<![CDATA[Smal Immigration Law Office - Blog: USA Immigration Law Updates]]>

<![CDATA[Smal Immigration Law Office - Blog: USA Immigration Law Updates]]>Fri, 29 Aug 2025 15:03:04 -0500Weebly<![CDATA[New Form G-1650 How to Pay USCIS Fees After October 28 2025]]>Fri, 29 Aug 2025 19:17:30 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-form-g-1650-how-to-pay-uscis-fees-after-october-28-2025Effective October 28, 2025, USCIS will accept the filing fees ONLY through a new form G-1650. This form is effective immediately, and can be used instead of a check or money order.

U.S. Citizenship and Immigration Services has implemented a new way to pay fees using electronic debit from a U.S. bank account. Effective immediately, individuals can make transactions directly to USCIS by completing and signing Form G-1650, Authorization for ACH Transactions, and filing it with their applications, petitions, or requests.

The move aligns with Executive Order 14247, Modernizing Payments to and from America’s Bank Account, and is aimed at reducing the time and manpower required to process checks and money orders, as well as reducing the risks of fraud, lost payments, and theft.

This new ACH debit payment option is in addition to the existing option of paying by credit card using Form G-1450, giving individuals multiple options to pay required fees.

USCIS will continue to accept paper check and money order payments in addition to credit and debit payments until Oct. 28, 2025.

After Oct. 28, USCIS will accept only ACH debit transactions using Form G-1650 or credit card payments using Form G-1450.

USCIS has also issued updated guidance in the Policy Manual to include ACH debit transactions using Form G-1650 as an acceptable form of payment.

Applicants and petitioners should ensure their accounts have sufficient funds to cover all filing fees. USCIS may reject any application, petition, or request if the transaction is denied. If you do not have a U.S. bank account you cannot use Form G-1650, but you may submit Form G-1450, Authorization for Credit Card Transactions, and use prepaid credit cards to pay filing fees.

New form G-1650.

]]><![CDATA[Alert: USCIS to Enforce Consequences for False Claim to Citizenship]]>Fri, 22 Aug 2025 17:23:53 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/alert-uscis-to-enforce-consequences-for-false-claim-to-citizenshipU.S. Citizenship and Immigration Services is restoring screening and vetting processes to detect immigrants seeking to defraud or abuse the immigration system, including aliens who make false claims to U.S. citizenship.

USCIS also are actively increasing public awareness among aliens and the public about the consequences of committing immigration fraud. Aliens who use false information or deceitful practices to unfairly obtain immigration advantages will face serious consequences.

USCIS updated USCIS Policy Manual Volume 8, Part K, Chapter 2, to clarify the application of Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), to the false claim ground of inadmissibility. This guidance is effective immediately and applies to requests pending or filed on or after the publication date.

The clarified policy guidance:

Specifies that the decision in Matter of Zhang supersedes all prior DHS policy and guidance that provided a defense to the false claim to U.S. citizenship ground of inadmissibility under the Immigration and Nationality Act (INA) 212(a)(6)(C)(ii) based on an alien’s knowledge or legal capacity; and
Explains how we consider age, knowledge, and mental capacity when determining whether an alien had the subjective intent to achieve a purpose or benefit under the INA or any other federal or state law.

The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic.

Read more here and here.
]]><![CDATA[USA Revoked More Than 6000 F1 Student Visas in 2025]]>Fri, 22 Aug 2025 15:26:32 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/usa-revoked-more-than-6000-f1-student-visas-in-2025The U.S. State Department confirmed this week that more than 6,000 student visas have been revoked in 2025 as part of the Trump administration’s expanded crackdown on international students accused of breaking U.S. laws or violating visa conditions.

A State Department official said on August 18, 2025 that the cancellations mark a sharp rise in enforcement. The revoked visas include students accused of overstaying expiration dates, committing crimes, or engaging in activities that raised national security concerns.

Between 200 and 300 of the cases involved alleged ties to terrorism under the Immigration and Nationality Act. The rest were linked to immigration violations or criminal charges such as assault, burglary, and driving under the influence.

One high-profile case occurred in March 2025. Rumeysa Ozturk, a PhD student at Tufts University, had her visa revoked and was detained by immigration authorities. A federal judge ordered her release in May, but the case highlighted the administration’s hardline stance on international students who participate in campus activism.

The State Department has also instructed U.S. embassies and consulates to apply stricter screening measures to student visa applicants. Consular officers now review whether applicants express what officials call “hostile attitudes” toward American culture, government, or institutions.

F-1 visa applicants are also being asked to make their social media accounts publicly visible (not private). Limited online visibility could be flagged as an attempt to hide activity, according to the new guidelines.

A joint analysis by NAFSA: Association of International Educators and JB International projects a 30 to 40 percent drop in new international student enrollment this year. The groups warn that overall enrollment could decline by 15 percent this fall.

NAFSA estimates that the drop in international students could cost local economies more than $7 billion in lost spending. The decline could also eliminate more than 60,000 jobs tied to tuition, housing, and campus services.

Read more here.

]]><![CDATA[New USCIS Policy: Naturalization N-400 and Good Moral Character]]>Wed, 20 Aug 2025 23:04:14 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-uscis-policy-naturalization-n-400-and-good-moral-character
A recent USCIS policy memorandum, dated August 15, 2025, focuses on restoring a rigorous, holistic, and comprehensive good moral character (GMC) evaluation standard for applicants seeking naturalization through Form N-400. This memo, titled "Restoring a Good Moral Character Evaluation Standard for Aliens Applying for Naturalization," emphasizes a return to a totality of circumstances approach in assessing GMC under section 101(f) of the INA.

U.S. immigration officers will now take a broader view when judging whether green card holders can become citizens, under new guidance from the Trump administration. The policy, released August 15, directs officers to look beyond criminal records and take into account both positive contributions and conduct that may be lawful but socially suspect.

Under the new policy, USCIS officers are instructed to take a more expansive approach:

What changed: greater emphasis on Positive Contributions of the Applicant

.Applicants may now benefit from factors such as:

Long-term community involvement
Caregiving or family responsibilities
Educational achievements
Lawful and stable employment history
Financial responsibility, including paying taxes
Length of time spent lawfully in the U.S.

What changed: stricter scrutiny of Negative Conduct

USCIS will now consider:

Technically legal but socially questionable behavior (e.g., repeated traffic offenses, harassment, aggressive solicitation)
Conditional bars such as multiple DUIs, unlawful voting, or drug offenses
Any conduct that doesn’t fit with the “typical behavior” of people in a community.

What changed: Focus on Rehabilitation

USCIS is also placing greater weight on evidence of rehabilitation.

Applicants who have engaged in past wrongdoing may still be approved for naturalization if they can show genuine reform, such as:

Complying with probation
Paying overdue taxes or child support
Providing credible letters of community support
Mentoring others with similar experiences

A Shift Toward Subjective Discretion

The memo gives USCIS officers more discretion to deny citizenship based on a wider range of behaviors, even if those behaviors don’t fall into existing statutory bars.

