

They generally would be considered to have failed to maintain status beginning the day after their employment ends unless they have some other lawful basis to remain in the United States.

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USCIS recently introduced an important change affecting green card applicants who rely on a sponsor to meet the financial requirements for the I-864 Affidavit of Support.

Form I-864, Affidavit of Support, is a legally binding form used to show that a green card applicant has sufficient financial support and is unlikely to become a public charge. The sponsor of the I-864 is generally the U.S. citizen or lawful permanent resident who filed the immigrant petition. If the petitioner does not meet the income requirement for their household size, a joint sponsor may be needed.

Under new USCIS policies, sponsors and joint sponsors are now required to provide additional financial information, including their credit score and credit report.

USCIS has also released a new edition of Form I-864 reflecting these changes, which will be required beginning October 1.

Why does this matter?

A sponsor or joint sponsor with poor credit, high debt, late payments, collections, or bankruptcy could face greater scrutiny because USCIS may question whether they are financially capable of supporting the intending immigrant. This could result in requests for additional evidence, processing delays, or a determination that the sponsor or joint sponsor does not qualify.

If a sponsor has a credit or security freeze in place, USCIS may be unable to access the information needed to evaluate Form I-864.

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Are you interested in starting a business in the United States? Here’s the catch: the U.S. does not have a dedicated “founder visa” for entrepreneurs. There is no single visa that simply lets you move to America, launch a company, and start building. But that does not mean entrepreneurs are out of options.

Depending on your country of nationality and long-term goals, there are four key visa pathways that can allow founders and business owners to live and work in the United States while bringing their families with them. These are the E-2, L-1A, O-1A, and EB-5 visas.

First, it’s important to ask these four questions to help determine which visa options may be available to you:

  1. Are you a citizen of an E-2 treaty country? If so, the E-2 treaty investor visa may be an option.
  2. Do you own or operate an established business outside the United States? The L-1 visa may allow you to expand that business into the U.S. to work as a company executive.
  3. Do you have a record of extraordinary ability or significant achievements in your field? These achievements may qualify you for the O-1A visa.
  4. Can you invest $800,000 or $1,050,000 in a U.S. business and meet the job-creation requirements? In this case, the EB-5 immigrant investor program could be the easiest way to immigrate to the U.S.

1. The E-2 Treaty Investor Visa

If you are a citizen of a treaty country (such as Canada, Mexico, Israel, the UK, etc), then you may be eligible for the E-2 treaty investor visa program. (Check whether your country qualifies for the E-2 visa by viewing the U.S. Department of State’s list of treaty countries here).

What is the E-2 Visa?

The E-2 treaty investor visa allows citizens of qualifying treaty countries to come to the United States to develop and operate a U.S. business in which they have made a substantial investment.

There is no fixed minimum investment amount required. Instead, the investment must be substantial compared to the type and cost of the business. This may be satisfied with a $50,000 to $100,000 investment depending on the nature of your business.

The investor must be prepared to demonstrate the lawful source of the funds used for investment in the business. For example, if the source of the investment amount is income earned from salary, the investor must show proof of the income accumulation from salary (bank account statements, pay slips etc.) as well as relevant income tax returns during the period the income was earned. If the investment was earned through the sale of property, the investor must document the source of funds for the initial purchase of the property, and money earned from the eventual sale.

You Must Play an Active Role in Your Business

The E-2 visa is designed for investors who will actively develop and direct their U.S. business. In other words, you cannot simply make a passive investment and have no involvement in the company. You must be coming to the United States to oversee the business, make important decisions, and play an active role in its operations and growth.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the September 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of September, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the September 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

  • No changes except for EB-4 which will advance 2 months to December 15, 2022
  • EB-2 India and EB-5 India remain unavailable
  • The State Department warns that the EB-2, EB-1 India, and EB-5 unreserved categories may become unavailable before the end of September, with availability resuming when the new fiscal year starts in October.

Dates for Filing Advancements

  • No changes from August Visa Bulletin

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The days of mailing immigration applications to USCIS may soon be coming to an end.

