Visa Lawyer Blog

Articles Posted in Non-Citizens

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The White House is reviewing a proposed federal rule (RIN: 1653-AA95) that could change how international students maintain legal status in the United States. The proposal, submitted by the Department of Homeland Security (DHS), would replace the long-standing “duration of status” framework with fixed-term limits for student visas.

If finalized, the rule would affect students on F-1 visas, as well as some exchange visitors and foreign media. Under the current system, international students can remain in the U.S. for as long as they are enrolled full-time and comply with visa requirements.

The proposed change would instead impose a four-year stay limit before students would need to apply for a renewal of their status.

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d4rkwzd-recruitment-6838250_1280The Trump administration has introduced a new visa screening policy at consulate interviews that could make it harder for people with potential asylum claims to enter the United States.

According to the Washington Post, consular officers are now directed to ask nonimmigrant visa applicants whether they have been persecuted in their home country, or fear harm if they return.

That question may sound harmless, but the consequences are significant. If an applicant says they have suffered harm/mistreatment in their country, or fear harm/mistreatment in returning home, their visa could be denied. If they say they do not fear returning to their home country and later apply for asylum in the United States, the government may use that earlier answer against them. This creates a serious dilemma for people who may genuinely need protection in the future.

The policy appears designed to screen potential asylum claims before an applicant ever reaches U.S. soil. Under U.S. asylum law, a person generally must be physically present in the United States or arrive at a U.S. border to request asylum. By using the visa process to flag and deny applicants who may later seek protection, the government could stop some individuals from ever getting the chance to present their asylum claims.

This change could especially affect people from countries facing political violence, religious persecution, war, government abuse, or targeted discrimination. Students, tourists, workers, and business visitors may all face difficult questions if they have legitimate reasons to travel to the U.S. on temporary visas but also fear returning home.

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USCIS is expected to pause or delay adjudication of certain immigration benefit requests that require fingerprint-based background checks following the agency’s implementation of a new enhanced FBI security vetting process.

The new process became effective on April 27, 2026.

According to reports, USCIS officers have been directed to submit pending applications for enhanced FBI background checks and to withhold final adjudication until the required security clearances are completed.

The initial group of impacted cases is expected to include applications for which fingerprints were already collected and submitted before April 27, 2026.

At a Glance

Applications requiring fingerprint-based background checks may be subject to an adjudication pause for enhanced security checks, based on new USCIS internal guidance

Affected case types are expected to include adjustment of status, asylum, naturalization, family-based green card sponsorship petitions, and other immigration benefit requests requiring biometrics (fingerprints).

For pending cases where fingerprints were submitted before April 27, USCIS officers are expected to re-submit the fingerprints already on file through the new FBI system. Applicants generally should not be required to take further action unless specifically instructed by USCIS.

Newly filed cases received after April 27 may also be placed in a processing queue while USCIS works through the backlog of pending cases requiring re-vetting. At this time, one reported exception appears to be U.S. citizenship applications where oath ceremonies have already been scheduled.

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Rising tensions in the Middle East are causing immediate disruptions to visa processing and international travel across the region. According to the State Department, several embassies throughout the Middle East have halted or significantly limited visa services following airstrikes targeting Iran and subsequent retaliatory actions.

The situation is fluid and is evolving on a daily basis.

Widespread Travel Disruptions Across the Middle East

The escalating security situation has triggered widespread travel interruptions throughout the region. Airspace closures have been reported in Iran, Israel, Kuwait, the United Arab Emirates, Bahrain, Iraq, and Qatar. Airlines have suspended flights throughout the region, and there are reports of land border closures and shelter-in-place advisories in several countries.

These disruptions are expected to significantly affect visa issuance, passport returns, and the movement of workers.

U.S. Embassy Visa Services Suspended or Limited

The following U.S. diplomatic missions across the region have implemented operational changes, including canceled appointments, and the suspension of routine visa services until further notice.

  • United Arab Emirates: The U.S. Embassy in Abu Dhabi and the U.S. Consulate in Dubai canceled all visa and U.S. citizen services appointments from March 2–4 while personnel sheltered in place.
  • Beirut: Since February 23rd non-emergency personnel have departed and all consular visa services have been suspended.
  • Qatar: Routine consular appointments at the U.S. Embassy in Doha have been canceled due to ongoing security concerns until further notice.
  • Israel: The U.S. Embassy in Jerusalem and the Tel Aviv branch office have suspended all routine visa services through March 13 and are prioritizing assistance to U.S. citizens.
  • Jordan: The U.S. Embassy in Amman issued a shelter-in-place directive and visa services are suspended for the foreseeable future.
  • Kuwait: Embassy personnel have been ordered to shelter in place and all routine visa have been suspended.
  • Dubai: The U.S. Embassy in Abu Dhabi and the Dubai branch office issued a shelter-in-place directive and all routine visa services and appointments have been postponed.
  • Pakistan: The State Department has ordered non-emergency U.S. government employees from U.S. Consulates Lahore and Karachi to leave Pakistan due to safety risks.  At the U.S. Embassy Islamabad, the consulate will not be open for routine services on March 6, but staff remain available for emergency services only.
  • Cyprus: The State Department ordered non-emergency U.S. government employees to leave Cyprus due to the threat of armed conflict. All routine visa services and U.S. Citizen services have been suspended.
  • Saudi Arabia: The U.S. Mission in Saudi Arabia has suspended all routine and emergency consular services until further notice. The State Department has authorized non-emergency U.S. government employees to leave Saudi Arabia. The U.S. Consulate in Dhahran has specifically ordered the public to stay away from the area due to ongoing attacks and security concerns.

