Articles Posted in Hiring an Immigration Lawyer

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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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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 September 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 September.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.

Please click here for more information.

Highlights of the September 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

There will be no changes to the employment-based Final Action Dates and Dates for Filing for the month of September.

The Visa Bulletin contains an important note that says the Visa Office expects to reach the FY 2025 annual limit for most employment-based categories during August and September. When this occurs, affected categories will become “unavailable” and no visas will be issued.

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In a significant shift in immigration policy, U.S. Citizenship and Immigration Services (USCIS) now has the authority to deny green card applications outright—without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

In this video, attorney Jacob Sapochnick explains how this new change empowers USCIS officers to make immediate decisions when an application lacks sufficient initial evidence, potentially leaving applicants with fewer opportunities to correct mistakes or provide missing documentation.

This makes the application process more unforgiving and raises the stakes for submitting a thorough and complete green card application from the start. Here’s what you need to know about how this policy could impact your green card journey, and more importantly how to protect yourself.

What’s changed?

Previously, when a green card application was submitted with missing or insufficient information, USCIS would typically issue a Request for Evidence (RFE). This notice outlined the specific issues or missing documents and gave the applicant a chance to respond and provide the necessary information to support their case by the specified deadline.

The RFE process served as a safeguard, allowing applicants to correct honest mistakes or oversights before a final decision was made on their application.

Now, that safeguard is no longer guaranteed. Under new USCIS policies, officers can deny green card applications outright if they determine the initial submission lacks sufficient evidence, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

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In this video, attorney Jacob Sapochnick explains why immigrant visa numbers are no longer available for certain visa categories for the rest of fiscal year 2025, as the annual limit on visa issuances has already been reached, well before the fiscal year’s end on September 30.

This news affects workers awaiting green card approval, employers navigating sponsorship timelines, and helps green card applicants manage their expectations.

In this blog post, we’ll break down what this means, why it happened, and what those affected can expect moving forward as the immigration system resets on October 1st for the next fiscal year.

What is visa number management in immigration?

First, let’s discuss visa number management in immigration.

This refers to the process by which the U.S. government tracks and allocates the limited number of immigrant visa numbers available each fiscal year. These numbers are divided across various categories, including family-based and employment-based immigration, and are subject to annual limits on visa issuance set by Congress.

Why are there annual limits on visas?

Proper visa number management ensures that the limited supply of visas is distributed fairly and efficiently among the various visa categories and countries each year. It also helps the government plan and monitor immigration flows, while giving applicants and employers a clearer picture of potential wait times and availability.

Who manages visa issuance?

The U.S. Department of State, in coordination with U.S. Citizenship and Immigration Services (USCIS), is responsible for issuing annual visa numbers. Each month, the State Department publishes the Visa Bulletin, which outlines visa number availability and priority date cutoffs, helping applicants determine when they may proceed with their green card applications.

Since the demand for visas significantly exceeds the annual supply, the State Department imposes “cutoff dates” where individuals must wait in line for a visa. Typically, the majority of visa categories reach their limits by the summer months. When this occurs, no additional visas can be issued until the start of the new fiscal year on October 1st.

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In this video, attorney Jacob Sapochnick discusses new changes to the U.S. visa interview waiver policy announced by the State Department and what visa applicants need to know moving forward.

Effective September 2, 2025, the U.S. Department of State is making significant changes to the categories of applicants eligible for a nonimmigrant visa interview waiver. Under the new policy, most applicants, including children under 14 and seniors over 79, will generally be required to appear for an in-person interview with a U.S. consular officer—with a few notable exceptions.

These changes override the previous Interview Waiver Update issued on February 18, 2025, and will have wide-reaching implications for those planning to travel to the United States on a nonimmigrant visa.

Who May Qualify for an Interview Waiver After September 2nd?

