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.
On September 18, 2025, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register announcing the implementation of a newly revised civics test for naturalization applicants, known as the 2025 Naturalization Civics Test.
This updated version builds on the 2020 test—and will replace the existing 2008 civics examination for most applicants.
The civics test remains a key component of the naturalization process, intended to evaluate an applicant’s knowledge of U.S. history, government, and civic responsibilities. While the English language portion of the test remains unchanged, the civics section has been updated to improve clarity and educational relevance.
What’s New & What’s the Same
Key Changes in Test Procedure
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.
Starting September 2, 2025, the U.S. Department of State will implement major changes that limit eligibility for nonimmigrant visa interview waivers.
Under the State Department’s new revised policy, most applicants—including children under 14 and adults over 79—will be required to attend an in-person interview with a U.S. consular officer, with limited exceptions.
This new policy replaces the previous Interview Waiver Update issued on February 18, 2025, and will significantly impact individuals seeking to travel to the United States on a nonimmigrant visa including workers seeking to renew their visas.
Who Can Still Qualify for an Interview Waiver After September 2?
Although the new rules tighten overall interview requirements, certain applicants may still be eligible for an interview waiver, including:
Applicants under the following visa classes are exempt from the interview requirement:
Those applying for visas that support diplomatic or governmental missions may still be eligible for interview waivers.
Applicants may qualify for an interview waiver if they meet all the following conditions:
On June 18, 2025, the State Department announced that U.S. Embassies and Consulates around the world will resume scheduling appointments for F, M, and J nonimmigrant visas, introducing new guidance that includes stricter vetting procedures and an expanded review of applicants’ social media activity.
Moving forward, all F, M, and J nonimmigrants applying for visas at U.S. Consulates overseas will be instructed to change their social media privacy settings to “public” so that they can be reviewed by Consular officers. Those who fail to comply may be presumed to be evading the vetting process and risk having their application denied.
Under the State Department’s new policy that views a U.S. visa as a privilege rather than a right, these enhanced screening and vetting measures aim to identify individuals who may present a threat to our national security.
As part of the process, visa officers will closely examine applications to confirm both the applicant’s eligibility for the requested visa and their intent to carry out activities aligned with the purpose of their entry into the United States. Internal guidance sent to Consular officers also states that officers should look for, “any indications of hostility toward the citizens, culture, government, institutions, or founding principles of the United States.”
Harvard Travel Ban Blocked by Federal Judge
Earlier this month President Trump had signed an Executive Order suspending the entry of all nonimmigrants and exchange visitors attending Harvard University, for a period of 6 months starting June 4th (the effective date of the proclamation).
Those affected by the executive order were F, J, and M visa holders outside of the United States as of the date of the proclamation. The suspension did not apply to nonimmigrants entering the United States to attend other universities.
Shortly after the executive order was issued, a federal judge granted a preliminary injunction, temporarily halting its enforcement until the court can rule on the merits of the case.
Following the court’s actions, the State Department ordered embassies and consulates around the world to resume visa processing for Harvard University students and exchange visitors.
As a result, Harvard students can breathe easier. While the preliminary injunction remains in effect, consulates are barred from denying visas to Harvard students and exchange visitors, and visa holders attending Harvard cannot be refused entry to the United States.
For more information, please click here.
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
The Trump administration is not letting up on its campaign to target international students applying for visas at U.S. Embassies and Consulates, beginning with Harvard University students.
On Friday May 30, 2025, the Secretary of State Marco Rubio sent an internal cable to U.S. Embassies and Consulates worldwide requiring them to “immediately begin additional vetting” for all applicants seeking a visa to travel to Harvard University “for any purpose.”
While the internal cable is not publicly available, its contents have been reviewed by several prominent media outlets including Politico and CNN.
According to their reports, the cable indicates that the State Department has adopted a new policy requiring Consulates and Embassies to review the social media accounts of all nonimmigrant visa applicants seeking to attend Harvard University, including prospective students, current students, faculty members, contractors, guest speakers, and even tourists visiting the university. This initiative, directed by Secretary of State Marco Rubio through a diplomatic cable, is set to begin immediately and serves as a pilot program that is expected to expand to other U.S. schools, colleges, and universities.
The policy specifically targets the identification of antisemitic content and antisemitic viewpoints published on online social media platforms. The cable notes, “the enhanced vetting measures described in this guidance aim at ensuring that consular officers can appropriately identify such visa applicants with histories of antisemitic harassment and violence, and to duly consider the visa eligibility under U.S. immigration law.” Notably, the cable does not specify what specifically would indicate “inadmissible antisemitism” nor does it define online activities that would render an individual ineligible for a visa.
Consular officers are instructed to conduct comprehensive screenings of applicant’s social media accounts, including those set to private. The cable notes that consular officers should determine, either in pre-screening or an interview, if the applicant is seeking to travel to Harvard, and such applicants should be refused a visa “pending review of their online presence.”
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