Articles Posted in Green Card Interview

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The new USCIS memo is finally showing its true colors.

Imagine coming to the U.S. legally, spending years doing everything right, and finally applying for your green card—only to be denied at the interview. Not because you are ineligible, but because a USCIS officer used the new USCIS memo to deny your case as a matter of discretion.

That’s exactly what happened in Michael’s case.

Real-Life Example: Green Card Denied Under the New USCIS Memo

Michael came to the United States legally 15 years ago on an F-1 student visa. Like many international students, he had plans to study, build a future, and follow the rules.

But life got difficult. Due to financial hardship and mental health struggles, Michael was unable to finish school. As a result, he fell out of F-1 status. To survive, he worked for a short period without authorization.

Years later, Michael married a U.S. citizen and applied for his green card through marriage.

At his green card interview, USCIS did not question whether their marriage was real. The problem was something else.

The officer told Michael that his green card would be denied under the new USCIS memo—not because he lacked eligibility through marriage, but because of the officer’s discretionary review of his past immigration violations. Continue reading

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On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, signaling a major change in how green card applications filed inside the United States (known as Adjustment of Status) may be reviewed. The memo emphasizes that Adjustment of Status (AOS) is not an automatic benefit, even when an applicant meets all legal eligibility requirements.

Instead, USCIS officers are instructed to conduct a broader discretionary review known as a “totality of the circumstances” evaluation to consider whether the applicant should complete the immigrant visa process abroad through a U.S. consulate instead.

The policy effectively shifts AOS from being viewed as a routine pathway for eligible applicants to being treated as an “extraordinary” discretionary form of relief.

What’s changed: USCIS officers are directed to weigh both positive and negative factors on a case-by-case basis when deciding whether to approve a green card application.

The memo will lead to increased scrutiny at green card interviews, and the issuance of more requests for evidence. Certain applicants may even be forced to pursue consular processing abroad rather than adjusting status from within the United States.

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 If you’re in the United States on a temporary visa and hope to become a permanent resident, recent changes in how USCIS reviews green card applications could impact your case.

On May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) announced that temporary visa holders seeking green cards should leave the United States and complete their immigration process through consular processing in their home countries, instead of applying for adjustment of status.

Does this mean adjustment of status is no longer an option? No. Although the government has emphasized that individuals seeking to immigrate to the United States should generally obtain immigrant visas through consular processing abroad, adjustment of status remains available as a discretionary pathway to lawful permanent residence.

What is Adjustment of Status?

For years, adjustment of status has been one of the most commonly used and reliable pathways for immigrants already living in the United States to apply for a green card. The process typically involves filing Form I-485, remaining in the United States while the application is pending, attending an interview, and ultimately receiving a final decision.

With limited exceptions, adjustment of status is generally not available for those who entered the country illegally.

USCIS’ announcement has not eliminated the ability to apply for adjustment of status, but the agency has created new obstacles for green card holders to obtain approval.

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Starting April 27, 2026, U.S. Citizenship and Immigration Services (USCIS) implemented a new enhanced FBI security screening process that is affecting the adjudication of immigration benefit requests that require finger-print based background checks. The update requires USCIS officers to conduct additional background vetting before approving eligible cases.

Under the new policy, officers must resubmit certain pending applications for expanded FBI fingerprint and criminal history checks and place cases on hold until the updated review is completed. The change is expected to impact a range of immigration filings, including adjustment of status (green card) applications, asylum cases, naturalization applications, employment authorization documents, and some family-based petitions.

Who is Impacted

The temporary delays primarily affect applicants whose fingerprints were submitted before April 27, as USCIS is now reprocessing those records through the updated vetting system. Newly filed applications may also experience longer processing times while the agency works through the increased review requirements.

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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’ve made it to the green card interview stage, you’re closer than ever to becoming a lawful permanent resident—but it’s also the part that makes many applicants the most nervous. What actually happens in that room? What kinds of questions will they ask?

The green card interview is a chance for immigration officers to verify your application, confirm your eligibility, and ensure everything checks out. Still, the uncertainty can feel overwhelming if you don’t know what to expect.

In this guide, we’ll walk you through exactly what happens during a green card interview, from the moment you arrive to the types of questions you’ll be asked. Whether your application is based on marriage, family, or employment, understanding the process can help you feel more confident, prepared, and in control on the big day.

Importance of the Green Card Interview

The green card interview is one of the most critical steps in the immigration process because it’s where your entire application is reviewed face-to-face by an immigration officer. Up until this point, decisions are largely based on paperwork, but the interview allows the officer to verify your identity, confirm the accuracy of your information, and assess your eligibility in real time.

It’s also an opportunity for them to detect inconsistencies, clarify details, and, in certain cases—such as marriage-based applications—determine whether your relationship is genuine. A successful interview can lead directly to approval, while red flags or incomplete answers may delay your case or even result in denial, making preparation and honesty essential.

Nearly All Green Card Cases Require an Interview in 2026

As of 2026, the vast majority of green card applications now require a mandatory in-person interview as part of the application process. While some categories were previously eligible for interview waivers, changing immigration policies have made in-person review the standard rather than the exception.

This shift allows immigration officers to more thoroughly verify applicant information, assess eligibility, and detect potential inconsistencies or fraud. As a result, applicants across family-based, employment-based, and other categories should plan for an interview and prepare accordingly, treating it as a central step in securing permanent residency.

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Imagine building a life in the United States, paying taxes, buying a home, putting down roots, only to have it all put at risk by a single misstep. One arrest. One extended trip abroad. Suddenly, your green card status is on the line. Sound impossible? For thousands of green card holders during the Trump administration, this has become a very real and unsettling reality. By contrast, those who become U.S. citizens can live in the United States with greater security and peace of mind.

In this blog post, we discuss five key differences between green card holders and U.S. citizens that might make you rethink staying a permanent resident.

#1 Deportation Risk

One of the most important differences between green card holders and U.S. citizens is the risk of deportation. Green card holders have the right to live and work in the United States, but their status is not guaranteed forever.

Certain situations can put a green card at risk, including criminal convictions, immigration violations, or even spending too much time outside the U.S. In these cases, a green card holder may be placed in removal proceedings.

By contrast, U.S. citizens cannot be deported even when convicted of a criminal offense. This key difference means that only U.S. citizenship offers permanent protection from deportation.

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Rising tensions in the Middle East amid the escalating conflict between the United States, Israel, and Iran have triggered a collapse in regional air travel. Widespread airspace closures, airport shutdowns, and thousands of canceled flights have stranded travelers across major transit hubs such as Dubai, Doha, and Abu Dhabi.

Among those caught in the disruption are thousands of green card holders and visa holders who left the United States temporarily and are now unable to return as flights remain suspended and regional travel remains restricted.

In this video, we discuss key steps the State Department recommends for permanent residents and other noncitizens currently stranded in the region.

75-Country Ban on Immigrant Visa Issuance

As a reminder, the Trump administration imposed an indefinite pause on immigrant visa issuance for nationals of 75 countries beginning January 21, 2026. Due to the pause, the State Department has suspended the issuance of all immigrant visas while it develops new procedures to assess whether applicants may become financially dependent on the U.S. government under the public charge standard.

  • Impact: While U.S. consulates may continue accepting applications and conducting interviews, they are currently unable to issue or print immigrant visas, including family- and employment-based green cards, for affected applicants until the new policy is implemented. This further complicates travel for immigrants residing in the Middle East, including Afghanistan, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Syria, and Yemen.

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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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