<![CDATA[Smal Immigration Law Office - Blog: USA Immigration Law Updates]]>Fri, 24 Oct 2025 02:11:51 -0500Weebly<![CDATA[New Immigration Parole Fee $1,000 Under H.R. 1]]>Fri, 24 Oct 2025 04:58:25 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-immigration-parole-fee-1000-under-hr-1The Department of Homeland Security is publishing a Federal Register notice to implement a new immigration parole fee required by the H.R. 1 Reconciliation Bill. The fee is $1,000 for FY 2025 and is subject to annual adjustments for inflation.

You must pay this fee when you are paroled into the United States, unless you qualify for an exception.

The Federal Register notice explains when the immigration parole fee takes effect, exceptions to the fee, and consequences if you do not pay.

Beginning on Oct. 16, 2025, if USCIS approve your request for parole or re-parole and that it requires payment of the immigration parole fee, they will notify you that you must pay this fee before they can approve your request. The notice will have payment instructions and a deadline. USCIS will not grant parole unless you pay the immigration parole fee as instructed and within the specified time period.
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Do not pay the immigration parole fee when you submit Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records. The immigration parole fee will be collected when you are paroled into the United States.

The new Parole Fee of $1,000 must be paid by any foreign national “who is paroled into the United States who does not meet an exception.”  According to this new rule, each time a foreign national is granted parole under INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A), including initial parole from outside the United States,  “parole in place,” re-parole, or parole from DHS custody, the fee will be required, unless an exception applies.

The fee will not be payable when a parole application is filed or when a travel document is issued.  Instead, it will be paid when a foreign national is paroled into the U.S. by United States Customs and Border Protection (USCBP), when a foreign national is paroled out of Immigration and Customs Enforcement (ICE) detention, or when a foreign national is granted a period of parole-in-place or re-parole by USCIS.
DHS states that the “operative event” that triggers the obligation to pay the fee is the granting and effectuation of parole within or into the United States and not the filing of an application or request. The fee is payable when parole is effectuated, regardless of when the underlying application or request was submitted. This means that any parole granted on or after October 16, 2025, will require the payment of the $1,000 fee unless an exception applies, even if the request for parole was filed and remained pending prior to this date.

Exceptions to the new $1,000 Parole Fee:

​(1) The foreign national has a medical emergency and cannot obtain the necessary treatment in the foreign state in which the foreign national is residing; or the medical emergency is life-threatening and there is insufficient time for the foreign national to be admitted to the United States through the normal visa process;

(2) The foreign national is the parent or legal guardian of a foreign national described in paragraph (1) and the foreign national described in paragraph (1) is a minor;

(3) The foreign national needs to be present in the United States to donate an organ or other tissue for transplant; and there is insufficient time for the foreign national to be admitted to the United States through the normal visa process;

(4) The foreign national has a close family member in the United States whose death is imminent; and the foreign national could not arrive in the United States in time to see the family member alive if the foreign national were to be admitted to the United States through the normal visa process;

(5) The foreign national is seeking to attend the funeral of a close family member; and the foreign national could not arrive in the United States in time to attend the funeral if the foreign national were to be admitted to the United States through the normal visa process;

(6) The foreign national is an adopted child who has an urgent medical condition; who is in the legal custody of the petitioner for a final adoption-related visa; and whose medical treatment is required before the expected award of a final adoption-related visa;

(7) The foreign national is a lawful applicant for adjustment of status under section 245 of the INA (8 U.S.C. 1255); and is returning to the United States after temporary travel abroad;

(8) The foreign national has been returned to a contiguous country pursuant to section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)); and is being paroled into the United States to allow the foreign national to attend the foreign national’s immigration hearing;

(9) The foreign national has been granted the status of Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Pub. L. 96-422; 8 U.S.C. 1522 note); or

(10) The Secretary of Homeland Security determines that a significant public benefit has resulted or will result from the parole of an foreign national who has assisted or will assist the United States Government in a law enforcement matter; whose presence is required by the United States Government in furtherance of such law enforcement matter; and who is inadmissible or does not satisfy the eligibility requirements for admission as a nonimmigrant or for which there is insufficient time for the foreign national to be admitted to the United States through the normal visa process.

The $1,000 parole fee will not be assessed if DHS finds, in its discretion, that the foreign national has established that he/she is being paroled under one of the ten enumerated exceptions. 

** EXCEPTION 7 above means that an applicant for adjustment of status whose application  (form I-485) is still pending and who is issued an advance parole document to facilitate temporary travel abroad does not have to pay the fee.**

How the new Parole Fee of $1,000 will be paid:

Payment of the $1,000 fee—and the DHS agency to whom it will be paid—will vary depending on the circumstances.  USCBP will collect the parole fee from foreign nationals who apply for admission to the United States if (1) the foreign national requests parole by presenting himself/herself for inspection at a U.S. port of entry with a valid travel document; (2) USCBP, in its discretion, determines that the foreign national should be granted parole; and (3) the foreign national does not demonstrate, in USCBP’s discretion, that he/she is eligible for one of the fee above exceptions.

Immigration and Customs Enforcement (ICE) will collect the fee when the agency grants parole to foreign nationals within its responsibility who are physically present in the United States. ICE will individually notify foreign nationals to whom the $1,000 fee applies and, upon notification, provide instructions on how to pay the fee.

USCIS will collect the HR-1 fee when it grants parole to foreign nationals within its responsibility who are physically present in the United States.

