Articles Posted in Lawful Permanent Residents

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I-751 denials for conditional residents are surging in 2026, and many conditional green card holders are being caught off guard. What used to be a routine filing is now under intense scrutiny, with even minor errors triggering denials. As USCIS tightens standards, understanding the risks—and how to avoid them—has never been more critical.

A conditional permanent resident is someone who received a two-year green card through a recent marriage and must file Form I-751 during the 90 days before it expires to prove the marriage is real and remove those conditions. Failure to timely file an I-751 application can lead a person to lose their status.

In this video, we break down exactly how to avoid becoming part of the rising denial statistics and set your application up for approval.

If you are Divorced, Expect a Tougher Review

In just recent months, the I-751 approval rate has plunged from roughly 85% to just under 60%.

A major driver of these denials is USCIS’s heightened scrutiny of divorced applicants. I-751 waivers are filed by applicants who are no longer married to the U.S. citizen spouse through which they originally obtained conditional residence.

Applicants filing I-751 waivers face tougher scrutiny, with officers increasingly questioning the legitimacy of marriages that ended in divorce.

What many applicants don’t realize is that you should only file an I-751 waiver after your divorce is final, because without a final divorce decree, USCIS will likely deny the case.

If you don’t have your final divorce decree within the 90-day filing window, you should work with an attorney to fully document your pending dissolution and explain the situation to USCIS.

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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 January 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 in the new year.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of January, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the January 2026 Visa Bulletin

At a Glance

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

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 by 10 months to February 1, 2023
  • EB-1 China will advance by 10 days to February 1, 2023

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

  • EB-2 India will advance by 2 months to July 15, 2013
  • EB-2 China will advance by 3 months to September 1, 2021
  • All other countries will advance by 2 months to April 1, 2024

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 1.8 months to November 15, 2013
  • EB-3 China will advance by 1 month to May 1, 2021
  • All other countries will advance by 1 week to April 22, 2023

EB-3 Other Workers

  • EB-3 India will advance by 1.8 months to November 15, 2013
  • EB-3 China will advance by 1 year to December 8, 2018
  • All other countries will advance by 1 month to September 1, 2021

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Navigating the U.S. immigration system is difficult enough — but what many people don’t realize is that even legal immigrants can face deportation for mistakes they never knew were serious.

From minor paperwork oversights to everyday misunderstandings of immigration rules, these pitfalls can put lawful status at risk without warning.

In this guide, we break down the 7 most common mistakes that get even legal immigrants deported — and number 4 surprised even us. Understanding these risks is essential to protecting your future in the United States.

Mistake #1 Crimes of Moral Turpitude

Certain offenses—known as crimes involving moral turpitude—carry especially harsh consequences, including deportation, even for green card holders.

These crimes typically involve conduct considered dishonest, deceptive, or morally unacceptable, such as fraud, theft, domestic violence, or certain assault-related offenses.

What complicates things further is that even a single conviction could trigger removal proceedings for permanent residents and nonimmigrant visa holders.

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If you’re a U.S. Green Card holder, you might think your permanent residency means smooth sailing through Customs and Border Protection (CBP) after returning from temporary foreign travel. But 2025 has brought some surprising developments that remind every lawful permanent resident (LPR) to be extra cautious. These changes might sound a little crazy—but ignoring them could cause big problems at the port of entry.

New CBP Policy—Mandatory Data Collection Practice

Starting December 26, 2025, CBP will roll out a new policy mandating the collection of biometric data from green card holders and noncitizens upon their entry to and departure from the United States.

This new policy requires all noncitizens, including green card holders, to have their photograph taken and potentially provide additional biometrics (such as fingerprints, iris scans, or voice prints) when entering or exiting the U.S. via land, sea or airports.

The regulation is intended to strengthen border security, reduce travel document fraud and ensure more accurate records of departures and arrivals; however, it also raises significant privacy considerations as agencies will collect, store, and process biometric data from large numbers of individuals.

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In this video we discuss five emerging trends in 2025 that are likely to affect U.S. green card holders — they reflect changes and risks that are gaining traction.

If you’re a green card holder—or hoping to become one—you need to know that getting arrested for driving under the influence, accumulating speeding tickets, not paying taxes, or even prolonged absences from the United States can have serious consequences for your status.

What to Avoid

To stay off the radar of immigration enforcement—especially under stricter policies—it’s crucial to avoid any legal troubles that could flag your record. This means steering clear of DUIs, repeated traffic violations like speeding tickets, and making sure you’re fully compliant with tax filings. Also, be cautious with international travel. Extended or frequent trips abroad without proper documentation can raise red flags.

Staying law-abiding, keeping your paperwork in order, and consulting an immigration lawyer if issues arise are the best ways to minimize risk and protect your status.

Here’s what you need to know.

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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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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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