Naturalization applicants should now expect:

More thorough background reviews that go beyond criminal records to include civic behavior, financial history, and community reputation.
Potential delays if USCIS officers require additional documentation to evaluate moral character.
Greater need to highlight positive contributions, such as volunteer work, caregiving roles, educational achievements, and long-term ties to the U.S.
Heightened risk of denial for seemingly minor infractions, including traffic violations, social misconduct, or technical noncompliance with local norms, especially if no counterbalancing evidence of rehabilitation or positive character is submitted.

Read more here.]]><![CDATA[CSPA New Policy When Child's Age is Frozen Under Visa Bulletin August 15 2025]]>Fri, 15 Aug 2025 04:28:20 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/cspa-new-policy-when-childs-age-is-frozen-under-visa-bulletin-august-15-2025
On August 8, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced a policy change that will affect how children’s ages are calculated under the Child Status Protection Act (CSPA). Going forward, the agency will use only the cut-off dates on the Final Action Dates Chart (Chart A) of the Visa Bulletin to determine whether a child has “aged out” and lost eligibility for a green card through their parents’ approved immigrant visa petitions.

The policy shift aligns the CSPA age calculation method for applicants inside and outside the United States, eliminating prior differences based on whether the child applies for adjustment of status in the United States or for an immigrant visa abroad. USCIS will start applying the new policy to adjustment of status applications (Form I-485) submitted on or after August 15, 2025. Applications filed before this date will still be processed under the prior February 14, 2023 guidance.
Note as well that the policy change does not impact the use of the Visa Bulletin’s Dates for Filing chart when determining when an adjustment application can be filed with USCIS, it only eliminates the use of the Dates for Filing chart when calculating an applicant’s CSPA age.

Background on the CSPA and the Visa Bulletin:

Under U.S. immigration law, unmarried children under the age of 21 can generally apply for a green card alongside a parent in family-based, employment-based, or diversity visa cases. If they turn 21 and age out during the immigration process, they are no longer eligible to immigrate based on their parents’ immigrant petition. Congress enacted the CSPA in 2002 to preserve child status for certain beneficiaries who would otherwise “age out” (turn 21 years old before they could be issued an immigrant visa) due to administrative delays in visa processing.

The CSPA changes the point at which the child’s age is calculated. Prior to the CSPA, a child who turned 21 before the relevant application for immigration benefits was decided would age-out. The CSPA freezes the age of the child at an earlier date in the process, and the frozen age, rather than the child’s biological age, is used to determine eligibility for immigration benefits. The CSPA preserves the status of “child” for many children who would otherwise age-out as they reach 21. For family based, employment based or diversity visa green card applications, the child’s age will freeze as of the date a visa number becomes available for the petition in question reduced by the number of days that the petition was pending, but only if the child seeks to acquire permanent resident status within one year of the date the visa became available. In essence, there are three steps: (1) determine the child’s age at the time a visa number becomes available, (2) subtract from this age the number of days that the visa petition was pending; and (3) determine whether the beneficiary sought to acquire permanent resident status within one year of the visa availability date (or if still within the year take the necessary steps). Steps 1 and 2 determine the age, but it will only be frozen if the beneficiary “seeks to acquire” within the year, including, for example, filing an adjustment of status application with USCIS. With this policy change, the date a visa became available will be based on the Final Action Dates.

Immigrant visa and green card processing follow two separate charts under the Visa Bulletin published by the Department of State each month:

The Final Action Dates Chart (Chart A) indicates when USCIS or a consulate can actually approve an immigrant visa or green card. An immigrant visa or green card is available only when the applicant’s priority date is earlier than the cut-off date in Chart A.

The Dates for Filing Chart (Chart B), on the other hand, allows applicants in the U.S. with certain non-immigrant status to file an adjustment of status application earlier, sometimes months or even years before Chart A becomes current. The benefit of doing so is that they can enter the adjudication queue earlier and become eligible for U.S work authorization and travel permit.

The Previous February 2023 Policy:
On February 14, 2023, USCIS updated its policy to consider a visa available for calculating CSPA age at the same time it considers a visa immediately available for accepting and processing the adjustment of status application:

When USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, and USCIS announces that prospective applicants may use the Dates for Filing chart when filing adjustment of status applications, then USCIS also uses the Dates for Filing chart when calculating the applicant’s CSPA age.

When USCIS announces that a prospective applicant must use the Final Action Dates chart when filing the adjustment of status application, then USCIS uses the Final Action Dates chart when calculating the applicant’s CSPA age.

Importantly, the February 14, 2023, policy will continue to apply to adjustment of status applications pending with USCIS before August 15, 2025, as these applicants may have relied on that policy when they filed.

The August 2025 Policy:

Starting August 15, 2025, only the cut-off dates under the Final Action Dates chart (Chart A) will be used for CSPA age calculation purposes. If a priority date becomes current under Chart B but not yet under Chart A, the child’s age will not be frozen.

Other Key Points:

This policy change brings back the procedural uncertainty that existed before the 2023 change, allowing the age to be determined based on the Dates for Filing chart. Based on the new policy, the CSPA age cannot be determined until a visa is available in the Final Action Date chart. Therefore, to file an adjustment under the Dates for Filing chart, there should be an estimate that the CSPA age will be calculated to be under 21 once a visa becomes available in the Final Action Dates chart. There is a risk in filing under the Dates for Filing chart, as the age cannot be frozen/calculated until a visa is available under the Final Action chart.
And as a reminder, applicants must seek to acquire lawful permanent residence within one year of when a visa becomes available to benefit from protection under the CSPA, unless they are able to demonstrate extraordinary circumstances. The August 2025 update also clarifies that USCIS considers an applicant to have satisfied the “sought to acquire” requirement if they demonstrate extraordinary circumstances for failing to seek lawful permanent resident status within one year of when a visa becomes available. If an applicant demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the February 14, 2023 policy before August 15, 2025, USCIS will still calculate the applicant’s CSPA age under the February 14, 2023 policy.

]]><![CDATA[DOS Resumes F-1 and J-1 Visa Processing for Foreign Students and Exchange Visitors, Enhanced Social Media Vetting]]>Tue, 08 Jul 2025 21:28:41 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/dos-resumes-f-1-and-j-1-visa-processing-for-foreign-students-and-exchange-visitors-enhanced-social-media-vetting
On June 18, 2025, the Department of State and the U.S. Embassies and Consulates resumed visa processing for new and returning students and exchange visitors (F, M, and J nonimmigrants) but announced enhanced social media and online presence screening and vetting procedures.

All applicants for F, M, and J nonimmigrant visas will be instructed to adjust the privacy settings on all of their social media profiles to “public” at their visa interviews. If the consular officer finds them otherwise eligible for the visa sought, the officer will issue the student an INA § 221(g) decision while they gather more information and documentation before issuing a final determination.