A new rule effective August 11th gives USCIS the power to require certain immigration forms to be filed electronically instead of on paper.

This is changing how immigration cases are filed and how applicants move through the process. As USCIS shifts more forms online, we can expect confusion, filing mistakes, and cases being rejected for failing to follow the new electronic filing requirements.

In this blog, we will explain why USCIS is making this change, when the new rule will begin affecting applicants, and what you can do now to prepare for mandatory online filing.

What Is the New Rule About?

USCIS will be able to require certain immigration forms, supporting documents, and filing fees to be submitted electronically instead of by mail. This is similar to the way in with the U.S. Department of State has required online filing of visa applications where applicants are required to submit electronic forms to DOS through its online system, Consular Electronic Application Center.

Once USCIS makes online filing mandatory for a particular form, applicants will generally have to complete the entire filing through a USCIS online account unless they qualify for a limited exception or waiver.

USCIS must provide at least 60 days’ notice before requiring a specific form to be filed electronically.

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October 1 can change everything for green card applicants stuck in the immigrant visa backlog. With the start of the new fiscal year, a fresh supply of immigrant visa numbers becomes available—and applicants who are ready can move fast when their priority dates become current. If your case is close, the time to prepare is before October 1, not after.

If you are from India, China, the Philippines, or Mexico, you may already be familiar with the effects of high demand and limited immigrant visa availability. For example, the EB-2 category for India has been unavailable for final action since July 2026 because of heavy demand. On the family-sponsored side, countries such as India and Mexico have also faced significant backlogs as visa demand has outpaced the number of available visas.

While demand from these countries is expected to remain high, the October 1 fiscal-year reset brings a new annual supply of immigrant visa numbers, which can allow more applicants to move forward with interviews and final visa issuance.

In this video, we break down what you need to know—and what you should do now—to put yourself in the strongest position before October 1.

What Is the End-of-Year Fiscal Reset?

The U.S. government’s fiscal year runs from October 1 through September 30, and many employment- and family-based immigrant visa categories are subject to annual numerical limits set by Congress.

Except for immediate relatives of U.S. citizens, applicants generally must wait until an immigrant visa number becomes available based on their priority date and country of nationality before they can be scheduled for an interview and ultimately receive an immigrant visa.

When the new fiscal year begins on October 1, those annual visa limits reset, allowing the government to begin using a new supply of immigrant visa numbers.

For applicants stuck in backlogged categories like EB-2 India and F2A Mexico, this reset is especially important because the allocation of new visa numbers creates new opportunities for eligible applicants to move forward in the green card process.

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If you’re applying for U.S. citizenship in 2026 or beyond, pay close attention. Every year, hundreds of applicants are denied citizenship because of three common mistakes—and they have nothing to do with failing the civics test.

In this video, I’ll explain exactly what those three mistakes are. These are serious issues that can cause a USCIS officer to stop your interview, close your case, and ultimately deny your citizenship application.

What are the requirements to apply for U.S. citizenship?

Generally, a green-card holder must meet these requirements:

  1. Be at least 18 years old when filing Form N-400.
  2. Have been a lawful permanent resident for at least 5 years. There is a separate 3-year rule for certain applicants who obtained their green card through marriage to a U.S. Citizen
  3. Maintain continuous residence in the United States during the required 5-year or 3-year period. Long trips outside the U.S., especially trips of 6 months or longer, can create problems.
  4. Be physically present in the United States for at least 30 months of the previous 5 years. Under the 3-year marriage rule, the requirement is generally at least 18 months.
  5. Demonstrate good moral character. USCIS generally examines at least the statutory 5-year or 3-year period, although conduct from earlier periods can also be taken into account
  6. Demonstrate basic English ability by speaking, reading, and writing English, unless you qualify for an age/residency or disability exception.
  7. Pass the U.S. civics test, unless an exception applies. For N-400 applications filed on or after October 20, 2025, USCIS uses the 2025 naturalization civics test.

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