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gdj-borders-2099239_1280The U.S. Department of Homeland Security (DHS) has officially terminated the Temporary Protected Status (TPS) designation for Yemen, ending protections that shielded Yemeni nationals from deportation and allowed them to work legally in the United States.

The change, announced on February 13, 2026, takes effect 60 days after the notice is published in the Federal Register.

Yemen was first designated for TPS in September 2015 due to severe armed conflict that made return unsafe. Since then, Yemeni nationals in the U.S., roughly 1,300–1,400 people were able to live and work here under this humanitarian status.

In announcing the termination, DHS said its review found that Yemen no longer meets the law’s requirements for TPS and that ending the designation was in the national interest. Affected individuals who have no other lawful status will have the 60-day wind-down period to either depart the U.S. voluntarily or pursue alternative immigration pathways.

The decision marks another step in the administration’s broader effort to roll back TPS protections that have been in place for decades for people from countries experiencing war, natural disaster, or other extraordinary conditions.

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barelydevi-bakery-4737781_1280Beginning March 1, 2026, the U.S. Small Business Administration (SBA) will restrict its flagship loan programs—like the 7(a) and 504 loans—to businesses that are 100 % owned by U.S. citizens or U.S. nationals whose primary residence is in the United States.

Under the revised policy, lawful permanent residents (green card holders) are no longer permitted to hold any ownership stake (direct or indirect) in businesses seeking SBA‑backed loans.

A notice published by the agency earlier this month explains, “SBA is requiring that 100% of all direct and/or indirect owners of a small business applicant be U.S. Citizens or U.S. Nationals who have their Principal Residence in the United States, its territories or possessions.”

This rule removes a long-standing exception that previously allowed limited minority ownership of up to 5% by non‑citizens (such as E-2 investors) or green card holders under certain conditions.

Officials say the new rules implement President Trump’s January 2025 executive order, “Protecting the American People Against Invasion,” described as an effort to enforce U.S. immigration laws and safeguard public safety.

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A chilling photo of 5-year-old Liam Conejo Ramos in Minnesota has put a human face to rising concerns over aggressive immigration enforcement actions taken by ICE officials.

Since that photo made national headlines, we’ve learned that federal immigration agents detained the boy and his father outside their home in Columbia Heights, a Minneapolis suburb, as they returned from the boy’s preschool.

According to the superintendent of the school district, the boy was removed from the family vehicle in the driveway and was told by agents to knock on the family’s door to see if anyone else was inside. The family said ICE agents used the boy in an attempt to coax his mother out of the house — something she avoided doing out of fear of being detained while pregnant and caring for another teenage son.

DHS denies these claims, saying the boy was taken into custody only after his father told officers he wanted the child to remain with him. Officials said they attempted to place the boy with relatives before detaining him alongside his father. Following the incident, DHS issued a statement on X, stating, “Parents are asked if they want to be removed with their children, or ICE will place the children with a safe person the parent designates.”

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visa-3653492_1280On December 2, 2025, USCIS issued a policy memorandum placing a hold on numerous immigration benefit requests and ordering the re-examination of previously approved cases.

What the Memo Says: Key Provisions

  • Pending benefit requests frozen for many nationals. USCIS is pausing processing of all pending immigration benefit requests if the applicant’s country of birth or citizenship is one of the 19 countries listed in the June 2025 travel ban.
  • Affected Benefit Requests: The pause will affect pending Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-90 (Application to Replace Permanent Resident Card (Green Card)), Form N-470 (Application to Preserve Residence for Naturalization Purposes), Form I-751, (Petition to Remove Conditions on Residence), and Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records).
  • Re-review of approved benefits. Immigration benefits (green cards, status adjustments, travel documents, etc.) already approved may now be subject to re-review if the beneficiary entered the U.S. on or after January 20, 2021.
  • Asylum applications on pause — for everyone. All pending Forms I-589 (Asylum / Withholding of Removal applications) have been paused, regardless of nationality. The hold will remain in effect until lifted by the USCIS Director
  • Extensive list of potentially affected benefits. The freeze could impact I-485 adjustment-of-status applications, green-card renewals, travel documents, removal of conditional residence, preservation of residence for naturalization, and more. Employer-sponsored petitions may also face delays or uncertainty.

In short: thousands of pending and even approved immigration benefit cases could now be delayed or re-evaluated. The USCIS policy memorandum states that in light of recent threats to the American people:

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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.

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judge-3008038_1280This week, the Justice Department announced that it has hired 36 new immigration judges — 11 permanent and 25 temporary — for the Executive Office for Immigration Review (EOIR), a key agency that handles immigration court proceedings in deportation cases.

What’s happening?

The hiring comes after several months of layoffs among immigration judges occurring earlier this year. In the past 10 months, EOIR fired more than 125 judges, causing delays in immigration court proceedings across the country.

The courts in Massachusetts and Illinois were among the most affected by these departures. The good news is these newly hired judges will begin serving across 16 states nationwide.

Who are the new judges?

  • The permanent hires largely come from federal‑government backgrounds: some from EOIR itself, some from the Department of Homeland Security (DHS), and others who previously trained agents or worked as asylum officers.
  • The temporary hires include military attorneys drawn from the Marines, Navy, Air Force, and Army.
  • These changes accompany a modification in DOJ policy that lowers the qualification requirements for temporary judges—prior immigration law experience is no longer mandatory.

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