The guidance directs consular officers to review visa applicants’ online presence for “any indications of hostility towards the citizens, culture, government, institutions or founding principles of the United States.” Consular officers will review more than just social media accounts with particular attention to applicants with a history of political activism. Officers will comprehensively screen every visa applicant “for potential security and non-security related ineligibilities.” Although the online content found may not alone be sufficient to deny a student’s visa, officers will conduct additional vetting to determine if the applicant will respect U.S. laws and “engage only in activities consistent with” their status. While some travelers have taken to temporarily wiping their social media accounts, consular officers will be taking screenshots during their vetting process to preserve records of their findings.

What is an applicant says that they don't have any social media accounts? Lack of a public online presence or refusal to make sites accessible will raise a red flag.

If no derogatory information is found, the officer may make a decision on the visa application. However, according to the guidance, “[i]f potentially derogatory information is found, post should refuse the case under the appropriate refusal code; or, if needed, post should call the applicant back for a follow-up interview.”

According to the guidance, consular posts may resume processing of expedited appointment requests and are directed to prioritize physicians applying for J visas and applicants studying at U.S. universities where international students constitute 15 percent or less of the total student body.]]><![CDATA[Trump Administration Considers Expanding Travel Ban to 36 Additional Countries]]>Tue, 08 Jul 2025 21:25:00 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/trump-administration-considers-expanding-travel-ban-to-36-additional-countries
On June 4, 2025, President Trump issued a Presidential Proclamation restricting the entry of foreign nationals from 19 countries—imposing “full” restrictions on 12 and “partial” restrictions on 7—an action that fulfills a long-standing campaign promise of a new travel ban.

According to reports, following the Trump administration’s issuance of a travel (entry) ban/restrictions on 19 countries, President Trump is considering expanding the ban to up to 36 additional, mostly African, countries.

The 36 countries have 60 days to “mitigate ongoing vetting and screening concerns, develop corrective action plans to remediate deficiencies and evaluate progress.” A related cable reportedly said there was a range of concerns but did not specify what the concerns were for each country. In general, the cable cited concerns including unreliability in identity documents, criminal records, passports, and visa overstays, among other issues. The countries could reduce the concerns, the cable said, if they agree to accept deportees or asylees from other countries sent by the United States.

The countries on the new list reportedly include Angola, Antigua and Barbuda, Benin, Bhutan, Burkina Faso, Cambodia, Cameroon, Cape Verde, the Democratic Republic of Congo, Djibouti, Dominica, Ethiopia, Egypt, Gabon, Gambia, Ghana, Ivory Coast, Kyrgyzstan, Liberia, Malawi, Mauritania, Niger, Nigeria, St. Kitts and Nevis, St. Lucia, São Tomé and Príncipe, Senegal, South Sudan, Syria, Tanzania, Tonga, Tuvalu, Uganda, Vanuatu, Zambia, and Zimbabwe.
]]><![CDATA[A Big Beautiful Bill Act New Immigration Fees]]>Tue, 08 Jul 2025 21:09:11 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/a-big-beautiful-bill-act-new-immigration-feesOn July 4, 2025, President Trump signed the “One Big Beautiful Bill Act” into law. It contains a number of significant immigration provisions including new fees for various immigration-related applications. In most cases, these fees are in addition to existing fees.

The fees listed are minimum fees that could increase by regulation and annually for inflation. In most instances, the fees are not waivable. Fees will take effect immediately under the statute; however, there may be delays in collection as the government operationalizes payment.
Below is a chart which details the some of new fees the law is imposing on immigrants seeking humanitarian relief:

]]><![CDATA[USCIS Changes Validity Period for Medical Exam Form I-693 Signed on or after Nov. 1, 2023]]>Thu, 12 Jun 2025 19:20:43 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-changes-validity-period-for-medical-exam-form-i-693-signed-on-or-after-nov-1-2023
06/11/2025

USCIS updated Volume 8 of the USCIS Policy Manual to clarify that a Form I-693, Report of Immigration Medical Examination and Vaccination Record, signed by a civil surgeon on or after Nov. 1, 2023, is only valid while the application the Form I-693 was submitted with is pending.

If the application a Form I-693 was submitted with is withdrawn or denied, that Form I-693 is no longer valid. This guidance is effective immediately and applies to applications pending or filed on or after June 11, 2025.

Under this updated policy, if an alien submitted Form I-693 with their Form I-485, Application to Register Permanent Residence or Adjust Status, and then they withdrew their Form I-485 or we denied it, then if they submit a future Form I-485, they must submit a newly completed Form I-693 signed by a civil surgeon.]]><![CDATA[June 9, 2025 Travel Ban and Restrictions on Certain Countries]]>Mon, 09 Jun 2025 04:04:21 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/june-9-2025-travel-ban-and-restrictions-on-certain-countriesOn June 4, 2025, President issued a Presidential Proclamation restricting the entry of foreign nationals from 19 countries—imposing complete restrictions on 12 countries and “partial” restrictions on 7 countries. The legal standing of such a ban is grounded in the Supreme Court’s holding in Trump v. Hawaii, which upheld the President’s broad authority to restrict the entry of foreign nationals.

The Proclamation is not as broad and likely affects fewer travelers and organizations than anticipated. To underscore this, current visa holders are not affected by the travel restrictions announced.

When does Proclamation become effective?

The Proclamation will go into effect at 12:01 AM EST on June 9, 2025. This allows critical time for impacted individuals to prepare, and anyone impacted by this Proclamation who is presently overseas should make plans to return to the United States immediately. Return travel should be planned for no later than the end of the day on Sunday, June 8, 2025.

The Proclamation applies to individuals who are outside of the United States when it takes effect and do not have a valid visa as of the effective date.

Countries Affected by Complete Travel Ban

For countries facing a “complete” suspension, entry to the United States by both immigrants and nonimmigrants is fully suspended. The impacted countries are:

1. Afghanistan 7. Haiti
2. Burma 8. Iran
3. Chad 9. Libya
4. Republic of Congo 10. Somalia
5. Equatorial Guinea 11. Sudan
6. Eritrea 12. Yemen

The Trump administration explained that it was imposing broad travel restrictions on entry by individuals from these countries because of risk factors including limited vetting capabilities, information sharing policies, and other country-specific concerns – including terrorism, visa overstay rates, and cooperation (or lack thereof) in accepting back nationals removed from the U.S. As a result, organizations or family members sponsoring nationals from these countries should reconsider the timing of their travel to the United States for the foreseeable future—unless they qualify for one of the exceptions to the travel restrictions that are discussed later in this article.

Countries Affected by “Partial” Travel Ban

For countries facing a “partial” suspension, entry to the United States of immigrants and nonimmigrants in the B-1/B-2, F, M, and J classifications is suspended.

