San Diego’s immigration community has been rattled by new reports that Immigration and Customs Enforcement (ICE) is arresting individuals with no criminal history during routine green card interviews at USCIS offices—a practice that is historically unprecedented and deeply alarming.
What’s Happening
Starting in early November, immigration attorneys began reporting that ICE agents had been detaining green card applicants at routine interviews conducted at USCIS field offices.
The latest announcement from U.S. Department of State has sent ripples through immigration communities: the opening of registration for the Diversity Visa Lottery (DV‑2027) has been delayed, and changes to the entry process are on the horizon.
What’s happening?
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the October 2025 Visa Bulletin.
In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.
USCIS Adjustment of Status
For adjustment of status filings to permanent residence in the month of October, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the October 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of October?
Employment-Based Categories
Final Action Advancements
Flickr Creative Commons Attribution Jeroen Akkermans
In the last months, the U.S. Department of State released two significant policy updates that impact both immigrant and nonimmigrant visa applicants. These updates focus on a core change: applicants will now be required to have their visa interviews in their place of residence or country of nationality.
This change has significant consequences for third-country nationals who have traditionally applied for U.S. visas outside their country of nationality, particularly those renewing H-1B, E, O, and L visas, as well as immigrant visa applicants outside the United States.
Immigrant Visa Applicants Must Apply in their Country of Residence
On August 28, 2025, the State Department announced that, starting November 1, 2025, immigrant visa applicants must attend their interviews at a U.S. consulate or embassy located in their country of residence, or in their country of nationality, with limited exceptions. The update applies across all immigrant visa categories, including Diversity Visas.
There are exceptions to this rule, though they are limited. Exceptions may be granted in rare cases involving humanitarian or medical emergencies, or in circumstances involving specific foreign policy considerations. Applicants residing in countries where routine U.S. visa services have been suspended or paused will need to process their case at a designated consular post, which is typically assigned by the State Department to handle cases from those particular regions.
Existing appointments for immigrant visa interviews scheduled prior to November 1st will not be cancelled or rescheduled.
Same Policy Applies to Nonimmigrant Visa Applicants
A similar change was later announced on September 6, 2025, for nonimmigrant visa applicants. Effective immediately, nonimmigrant visa applicants must also apply for their visa in their country of residence or nationality. This means that individuals cannot simply choose a different country’s embassy based on convenience or shorter wait times unless they reside there or are citizens of that country. This applies to all third country nationals who previously traveled to embassies or consulates in Mexico or Canada to renew their nonimmigrant visas.
On Tuesday, August 19th, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance clarifying that immigration officers will assess a range of factors when determining whether to grant a favorable exercise of discretion in the green card process—signaling a tougher stance that may create additional hurdles for applicants seeking approval.
Even where a person has met all eligibility requirements for a green card, officers are required to conduct a discretionary analysis to determine whether an application should be approved. This exercise of discretion involves weighing positive factors against negative ones and considering the totality of the circumstances of each applicant’s case.
Among these factors, immigration officers will need to consider the “[legality of] past requests for parole,” “any involvement in anti-American or terrorist organizations,” and “evidence of antisemitic activity,” which are counted as negative factors weighing against a favorable exercise of discretion.
This guidance is also meant to provide clearer guidance to immigration officers on the “substantial negative discretionary weight” that should be given in cases where an individual has “endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group.” This includes those supporting or promoting anti-American sentiments, antisemitic terrorism, terrorist groups with antisemitic agendas, or antisemitic beliefs.
On August 1st the U.S. Citizenship and Immigration Services (USCIS) announced new policies that could make immigrants applying for green cards through family-based petitions more vulnerable to deportation.
The changes appear in various updates to USCIS’ Policy Manual which states that immigration officials can begin removal proceedings for immigrants who lack legal status and apply to become permanent residents through family-based petitions.
According to the Policy Manual, “if USCIS determines the alien beneficiary is removeable and amenable to removal from the United States, USCIS may issue a Notice to Appear (NTA) [in immigration court] placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”
The new policy went into effect immediately and applies to pending requests for a green card, and those filed on or after August 1st.
While the practical impact of this policy is yet to be seen, it provides immigration officials with more discretion to initiate removal proceedings even where a green card application is pending with USCIS, for those who entered the U.S. illegally, overstayed a U.S. visa, or otherwise failed to maintain their legal status.
These policy changes underscore the importance of maintaining underlying legal status throughout the green card process. Those who lack legal status or who lost their status during the green card process may be most at risk.
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the August 2025 Visa Bulletin.
In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.
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-3 Professionals and Skilled Workers and Other Workers
EB-5 Unreserved Categories (C5, T5, I5, and R5)
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the July 2025 Visa Bulletin.
In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.
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-2 Members of the Professions and Aliens of Exceptional Ability
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the June 2025 Visa Bulletin.
In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.
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.
Highlights of the June 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of June?
Employment-Based Categories
Dates for Filing Advancements
EB-2 Members of the Professions and Aliens of Exceptional Ability
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the May 2025 Visa Bulletin.
In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.
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
Final Action Advancements & Retrogressions
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
EB-5 Unreserved Categories (C5, T5, I5, and R5)
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