Despite the overall tightening of interview requirements, some categories of applicants may still be eligible to skip the in-person interview, including:

  1. Certain Diplomatic and Official Visa Holders

Applicants under the following visa classes are exempt from the interview requirement:

  • A-1, A-2 (representatives of foreign governments)
  • C-3 (excluding attendants or personal staff)
  • G-1 through G-4 (representatives of international organizations)
  • NATO-1 through NATO-6
  • TECRO E-1 (Taipei Economic and Cultural Representative Office officials)
  1. Diplomatic or Official-Type Visa Applicants

Those applying for visas that support diplomatic or governmental missions may still be eligible for interview waivers.

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On July 15, 2025, U.S. Congresswoman Maria Elvira Salazar introduced the Dignity Act of 2025 known as H.R. 4393, a bipartisan immigration bill that aims to strengthen border security in the United States, provide certain undocumented immigrants with an opportunity to legalize their status, and reform the U.S. legal immigration system.

The bill is a revised version of the Dignity Act of 2023 and has been introduced in the House of Representatives.

In this video, attorney Jacob Sapochnick breaks down each section of the Dignity Act touching on the bill’s major goals such as:

  • Border Security and Enforcement
  • Reform of the Asylum System
  • Legalization for Dreamers and Other Undocumented Immigrants
  • Benefits for American Workers and
  • Modernizing Legal Immigration

Border Security and Enforcement

The bill’s first major goal is to decrease illegal immigration with several measures aimed at strengthening border security and immigration enforcement. The bill would mandate the nationwide implementation of E-Verify to ensure that only authorized individuals are employed in the U.S., helping to deter illegal immigration through the workforce.

U.S. employers would face civil penalties for knowingly hiring individuals who are not legally authorized to work in the United States, as well as new penalties for employees and employers who knowingly submit false information through E-Verify.

The bill also funds the construction and modernization of physical and technological border infrastructure, including surveillance systems and sensors to improve detection and response capabilities at the border. Approximately $10 billion would be distributed until 2030 for the construction and modernization of ports of entry. To promote accountability, the Act includes oversight requirements for immigration enforcement agencies like ICE. Together, these provisions are designed to improve border control, discourage unlawful entry, and restore public trust in the immigration system.

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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 August 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 August.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of August.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of August.

Please click here for more information.

Highlights of the August 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

  • EB-2 Worldwide, Mexico, Philippines retrogressed by 1.4 months to September 1, 2023

EB-3 Professionals and Skilled Workers and Other Workers

  • EB-3 India will advance by 1 month to May 22, 2013

EB-5 Unreserved Categories (C5, T5, I5, and R5)

  • India will advance by 6.5 months to November 15, 2019
  • China will advance by 22.5 months to December 08, 2015

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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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Green card holders returning to the U.S. are facing increased scrutiny in 2025. U.S. Customs and Border Protection (CBP) is detaining more travelers with past legal issues or extended absences, and there’s a growing expectation to carry proof of ties to the U.S., like tax returns or lease agreements. New biometric systems track travel more closely, and frequent or long trips raise red flags about abandoning residency.

Green card holders are required to maintain continuous residence in the U.S. and extended or frequent trips abroad—especially those lasting over 180 days—can trigger a presumption of abandonment of permanent resident status.

Here are four key trends green card holders should be aware of when returning to the United States after temporary foreign travel.

Trend #1: Have Proof of Ties to the United States

Green card holders may be questioned by CBP about their ties and continuous residency in the United States. To help prevent complications—especially for those who have been outside the United States for 180 days or more—it may be wise for such individuals to present strong evidence of continued residence in the U.S., such as recent tax returns, employment verification, valid driver’s license, mortgage or lease agreements, and utility bills, to demonstrate that you have not abandoned your residency.

Even trips as short as three months can raise questions about your ties to the U.S.

Trend #2: CBP Officers Are Tracking Travel History

Customs and Border Protection (CBP) officers are closely reviewing the travel history of green card holders, with a close eye toward frequent or extended trips abroad. Long absences from the United States (6 months or longer) can lead to questioning or increased scrutiny at the border.

CBP officers have questioned travelers wanting to know the purpose for their trip abroad, the length of their absence, and whether their primary residence is in the U.S. or another country.

Be prepared to clearly explain your answers to these questions.

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