Consular officers are also instructed to reduce the validity of other nonimmigrant visas to the extent permitted by law:

1. Burundi 5. Togo
2. Cuba 6. Turkmenistan
3. Laos 7. Venezuela
4. Sierra Leone

Countries on both the “complete” and “partial” restrictions lists will be periodically reviewed under the terms of the Proclamation to determine if any of the suspensions or limitations imposed should be continued, terminated, modified, or supplemented.

The initial review will take place within 90 days of the Proclamation, with subsequent reviews occurring every 180 days. As a result, employers sponsoring individuals from these countries and visa applicants from these countries should closely monitor changes in federal immigration policy that may allow for future changes to their US visa and entry eligibility.

What Exceptions Apply to Those Subject to Travel Restrictions?

While the Proclamation appears broad in scope, it is important to highlight the many exceptions to the policy change—it does not apply universally to individuals from the named countries. The exceptions implemented by the Proclamation closely track those provided for during the first Trump Administration, and significant exceptions include:

Lawful permanent residents of the United States
Dual nationals of a designated country traveling on a passport of a non-designated country (for example, a dual national of the UK and Chad may be able to travel using their UK passport)
Diplomats holding A/G/NATO visas
Athletes or members of an athletic team (including coaches and immediate relatives), traveling for the World Cup, Olympics, or other major sporting event designated by the Secretary of State
Certain family-based immigrant visas and adoption visas
Afghan and U.S. government special immigrant visa holders
Religious minorities in Iran
Individuals whose entry is determined to be in the national interest involving the Department of Justice, as determined by the Attorney General
Individuals whose entry is determined to be in the national interest as determined by the Secretary of State

What Are National Interest Exceptions?

With respect to this final exception, following the travel bans imposed by the first Trump Administration, a robust system of National Interest Exceptions (NIEs) was developed by the Department of State to vet visa applications on a case-by-case basis to determine if visa issuance would serve a United States national interest. Although a Department of State implementation policy is not part of the current Proclamation, the similarities between the present Proclamation and the final travel bans upheld by the courts during the first Trump administration suggest that a similar vetting process may unfold in the coming weeks.

Of particular note, the prior framework for NIE issuance included the following categories of travelers:

Individuals providing vital support or executive direction for critical infrastructure
Individuals providing vital support or executive direction for significant economic activity in the United States
Individuals who are critical to U.S. law enforcement or intelligence efforts
Individuals traveling to support U.S. government interests, such as diplomatic missions or military cooperation
Individuals whose presence is urgently needed by a U.S. employer or agency
Athletes, artists, or other public figures participating in a high-profile event deemed to be in the national interest
Individuals with humanitarian grounds that intersect with national interest, such as medical professionals during health emergencies

The NIE process required an application to a U.S. Embassy or Consulate supported by extensive information to establish the importance of travel to the United States, including detailed letter(s) explaining the need for travel to the United States within the established parameters. Organizational sponsors and visa applicants should begin to explore creative arguments, buttressed by corroborating evidence, that illustrate how a traveler’s presence in the United States will advance key interests.

Even if robust NIE policies are implemented by the State Department, impacted individuals should expect delays in the review and adjudication of visa applications. Delays and increased scrutiny are likely to occur globally and not be limited to applicants from directly impacted countries.

It may take the State Department some time to develop a global policy implementing this Proclamation and disseminate this policy to consular posts; as such, employees should be particularly encouraged to monitor U.S. State Department websites for information regarding the implementation of this Proclamation and to determine if reciprocal restrictions are imposed for travel into other countries.

]]><![CDATA[US Dept of State temporary paused issuance of F-1 student visas while creating vetting social media protocols]]>Thu, 29 May 2025 17:03:57 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/us-dept-of-state-temporary-paused-issuance-of-f-1-student-visas-while-creating-vetting-social-media-protocolsThe State Department has ordered U.S. embassies to temporarily stop scheduling new student visa F1 appointments, because the administration works to expand social media screenings for F1 visa applicants.
The pause will last "until further guidance is issued" in the next few days.

The State Department is preparing for an "expansion of required social media screening and vetting," and all student visa applicants could be subject to social media checks, according to the cable.
This extra screening would have "significant implications" for embassies and consulates' operations, making a pause on new appointments necessary, the cable said.

Госдеп США временно приостановил интервью на студенческие визы и выдачу F-1 виз из-за того, что они готовят новые правила как они будут изучать аккаунты студентов онлайн в разных социальных сетях, Facebook, Instagram, и т.п.

Обещается, что в течение дней новые правила будут опубликованы и выдача виз восстановится.

Информация тут.

#F1 #studentvisa #F1Visa #f1visainterview #foreignstudents

]]><![CDATA[Where to find Pro Bono or Free Legal Services for Immigrants in Nebraska]]>Thu, 22 May 2025 20:51:51 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/where-to-find-pro-bono-or-free-legal-services-for-immigrantsIf you are an immigrant and looking for free or reduced fee legal help, you can inquire in your state Bar Association for local referrals. In different states, there are various resources available to you at no fee or reduced fee, based on your income. There are Hotlines and Free Legal Aid clinics for low-income individuals all over the country.

In addition, the Executive Office for Immigration Review (EOIR), Office of Policy, Public Resources Program (PRP) administers the List of Pro Bono Legal Service Providers or the “List."

The List contains information on non-profit organizations and attorneys who can help without a fee. The List also contains information on pro bono referral services that refer individuals in immigration court proceedings to pro bono counsel.

Here is the EOIR List.

MEANING OF "PRO BONO LEGAL SERVICES"
Pro Bono legal services are “those uncompensated legal services performed for indigent aliens or the public good without any expectation of either direct or indirect remuneration, including referral fees (other than filing fees or photocopying and mailing expenses).” 8 C.F.R. § 1003.61(a)(2).

RESOURCES IN NEBRASKA:

Free Legal Aid of Nebraska
https://www.legalaidofnebraska.org/
https://www.legalaidofnebraska.org/how-we-help/resources/immigrants/

Phone 402-348-1069

Phone (Toll-Free)1-888-991-9921

Nebraska Access
https://nebraskaccess.nebraska.gov/websites/legalaid.asp

Nebraska Free Legal Answers
https://ne.freelegalanswers.org/

Nebraska Low Income Legal Assistance
https://www.nefindalawyer.com/guide/59727ff7f36a56002e00039a/Low-Income-Legal-Assistance.html

Immigration Clinic in Lincoln, NE
https://law.unl.edu/immigration-clinic/

Catholic Charities of Omaha
https://ccomaha.org/immigration-legal-services/
For appointments at the St. Juan Diego Center please call 402.939.4615.

