Articles Posted in USCIS Backlogs

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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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If you have a petition pending with the U.S. Citizenship and Immigration Services (USCIS), you may be wondering why the agency is taking so long to process immigration and naturalization applications.

In this video, attorney Jacob Sapochnick discusses the main factors contributing to slow processing times and highlights the anticipated rise in wait times in 2025.

Overview

Several key factors have contributed to the slow processing times at U.S. Citizenship and Immigration Services (USCIS) during the Trump administration.

Below are some of the most significant reasons, based on insider information shared by a former USCIS officer.

Reduction in Staff and Budgetary Constraints

Employee layoffs and budgetary constraints have led to understaffed USCIS offices, reducing the agency’s ability to process applications efficiently. Trump’s return to the White House has increased staffing reductions, making it difficult for the agency to balance its workload.

Sub-Optimal Staffing and Capacity

USCIS operates with insufficient personnel to handle rising application volumes, and many offices (such as those processing green card applications) face staffing shortages or lack adequate training, reducing overall processing efficiency.

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 What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.

You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.

This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.

Overview

Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.

Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.

Here are some of the changes that may be expected from the Trump administration.

Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants

To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”

In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.

The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.

Proof of Personal Financial Resources

To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.

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If you are applying for an immigrant visa for a family member, you will encounter the National Visa Center during your immigration process. The National Visa Center is a branch of the Department of State responsible for managing the processing of immigrant visa applications.

Once USCIS has approved your immigrant petition, your case is transferred to the National Visa Center to collect additional documentation from you, before your case can be scheduled for a visa interview at a U.S. Embassy or Consulate.

In this video, attorney Jacob Sapochnick explains why there have been delays in immigrant visa processing due to challenges faced by the National Visa Center.

Overview

What are some of the problems causing delays in visa processing?

Consular Electronic Application Center (CEAC) Technical Errors

The Department of State uses an online application for immigrant visa applicants to submit required fees, forms, and documents to the National Visa Center (NVC) for review.

This tool is called the Consular Electronic Application Center, or CEAC which requires you to enter your case number and invoice ID number to login in to the platform.

After logging in the platform will instruct you regarding the steps you need to take to complete pre-processing of your case. This includes 1) paying your fees, 2) completing the DS-260 Immigrant Visa Electronic Application, and 3) uploading the required documentation.

Unfortunately, users commonly experience errors while using the Consular Electronic Application Center (CEAC) platform. This includes problems with uploading documents.

When trying to upload documents to CEAC, users who see an “Invalid Image Detected” error must save the completed document as a PDF and re-upload it.

Immigrant Visa Processing Delays

Due to these technical errors, the National Visa Center has been experiencing immigrant visa processing delays. These issues have pushed back immigrant visa processing because the National Visa Center has been unable to promptly receive, and review required documentation.

Other common situations causing delays include submitting incomplete documentation or documentation that is missing required information.

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Welcome back to ImmigrationLawyerBlog! In this video, attorney Jacob Sapochnick discusses a new rule from U.S. Citizenship and Immigration Services (USCIS) that will provide relief to nearly 800,000 applicants seeking a renewal of their employment authorization document also known as a work permit by automatically extending certain EADs from 6 months to 18 months.

Overview

On April 4, 2020, USCIS announced a temporary final rule (TFR) that increases the automatic extension period for employment authorization and EADs available to certain EAD renewal applicants from up to 180 days (6 months) to up to 540 days (or 18 months) from the printed expiration date of a previously issued EAD. 

Effective April 8, 2024, this temporary final rule will apply to two categories of EAD applicants:

(1) applicants who timely and properly filed their Form I-765 applications on or after October 27, 2023, if the application is still pending on April 8, 2024; and

(2) applicants who timely and properly file their Form I-765 application on or after April 8, 2024 and on or before September 30, 2025 (540 days after publication of this temporary final rule in the Federal Register).

Applicants must have one of these qualifying eligibility categories to receive an automatic extension of their employment authorization and/or EAD validity: A03, A05, A07, A08, A10, A12, A17*, A18*, C08, C09, C10, C16, C19, C20, C22, C24, C26*, and C31.  These eligibility categories are published on the USCIS Automatic EAD Extension webpage.

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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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