Articles Posted in N-400

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New immigration rules under Donald Trump will soon bar green card holders from receiving certain SBA government loans, while also introducing heightened scrutiny and travel restrictions for both domestic and international travel.

#1 Green Card Holders Banned from Receiving SBA Loans

Under a major policy change by the U.S. Small Business Administration (SBA), green card holders (lawful permanent residents) will no longer be eligible for SBA-backed business loans beginning March 1, 2026.

  • What’s changing: The SBA issued updated guidance requiring that 100% of all direct and indirect owners of a business seeking SBA loans must be U.S. citizens or U.S. nationals with their principal residence in the United States. This eliminates any eligibility for businesses owned by green card holders.
  • Effective date: The rule goes into effect March 1, 2026, meaning any SBA loan applications must have been assigned a loan number before that date to qualify under the old eligibility standards.
  • Programs affected: Major SBA lending programs such as the 7(a) and 504 loan programs will be impacted, cutting off access to federal funding for small businesses owned by green card holders.

#2 New Rules for Green Card Holders Traveling or Planning to Leave the U.S.

A new trend over the past three weeks indicates that green card holders returning from any of the 75 countries listed under President Trump’s visa ban are increasingly being sent to secondary inspection by U.S. Customs and Border Protection for additional questioning. While most are ultimately admitted, the added scrutiny creates yet another hurdle for lawful permanent residents returning to the U.S. after temporary foreign travel.

Social media vetting is also increasing, with green card holders reportedly being asked by U.S. Customs and Border Protection officers to display their social media accounts during re-entry inspections. Before traveling, it is important to review social media content that could be misinterpreted, taken out of context, or that is inconsistent with your immigration history.

Finally, if you plan to travel to one of the 75 countries named in President’s Trump’s visa ban, it is important to carry documentation explaining the purpose of your trip and evidence of your strong ties to the United States. Being prepared will help facilitate a smoother re-entry process.

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Still holding a green card in 2026? You might be missing out—big time. While lawful permanent residence offers stability, it also comes with limits that many immigrants don’t realize until it’s too late. From travel and tax exposure to voting rights and deportation risk, the gap between a green card and U.S. citizenship is wider than ever.

Here are five surprising differences that could make staying a permanent resident a costly mistake.

#1 Security & Deportation Concerns

One of the biggest risks of remaining a green card holder is that old criminal issues never truly disappear. Even offenses from years—or decades—ago can trigger detention or deportation if immigration laws or enforcement priorities shift.

Unlike U.S. citizens, permanent residents can be placed in removal proceedings based on past conduct—sometimes years later—making citizenship the only status that offers true long-term security from deportation. For example, a lawful permanent resident can now be detained without ever being convicted of a crime. Under the Laken Riley Act, non-citizens can face mandatory detention based solely on an arrest or charge, meaning an accusation alone can be enough to trigger custody.

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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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If you have a pending application with the U.S. Citizenship and Immigration Services (USCIS), it’s important to stay informed as policies continue to shift under the Trump administration.

Recent changes in immigration enforcement and USCIS procedures may directly affect how your application is reviewed, how long the process takes, and even whether additional information or interviews may be required.

Understanding these policy changes can help you better prepare, avoid unnecessary delays, and ensure that your application remains compliant with these changing policies.

Detentions at Green Card and Naturalization Interviews

Recent reports indicate a concerning trend of U.S. Immigration and Customs Enforcement (ICE) agents detaining individuals during green card and naturalization interviews at U.S. Citizenship and Immigration Services (USCIS) field offices.

Under the Trump administration, there has been an uptick in such incidents, raising alarm among the immigrant community. For instance, in April a Danish national and father of four, was arrested by ICE during his USCIS citizenship interview in Memphis, Tennessee, due to a missed paperwork deadline from 2015. Despite having no criminal record, he was denied bail and remains detained.

Similarly, a Palestinian student at Columbia University, was detained by ICE during his USCIS naturalization interview in Vermont. His arrest, reportedly linked to his pro-Palestinian activism, sparked legal challenges and debates over constitutional rights.

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In this video attorney Jacob Sapochnick touches upon an important debate in immigration law, is it better to keep your green card or apply for U.S. Citizenship once you are eligible to do so?

This video will explain the types of circumstances in which an individual may prefer to maintain his or her green card and opt out of becoming a U.S. Citizen.

To learn more about this important topic, please keep watching.

Overview

Differences between U.S. Citizenship versus Permanent Residence

U.S. Citizenship

Applying for U.S. Citizenship leads to a variety of legal rights and privileges that are not available to permanent residents (green card holders). For some, these benefits are a compelling reason to apply for citizenship to have access to the wide variety of opportunities that are only available to naturalized citizens.

Some of these benefits include but are not limited to:

  1. Having the Right to Vote in state and federal elections
  2. Applying to federal jobs that are only available to U.S. Citizens such as law enforcement positions, and occupations that require a high security clearance such as working in the defense industry or for the U.S. military
  3. Sponsorship of Family Members: U.S. Citizens can petition to immigrate their immediate relatives to the United States without being subject to the numerical limitations of the Visa Bulletin. Permanent residents on the other hand may only petition for certain relatives and such applications are subject to numerical limitations.
  4. International Travel Benefits: U.S. Citizens may also engage in international travel without having to worry about placing their legal status in jeopardy. Unlike citizens, permanent residents must maintain continuous residence and physical presence in the United States, or risk losing their immigration status
  5. Criminal Offenses: Certain criminal offenses can lead to the deportation of a green card holder as well as other serious issues including being permanently barred from entering the U.S. that do not affect U.S. Citizens in the same manner.

