Articles Posted in I-485

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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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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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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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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 July 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 July.

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 July.

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 July.

Please click here for more information.

Highlights of the July 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

  • EB-1 China will advance by 1 week to November 15, 2022

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

  • EB-2 China will advance by 2 weeks to December 15, 2020

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 1 week to April 22, 2013
  • EB-3 China will advance by 9 days to December 1, 2020
  • EB-3 All other countries will advance by 1.7 months to April 1, 2023

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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 June 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 June.

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 June.

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 June.

Please click here for more information.

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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 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 May.

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 May.

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 May.

Please click here for more information.

Highlights of the May 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

  • No change

Final Action Advancements & Retrogressions

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 2 weeks to April 15, 2013

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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 April 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 April.

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 April.

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 April.

Please click here for more information.

Highlights of the April 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

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

  • EB-2 India will advance by 1 month to February 1, 2013
  • EB-2 China will advance by 1 month to November 1, 2020

EB-3 Other Workers

  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021

Final Action Advancements & Retrogressions

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

  • EB-1 India will advance by 2 weeks to February 15, 2022

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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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