CLIA Center for Legal Immigration Assistance
https://www.clianeb.org/become-a-client

National Immigration Legal Services Directory for Nebraska:
https://www.immigrationadvocates.org/nonprofit/legaldirectory/organization.393089-Immigrant_Legal_Center_ILC
Phone:
(402) 898-1349
Toll-free:
(855) 307-6730

NILAH Nebraska Immigration Legal Assistance Hotline
https://ciraconnect.org/contact-us/
Phone 1-855-307-6730

]]><![CDATA[DHS revoked Harvard University's ability to enroll F-1 students. Students forced to transfer or lose status]]>Thu, 22 May 2025 20:03:00 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/dhs-revoked-harvard-universitys-ability-to-enroll-f-1-students-students-forced-to-transfer-or-lose-statusToday, on May 22, 2025, the DHS revoked Harvard University's ability to enroll international students, and is forcing existing students to transfer to other schools or lose their legal status.

Homeland Security Secretary Kristi Noem ordered the department to terminate Harvard University’s Student and Exchange Visitor Program certification. “This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus,” said Secretary Noem. The DHS sent a mass email alleging that "Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct".

Harvard enrolled nearly 6,800 international students in the 2024-2025 school year, amounting to 27% of its total enrollment, according to university statistics.

In 2022, Chinese nationals made up the biggest population of foreign students with 1,016, university figures show. After that were students from Canada, India, South Korea, the UK, Germany, Australia, Singapore and Japan.

Harvard's response:

“The government’s action is unlawful," the university said in a statement. "This retaliatory action threatens serious harm to the Harvard community and our country, and undermines Harvard’s academic and research mission.”

Read more here and here.

To be continued.

If you are a foreign student enrolled in Harvard, you may need to transfer to another university in order to remain in lawful nonimmigrant F-1 student status. Contact your DSO for guidance and updates.

May 23, 2025 UPDATE:

Today, a U.S. federal judge temporarily blocked the current administration from revoking Harvard University's ability to enroll foreign students.
The court order provides temporary relief to the thousands of international students who were faced with being forced to transfer under a policy that the Cambridge, Massachusetts-based university called a "blatant violation" of the U.S. Constitution and other federal laws, and said would have an "immediate and devastating effect" on the university and more than 7,000 visa holders.

"Without its international students, Harvard is not Harvard," the 389-year-old school said in its lawsuit filed earlier on Friday in Boston federal court. Harvard enrolled nearly 6,800 international students in its current school year, equal to 27% of total enrollment.

To be continued.

]]><![CDATA[ICE Issues Unemployment Warnings to F-1 Students on OPT]]>Thu, 22 May 2025 16:02:12 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/ice-issues-unemployment-warnings-to-f-1-students-on-opt
Immigration & Customs Enforcement (ICE) recently began sending warning notices to certain F-1 students engaged in Optional Practical Training (OPT), calling out that they have been enrolled in the OPT program for more than 90 days but have not reported any employment status.

The notices provide impacted students with 15 days to update their Student and Exchange Visitor Information System (SEVIS) record. If no action is taken, the student’s SEVIS record could then be terminated to indicate a violation of status has occurred for failure to timely report OPT employment or for exceeding the permissible period of unemployment during OPT. The notice further warns that failure to take corrective action may result in the initiation of removal proceedings.

Optional Practical Training
Optional Practical Training is an employment authorization program available to certain F-1 students and is designed to allow students to gain work experience that is related to their field of study in the United States. Pre- or post-completion OPT is available for a period of 12 months to eligible students. Students who have completed certain Science, Technology, Engineering, and Math (STEM) degree programs designated by the Department of Homeland Security (DHS) are eligible for an additional 24-month extension of their OPT (i.e., STEM OPT).

During periods of post-completion OPT, maintenance of F-1 status is dependent upon employment. As such, the OPT and STEM OPT programs each include limits as to how long F-1 students may be unemployed during their OPT period. During the 12-month post-completion OPT period, the unemployment limit is 90 days. During the STEM OPT period, the unemployment limit is 150 days, including any unemployment time accrued during the post-completion OPT year. Both unemployment limits are calculated in the aggregate.

Enforcement Background
During the first Trump Administration, the Student and Exchange Visitor Program (SEVP) took several actions to notify designated school officials (DSOs) and F-1 students of the potential for enforcement related to OPT unemployment limits, including a 2020 letter to students that was nearly identical to the recent May 2025 notifications.

The current notifications to F-1 students regarding potential reporting or unemployment violations of OPT also come on the heels of widespread SEVIS terminations earlier this year, many of which were successfully challenged in court – resulting in the restoration of impacted SEVIS records. Following these actions, SEVP has signaled its intention to focus on SEVIS terminations, asserting that SEVP can terminate SEVIS records where there is evidence of failure to comply with the terms of nonimmigrant status or due to a Department of State visa revocation.

What Action Should Impacted Students Take?
F-1 students, including those engaged in OPT or STEM OPT, should work carefully with their DSO to ensure compliance with all F-1 program requirements. Students in receipt of a notification indicating a potential violation of employment reporting or unemployment limits should take prompt corrective action where possible to protect against further enforcement actions by ICE. Students should also work closely with their DSOs and international offices to remain up to date regarding additional developments that may impact F-1 status and OPT.

]]><![CDATA[DHS says it will pay immigrants in the US illegally $1,000 to leave the country and pay for the tickets]]>Fri, 09 May 2025 05:21:37 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/dhs-says-it-will-pay-immigrants-in-the-us-illegally-1000-to-leave-the-country-and-pay-for-the-ticketsPushing forward with its mass deportation agenda, new administration said on Monday that it would pay $1,000 to immigrants who are in the United States illegally and return to their home country voluntarily.

The Department of Homeland Security said in a news release that it would also pay for travel assistance — and that people who use an app called CBP Home to tell the government they plan to return home will be “deprioritized” for detention and removal by immigration enforcement.

The DHS said it had already paid for a plane ticket for one migrant to return home to Honduras from Chicago and said more tickets have been booked for this week and next.

"Any illegal alien who uses the CBP Home App to self-deport will also receive a stipend of $1000 dollars, paid after their return to their home country has been confirmed through the app. ....Even with the cost of the stipend, it is projected that the use of CBP Home will decrease the costs of a deportation by around 70 percent. Currently the average cost to arrest, detain, and remove an illegal alien is $17,121. The first use of travel assistance has already proven successful. An illegal alien that the Biden Administration allowed into our country recently utilized the program to receive a ticket for a flight from Chicago to Honduras. Additional tickets have already been booked for this week and the following week. "

It’s often worse for people to leave the country and abandon their case in immigration court, if they’re already in removal proceedings. If migrants are in removal proceedings and don’t show up in court they can automatically get a deportation order and leaving the country usually counts as abandoning many applications for relief including asylum applications.]]><![CDATA[USCIS Begins Scrutinizing Social Media - Student, Faculty, and Researcher Visas Revoked]]>Fri, 09 May 2025 05:08:31 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-begins-scrutinizing-social-media-student-faculty-and-researcher-visas-revokedThe new administration has recently revoked more than 525 student, faculty, and researcher visas for a variety of reasons, or no reason. The administration has cited “antisemitic activity” as one justification for scrutinizing international students’ social media postings and other communications. The actions have raised First Amendment concerns.