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Have you ever wondered why new immigration cases are being approved faster than older pending cases? If so, then you may be interested to learn why this is happening, as well as how the review process is conducted by the U.S. Citizenship and Immigration Services (USCIS), and what you can do if you are facing this situation.

If you would like to know more about this topic, we invite you to watch our video.

Overview

Q: My case has been pending with USCIS for several months. I have recently learned that USCIS has been giving recently filed cases priority over older cases, why is that?

USCIS Review Process

To understand this issue, let’s first discuss how USCIS accepts and reviews cases once they are received by the agency.

After you submit your application including your forms and filing fees, the first thing USCIS will do is input the receipt of your application into their system and send a notice to you by mail confirming the date your materials were received and accepted as a complete filing. This receipt is known as the Notice of Action.

USCIS will create a new file and assign a case number to your application which will appear on your Notice of Action, which you can use to check the status of your application on the USCIS website and by telephone.

Your case will then be sorted and routed to the appropriate service center or field office that will oversee the evaluation of your application. The office that will be given jurisdiction over your case is determined by a number of factors including but not limited to, your case type, agency workloads, and the date of receipt.

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If you recently became a naturalized U.S. Citizen, congratulations on accomplishing this huge milestone! Now that you have passed your citizenship interview, you will want to apply for a U.S. passport. In this short video, attorney Jacob Sapochnick, explains everything you need to know about how to apply for your new passport in 2024.

Did you know? As a U.S. passport holder, you can travel to more than 180 countries all over the world without having to obtain a visa. Additionally, one of the biggest perks of becoming a U.S. Citizen is that you can live abroad for as long as you want without worrying about your immigration status.

If this topic interests you, please keep on watching our video.

Overview

When should I apply for a U.S. Passport?

Our office typically recommends that new U.S. Citizens apply for their passport as soon as they attend the oath of allegiance ceremony and receive their naturalization certificate.

How long does it take to receive a U.S. passport after applying?

The current regular processing time for a U.S. passport to be issued is 8 to 12 weeks. Those who need a passport sooner can apply for expedited processing of their passport for an additional fee. Expedited processing times are 4 to 6 weeks. Those who need to travel within 14 calendar days, can apply for an emergency passport and receive it within several days, however appointments for emergency passports are very difficult to obtain.

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In this blog post, we discuss an important topic: can you apply for U.S. Citizenship if you are still waiting to receive a decision for a pending Form I-751 Petition to Remove Conditions on Residence, filed with the U.S. Citizenship and Immigration Services (USCIS).

We will discuss a client’s hypothetical case for you to consider under what circumstances it may be possible to apply for U.S. Citizenship with a pending I-751 petition.

Overview

As our readers may be aware, the Form I-751 Petition to Remove Conditions on Residence is subject to lengthy processing times, with 80 percent of cases receiving a decision within 20 to 30 months of filing, depending on the USCIS Field Office or Service Center that is processing the petition.

Due to these long wait times, back in January of 2023, USCIS announced that it would be extending the validity of Permanent Resident Cards (Green Cards) for applicants with a pending Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for a period of 48 months (4 years) beyond the green card’s printed expiration date.

USCIS began implementing this change by providing a 48-month automatic extension on Notices of Action mailed to applicants beginning on January 11, 2023, for Form I-829 applicants, and on January 25, 2023, for Form I-751 applicants.

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In this blog post, attorney Jacob Sapochnick talks about a brand-new proposal to increase the government filing fees for certain types of immigration benefits filed with the United States Citizenship and Immigration Services (USCIS).

Following the announcement, on January 4, 2023, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register outlining the proposed fee schedule which seeks to increase the filing fees of certain nonimmigrant visa classifications, as well as adjustment of status (green card) applications.

The government will be accepting public comments for the proposed rule until March 6, 2023. After the comment period has closed, the agency will review the public comments and issue a final version of the rule.

TIP: If you know that you will be applying for an immigration benefit that is subject to the proposed fee increase, you should apply as soon as possible to avoid incurring the higher fee.

Want to know more? Just keep on watching.

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In this blog post, we provide you with the latest details regarding upcoming changes to the N-400 Application for Naturalization in the new year. USCIS recently announced that it is planning to conduct trial testing of a newly redesigned naturalization examination that seeks to update the civics component of the N-400 examination, and potentially introduce a new English-speaking element to the examination. Trial testing is expected to begin in January 2023 and last for a period of 5 months.

Want to know more? Just keep on watching.

Did you know? During your naturalization interview, you will be asked to undergo a naturalization examination which is made up of two components, an English, and civics test. During the English examination, you must demonstrate an understanding of the English language and the ability to read, write, and speak basic English. During the civics test, you will be asked to answer questions about American government and history.

Overview

As you might be aware, this year the United States Citizenship and Immigration Services (USCIS) revealed that it received the highest number of naturalization applications since fiscal year 2008. According to statistics, approximately 1,047,000 permanent residents became U.S. Citizens in 2022, with naturalization applications rebounding to pre-pandemic levels.

What are the proposed changes to the N-400 Application for Naturalization?

Starting in January 2023, USCIS will conduct trial testing to introduce a new standardized English-speaking test as part of the requirement to demonstrate an understanding of the English language.

Additionally, the trial testing will include an updated civics examination with new content and a new multiple-choice format. The reading and writing portions of the English examination will remain unchanged.

USCIS will conduct the trial testing with volunteer community-based organizations (CBOs) that work with immigrant English language learners and lawful permanent residents (LPRs) preparing for naturalization.

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