Beginning on October 16, 2025, when USCIS decides to approve a Form I-131 for parole-in-place or re-parole for foreign nationals physically present in the United States, USCIS will issue a notice prior to final adjudication stating that the parole approval is conditioned upon payment of the $1,000 fee. This notice will contain payment instructions and a deadline. Parole will only be granted after the fee has been paid. Failure to pay within the time period provided in the conditional approval notice will result in denial of the parole application.

]]><![CDATA[2025 New Pilot Program: Visa Bond Requirement for Nationals of a Few Countries]]>Thu, 16 Oct 2025 03:14:37 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/2025-new-pilot-program-visa-bond-requirement-for-nationals-of-a-few-countriesThe Department of State has identified nationals from these countries as needing visa bonds.  The implementation dates are in parentheses:  
  • Mali (October 23, 2025)
  • Mauritania (October 23, 2025)
  • Sao Tome and Principe (October 23, 2025)
  • Tanzania (October 23, 2025)
  • The Gambia (October 11, 2025)
  • Malawi (August 20, 2025)
  • Zambia (August 20, 2025)
This is outlined in INA Section 221(g)(3) and the Temporary Final Rule (TFR) establishing the pilot program.  It is based on the B1/B2 overstay rate per the Department of Homeland Security’s FY 2024 Entry/Exit Overstay Report. 
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Any citizen or national traveling on a passport issued by one of these countries, who is found otherwise eligible for a B1/B2 visa, must post a bond for $5,000, $10,000, or $15,000.  The amount is determined at the time of the visa interview.  The applicant must also submit a Department of Homeland Security Form I-352.  Applicants must agree to the terms of the bond, through the Department of the Treasury’s online payment platform Pay.gov.  This requirement applies regardless of place of application.
Applicants should submit Form I-352 to post a bond only after a consular officer directs them to do so.  Applicants will get a direct link to pay through Pay.gov.  They must not use any third-party website for posting the bond.  The U.S. Government is not responsible for any money paid outside of its systems.
A bond does not guarantee visa issuance.  If someone pays fees without a consular officer’s direction, this person will not get that money back.

Required ports of entry

As a condition of the bond, all visa holders who have posted a visa bond must enter and exit the United States through the designated ports of entry listed below.  Not doing this might lead to a denied entry or a departure that is not properly recorded:
  • Boston Logan International Airport (BOS)
  • John F. Kennedy International Airport (JFK)
  • Washington Dulles International Airport (IAD)

Visa bond compliance

The full visa bond amount will be returned if the applicant follows all terms of their nonimmigrant visa status and the visa bond.  These terms are set on the bond form Department of Homeland Security’s Form I-352 Immigration Bonds and on Travel.State.Gov.  The bond will be canceled and the money returned automatically in these situations:
  • The visa holder departs from the United States on or before the date they are authorized to stay in the United States, or
  • The visa holder does not travel to the United States before the expiration of the visa, or
  • The visa holder applies for and is denied admission at the U.S. port of entry.

Visa bond breach
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The Department of Homeland Security will send cases where the visa holder may have broken the visa bond terms to the U.S. Citizenship and Immigration Services (USCIS).  This is to determine if there was a breach.  It includes, but is not limited to, these situations:
  • The visa holder departs from the United States after the date when he or she is authorized to stay in the United States.
  • The visa holder stays in the United States after the date he or she is authorized to do so and does not leave.
  • The visa holder applies to adjust out of nonimmigrant status, including claiming asylum.

​Read here.
]]><![CDATA[Worldwide U.S.  Visitor B-2 Visa Refusal Rates for a FY 2024]]>Thu, 16 Oct 2025 03:05:03 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/worldwide-us-visitor-b-2-visa-refusal-rates-for-a-fy-2024The U.S. publishes the visa denial or visa refusal rates every year.

Visa denial rates for a Fiscal Year 2024 are available here. This chart combines adjusted denial rates by nationality and only for B-2 Visitor visa. 

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]]><![CDATA[New 2025 Citizenship Civics Test Effective: October 20, 2025]]>Tue, 07 Oct 2025 00:24:26 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-2025-citizenship-civics-test-effective-october-20-2025New 2025 Citizenship or Civics Test: effective date October 20, 2025.

USCIS will administer the 2025 Naturalization Civics Test to applicants who file Form N-400, Application for Naturalization on or after October 20, 2025.

The 2025 Naturalization Civics Test is an oral test consisting of 20 questions from the list of 128 civics test questions. You must answer 12 questions correctly to pass the 2025 Naturalization Civics Test. You will fail the test if you answer 9 of the 20 questions incorrectly.
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Officers will stop asking questions when an you answers 12 questions correctly, or 9 questions incorrectly.

You can download the list of 128 QUESTIONS & ANSWERS here.

Additional information is here. 

To ask questions or schedule a consultation, please use our online calendar.

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]]><![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.
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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.

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]]><![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.

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]]><![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.

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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:

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]]><![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:
  1. Lawful permanent residents of the United States
  2. 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)
  3. Diplomats holding A/G/NATO visas
  4. 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
  5. Certain family-based immigrant visas and adoption visas
  6. Afghan and U.S. government special immigrant visa holders
  7. Religious minorities in Iran
  8. Individuals whose entry is determined to be in the national interest involving the Department of Justice, as determined by the Attorney General
  9. 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

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]]><![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 ​

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]]><![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.
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]]><![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-graduation​A 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.
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