On April 9, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it is “considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests.” USCIS said this new policy will immediately affect those applying for lawful permanent resident status, foreign students, and “aliens affiliated with educational institutions linked to antisemitic activity.”

USCIS said it will “consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests,” effective immediately.

The efforts to deport foreign students and others have not been confined to addressing antisemitism. The Trump administration has claimed vast authority to do so, including under the little-used Alien Enemies Act of 1798. “All of these tools that exist in the [immigration] statute have been used before, but they use them in a way that causes mass hysteria, chaos and panic with the hope that students won’t get proper legal advice and they’ll just, through attrition, leave the country,” said Jeff Joseph, president-elect of the American Immigration Lawyers Association.

In many cases, the Department of Homeland Security issues orders for students to leave the country immediately, throwing their lives into chaos and interrupting their studies and research. The new administration has terminated many Student and Exchange Visitor Program registrations without notice, placed students out of lawful nonimmigrant F-1 status, and ended their EAD employment authorizations under OPT Optional Practical Training and Curricular Practical Training.

Even permanent residents have been targeted. Reportedly, a variety of reasons are cited as justification, including traffic violations resolved years earlier.

Meanwhile, some colleges and universities are attempting to address the revocations under threats of having millions in funding yanked. Legal challenges have already been filed in some cases. The situation is complex and evolving. ]]><![CDATA[Temporary Restraining Order Granted in Case Challenging Terminations of F-1 Students’ SEVIS Records]]>Fri, 09 May 2025 05:05:39 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/temporary-restraining-order-granted-in-case-challenging-terminations-of-f-1-students-sevis-recordsIn a case challenging terminations of a group of more than 130 F-1 students’ Student and Exchange Visitor Information System (SEVIS) records, a federal judge in Georgia granted a temporary restraining order on April 18, 2025.

The order, effective immediately, directs the government to “reinstate Plaintiffs’ student status and SEVIS authorization, retroactive to March 31, 2025.”

An attorney for the plaintiffs, said, “Never before has an action like this taken place, ever, and what we see as a result is the terror in these students. This is designed to scare people into leaving, and kudos and bravo to these students for standing up for what their parents sent them here to do, which is to gain a good education.”

A hearing for a preliminary injunction is scheduled for April 24, 2025. The case is similar to other suits filed in California, Pennsylvania, Michigan, Washington, and Texas.]]><![CDATA[USCIS Updates Policy to Recognize Only Two Sexes: Male and Female]]>Fri, 09 May 2025 04:59:49 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-updates-policy-to-recognize-only-two-sexes-male-and-femaleOn April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that under a Trump administration executive order, it has updated the USCIS Policy Manual to state that it only recognizes two biological sexes: male and female.

Under this guidance, USCIS considers a person’s sex as “that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.”

USCIS said it will not deny benefits solely because the benefit requestor “did not properly indicate his or her sex.” However, USCIS noted that it “does not issue documents with a blank sex field,” so “if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.”

USCIS said it “may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request.”

This guidance applies to benefit requests pending or filed on or after April 2, 2025, USCIS said, adding that the guidance in the Policy Manual “is controlling and supersedes any related prior guidance.”]]><![CDATA[Judge Stopped Deportation After a Foreign Student F1 Visa Revocation Weeks Before Graduation]]>Sun, 20 Apr 2025 22:16:01 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/judge-stopped-deportation-after-a-foreign-student-f1-visa-revocation-weeks-before-graduationA federal judge has temporarily halted the abrupt cancellation of a student visa for Krish Lal Isserdasani, a 21-year-old international student from India who is just weeks away from earning his computer engineering degree from the University of Wisconsin–Madison.

The decision, issued Tuesday by U.S. District Judge William Conley, came after Isserdasani’s visa was unexpectedly revoked by U.S. Immigration and Customs Enforcement (ICE) on April 4. The cancellation would have forced him to leave the country by May 2—eight days before his scheduled graduation. The move left Isserdasani, who has studied in the U.S. since 2021, stunned and scrambling for answers.
Isserdasani’s attorneys say he received no prior notice or explanation from ICE or the U.S. State Department before being informed of the cancellation by UW–Madison’s International Student Services office. The court determined that this lack of due process violated his legal rights.

“Given the amount of Isserdasani’s educational expenses and potential losses from having to leave the United States without obtaining his degree, the court concludes that Isserdasani credibly demonstrates that he faces irreparable harm,” Judge Conley wrote in his ruling.

The visa cancellation stemmed from a disorderly conduct incident in November 2024 outside a Madison bar. Although Isserdasani was cited in connection with the argument, he was not convicted, nor was he given the opportunity to contest the visa termination. His name appeared in a criminal record database, which appears to have triggered the cancellation—one of over 1,000 visa revocations for international students across the U.S. since January, according to immigration lawyers tracking the cases.

“This ruling is a step toward ensuring fairness and legal protection for international students facing arbitrary actions,” said one of Isserdasani’s attorneys, speaking after the court’s decision.

UW–Madison confirmed that Isserdasani is among at least 26 international students at the university—and 40 across the University of Wisconsin system—whose visas were revoked in recent months. Many of these students were reportedly targeted over minor offenses or for participating in political activities, raising broader concerns about a systemic crackdown on international students under the Trump-era immigration agenda.
Though the administration has defended the revocations as necessary for national security and public safety, critics argue the policy lacks transparency and disproportionately harms students with no history of criminal behavior or intent to violate immigration laws.

Judge Conley’s order provides temporary relief, allowing Isserdasani to remain in the U.S. as his legal team challenges the visa revocation in court. A preliminary hearing is scheduled for April 28.

Isserdasani, who has maintained a strong academic record and was preparing for job interviews in the U.S. tech sector, expressed relief at the court’s ruling. His legal team is now focused on ensuring he can complete his degree without the looming threat of deportation.

The case has spotlighted growing concerns about the treatment of international students in the U.S. and the chilling effect such sudden policy changes can have on educational institutions that rely on global talent.
“This isn’t just about one student—it’s about protecting the integrity of our immigration system and the promise of opportunity that American universities offer,” said a spokesperson for the American Council on Education, which has been monitoring the uptick in student visa revocations. As legal proceedings continue, advocates hope the case will serve as a catalyst for broader reform in how student visas are managed and reviewed by federal agencies.
Read here.]]><![CDATA[DHS USCIS Began Screening Social Media of F1 Students and Green Card Applicants for Antisemitism, Extremism]]>Wed, 16 Apr 2025 05:30:14 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/dhs-uscis-began-screening-social-media-of-f1-students-and-green-card-applicants-for-antisemitism-extremismOn April 9, 2025, USCIS began considering non US citizens antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect foreign nationals applying for lawful permanent resident status (aka Green Card), foreign students (F-1 visa) and other foreign nationals affiliated with educational institutions linked to antisemitic activity.
Consistent with President's executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, DHS will enforce all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”

Under this guidance, USCIS will consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. This guidance is effective immediately.

Please read more at USCIS website.

]]><![CDATA[New Requirement for Noncitizens in USA: Always Carry Proof of Registration on Your Person]]>Wed, 16 Apr 2025 05:21:48 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-requirement-for-noncitizens-in-usa-always-carry-proof-of-registration-on-your-personRecently, President issued Executive Order 14159, Protecting the American People Against Invasion, in which he directed the Secretary of Homeland Security to take all appropriate action to identify “unregistered illegal aliens” residing in the United States.

The Department of Homeland Security (DHS) clarified who is subject to the registration requirement, and established a new form G-325R and online process by which unregistered foreign nationals may comply with this requirement.

WHO IS ALREADY REGISTERED? Therefore, don't need to register.
Certain categories of foreign nationals are considered registered:

Lawful permanent residents (also known as green card holders);
Foreign nationals who have applied for lawful permanent residence and provided their fingerprints;
Foreign nationals who were issued immigrant or nonimmigrant visas before their last date of arrival;
Foreign nationals issued an employment authorization document (also known as an EAD card);
Foreign nationals who were issued a Form I-94 or Form I‑94W (paper or electronic), even if the period of admission has expired;
Foreign nationals issued Border Crossing Cards;
Foreign nationals placed into removal proceedings; and
Certain foreign nationals who have been paroled into the United States.

Most foreign nationals who are authorized to work in the United States will have automatically been registered. For example, employees admitted to the United States in H-1B or L-1 status should have been issued a Form I-94 record (item 5 above). The Form I-94 can be accessed online, printed, and carried as proof of registration. Individuals granted an EAD card (item 4 above) will also have been automatically registered.

Foreign nationals not falling into one of the above categories may be required to apply for registration via the method described on the USCIS webpage on Alien Registration.

These who have to register include:

Foreign national children who turn 14 years of age in the United States, regardless of whether they were previously registered. The application for registration must be submitted within 30 days of the child’s 14th birthday.

Canadian visitors not issued a Form I-94 when entering the United States, typically at a land port of entry. This applies only if the visit to the United States is for a period of 30 days or more. Canadian citizen travelers may reference the U.S. Mission to Canada webpage on this topic.

Foreign nationals who entered the United States without inspection and admission (illegally or EWI), and who are not otherwise registered.

CARRYING PROOF OF REGISTRATION IS REQUIRED
All registered foreign nationals must carry proof of registration on their person at all times in the United States. The available proof of registration will depend on the category under which the foreign national is registered, as listed above. For example, lawful permanent residents should carry their permanent resident cards (green cards).

Non-immigrants, such as H-1B and L-1 visa holders, should carry a physical copy of the Form I-94 record or the nonimmigrant visa in the passport.
NOTES

Confirm Registration Status: Verify registration status by checking documentation against those listed on the USCIS webpage for Alien Registration.

Print and Carry Proof of Registration: Carry proof of registration at all times in the United States.

Set Reminders for Children Under 14: Create reminders to register any children who will turn 14 years of age while living in the United States.

Report Address Changes: Report changes in residential address within 10 days of moving.

Monitor for Legal Changes: Monitor the USCIS webpage on Alien Registration for updates or changes to registration requirements.

]]><![CDATA[G-325A Registration Alert: Effective April 11 2025]]>Sun, 13 Apr 2025 02:07:51 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/g-325a-registration-alert-effective-april-11-2025Effective April 11, 2025, USCIS will begin enforcing a requirement that certain foreign nationals register with the agency and submit to fingerprinting if they remain in the U.S. for 30 days or longer.

As a reminder, the following individuals do not need to register:

Many authorized immigrants and nonimmigrants are not required to apply for registration and fingerprinting under the ARR, because they already satisfied the requirement through applying for a U.S. visa or ESTA travel authorization; others are categorically exempt. The following individuals are not required to apply for registration under the new ARR policy:

Foreign nationals who remain in the U.S. for fewer than 30 days;
Nonimmigrants and those already considered to be registered, including:
Citizens of Visa Waiver Program (VWP) participating countries granted ESTA travel authorization;
Lawful Permanent Residents;
Non-U.S. citizens paroled into the United States under INA212(d)(5) even if the period of parole has expired;
Non-U.S. citizens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
Non-U.S. citizens whom DHS has placed into removal proceedings;
Canadians who enter the U.S. and are issued an I-94 record (paper or electronic);
Non-U.S. citizens issued an employment authorization document;
Non-U.S. citizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, and I-700 and provided fingerprints (unless waived), even if the applications were denied; and
Non-U.S. citizens issued Border Crossing Cards.

The following individuals do need to register:

All non-U.S. citizens, who will remain in the U.S. for more than 30 days and who did not complete the registration process in connection with a visa or ESTA admission, including:
Canadian visitors who entered the United States at land ports of entry and do not have an I-94 record;
Non-U.S. citizen children below the age of 14 who have not previously registered and who will remain in the U.S. for 30 days or more, will need to register (these children will be issued proof of registration but are not required to complete fingerprinting until they turn 14);
All non-U.S. citizen children, regardless of previous registration, who turn 14 years of age in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday;
Persons who entered without inspection EWI and who have not been fingerprinted in connection with any pending application for immigration benefits;
Permanent residents who obtained their green cards when under the age of 14 are required to register and complete fingerprinting through a Form I-90 once they reach the age of 14. The I-90 Form should be used for this type of registration rather than Form G-325R; and
Non-U.S. citizens who submitted one or more benefit requests to USCIS and who do not yet have Alternate Proof of Registration as listed below, including those who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and were not issued an employment authorization document or other acceptable proof of registration, must register with Form G-325R.

]]><![CDATA[CBP electronic device searches on the border: visa, green card, US citizen trevelers]]>Sun, 13 Apr 2025 02:04:02 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/cbp-electronic-device-searches-on-the-border-visa-green-card-us-citizen-trevelersAs the U.S. government heightens its focus on national security, international travelers—especially visa holders and lawful permanent residents—are experiencing increased scrutiny at ports of entry.
U.S. Customs and Border Protection has broad legal authority to inspect and search electronic devices — including phones, laptops, tablets, USB drives, and external hard drives – at the border. These searches do not require a warrant, probable cause, or even individualized suspicion, and can be conducted as part of routine screening at any U.S. port of entry. CBP’s authority extends to both incoming and outgoing travelers at any U.S. port of entry.
Here’s a summary of what to expect at the border, your rights and responsibilities, and how to prepare.
Recent Executive Order: Heightened national security screening
On January 20, the White House issued Executive Order 14161: Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats. This Executive Order directs federal agencies, including CBP and U.S. Citizenship and Immigration Services, to implement more rigorous screening procedures for individuals seeking entry into the United States.
Key implications for travelers include the following:

Expanded data collection. The E.O. authorizes enhanced vetting measures and broader analysis of personal data, including social media activity and electronic records.
More detailed questioning. Travelers may face additional scrutiny related to travel purpose, background, or affiliations.
Longer processing times. Enhanced screening could result in delays at ports of entry.

Travelers should assume that both device content and online presence may be reviewed during inspection. Accuracy, consistency, and preparedness are essential.
CBP device searches
CBP categorizes searches into two types:
No. 1: Basic search

Officers may ask you to unlock your device and may manually examine its contents.
Officers may browse through your photos, documents, contacts, call logs, emails, messages, downloaded apps, and browsing history.
Officers cannot access cloud content unless it's already downloaded onto the device or auto-synced.
You may be asked to put the device in airplane mode to prevent cloud-based data retrieval.

No. 2: Advanced search

If flagged for further scrutiny, CBP may connect your device to a specialized forensic tool to copy, review, and analyze data.
This could include hidden files or deleted content.
CBP may retain the device temporarily (typically for no more than five days, though extensions are possible) for off-site analysis.

Social media scrutiny
In addition to CBP’s authority to search devices, U.S. immigration agencies are expanding efforts to review the digital footprints of applicants and travelers. A recent notice proposes that the USCIS begin collecting social media identifiers from individuals applying for immigration benefits—including green cards, naturalization, asylum, and refugee status. This proposed rule reflects a growing trend toward incorporating social media review into vetting and background checks.
Travelers and visa applicants should consider doing the following:

Review your profiles. Ensure your personal, employment, and location details match your immigration records.
Adjust your privacy settings. Limit public access to sensitive content, while maintaining a professional presence.
Be thoughtful about online posts and interactions. Avoid creating content that could be interpreted as inconsistent with your immigration status or entry purpose.
Delete inactive or outdated accounts. Especially those that may contain conflicting personal details or old user names.

If you refuse to provide access

U.S. citizens cannot be denied entry for refusing to unlock a device. However, non-citizens—including visa holders and lawful permanent residents—can be refused admission or face delays.
It is important to note, in some cases, that CBP may seize the device, escalate questioning, or refer the case to other agencies.

Know the limits of your legal recourse
CBP’s border search policies—including those on electronic devices—are governed by internal directives and longstanding federal law. These policies are designed to guide CBP operations but do not create or confer any personal rights, privileges, or legal remedies for travelers. In other words, travelers generally cannot sue CBP for following these policies unless a separate legal violation can be shown.
Traveling with electronics
To protect your privacy and reduce the risk of delays or data exposure, you should do the following:
Before you travel:

Back up your device, and travel with minimal data.
Log out of social media and email apps; disable biometric access (for example, Face ID, fingerprint).
Consider using guest profiles or temporary “travel devices.”
Turn off cloud syncing, or remove apps that store sensitive information (for example, Slack, Dropbox, Signal).
Encrypt your device, and use strong alphanumeric passwords.
Consider storing critical work files or privileged content in secure cloud storage (and sign out of those services).

During travel:

Cooperate respectfully if asked to unlock a device, but avoid volunteering access to apps or platforms.
If detained or questioned extensively, ask to speak with legal counsel or your company’s HR contact.

After re-entry:

Monitor for signs of data access or tampering if your device was taken or searched.
Consider changing passwords and enabling multi-factor authentication on sensitive accounts.
Notify your legal or compliance team if any privileged, confidential, or regulated data may have been accessed.

Additional tips

Be prepared to explain your travel purpose, employer, and visa status clearly and concisely.
Ensure device data does not conflict with your stated purpose of entry.
Avoid saving politically sensitive material or participating in online discussions that could be misinterpreted.

Filing a complaint
If you believe your device was mishandled or your rights were violated during a CBP search, you can file a redress request through the Department of Homeland Security Traveler Redress Inquiry Program, known as “TRIP” for short. TRIP is a formal avenue for travelers to inquire about or resolve issues related to CBP inspections, delays, or treatment at the border. Complaint or redress requests can be submitted here.
Unfortunately for international travelers—particularly visa holders and lawful permanent residents—electronic device searches are no longer rare exceptions but a routine part of CBP’s screening authority. Travelers should assume that anything accessible on a personal device could be subject to review.]]><![CDATA[Vetting of Visa Applicants, Green Card Holders, Students, Exchange Visitors by DOS]]>Thu, 10 Apr 2025 05:17:08 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/vetting-of-visa-applicants-green-card-holders-students-exchange-visitors-by-dosThe new administration is subjecting visa applicants and even permanent residents (green card holders) to additional vetting and has placed a “temporary pause” on certain green card applications “to do more vetting.” For example, the green card applications of parolees, asylees and refugees.

Secretary of State Marco Rubio recently sent a cable to some Department of State employees on enhanced screening and social media vetting of visa applicants. Among other things, the cable states that effective immediately, consular officers must refer new or returning student and exchange visitor (F, M, and J) visa applicants to the Fraud Prevention Unit (FPU) for a mandatory social media check if they meet certain criteria:

An applicant who the officer has reason to believe has openly advocated for a designated foreign terrorist organization;
An applicant who was previously in the United States in F-1, M-1, or J-1 visa status between October 7, 2023, and August 31, 2024;
An applicant whose previous SEVIS record was terminated between October 7, 2023, and the present.

The cable states that evidence that an applicant:
…advocates for terrorist activity, or otherwise demonstrates a degree of public approval or public advocacy for terrorist activity or a terrorist organization, may be indicative of ineligibility. [This may be] evident in conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles). Or it may be evident in advocacy or sympathy for foreign terrorist organizations. All of these matters may open lines of inquiry regarding the applicant’s credibility and purpose of travel.
The cable notes that a consular officer’s revocation of a visa “must be based on an actual finding that the individual is ineligible for the visa,” not merely on suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding “other than a revocation based on driving under the influence.” If an officer suspects ineligibility, the post should refer the case for further review. Some students on visas or even with green cards have been detained and targeted for removal under INA § 237(a)(4)(C)(i), which authorizes the Secretary of State to “personally determine that [an] alien’s presence would compromise a compelling U.S. foreign policy interest” even if their statements, associations, and beliefs would be lawful.
]]><![CDATA[USCIS Plans to Require Applicants to Provide Access to Social Media Accounts]]>Thu, 10 Apr 2025 05:14:04 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-plans-to-require-applicants-to-provide-access-to-social-media-accounts
On March 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it plans to require applicants for various immigration benefits to provide access to their social media accounts. USCIS said there was a “need to collect social media identifiers (‘handles’) and associated social media platform names from applicants to enable and help inform identity verification, national security and public safety screening, and vetting, and related inspections.”

The agency said the collection of information was “necessary to comply with section 2 of the Executive order (E.O.) entitled ‘Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,’ which directs the implementation of uniform vetting standards and requires the collection of all information necessary for a rigorous vetting and screening of all grounds of inadmissibility or bases for the denial of immigration-related benefits.” The Department of State already asks for social media information in conjunction with visa applications filed outside of the United States.
USCIS said comments are will be accepted until May 5, 2025.]]>