​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.

On 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.

Recently, 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.

Effective 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.

As 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.

The 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.
​

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.

Travel to the United States has gotten trickier in recent months. Below is a summary of tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States:

• Make sure all of your documents are in order and have not expired, and that you do not have a renewal application pending. Consult with an immigration attorney before traveling for advice in specific situations.
• Consider not entering the United States now if your country is on a proposed “red” list of travel ban countries, which includes Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
• Remember that U.S. Customs and Border Patrol officers have wide leeway at ports of entry to decide who enters and who does not, regardless of visa status, and to conduct electronic searches. They can require travelers to unlock cell phones, reveal laptop passwords, or give officers their digital cameras, for example. U.S. citizens and green card holders can refuse to answer questions (other than those establishing identity and status) and still enter the country (although this could lead to delays or seizure of devices), but those with visas do not have the same rights. The American Civil Liberties Union of Northern California advises you not to give up your green card voluntarily. Some advise turning off phones and wiping data from all devices before passing through a port of entry.
• If your device is confiscated, request the name, badge number, and agency of the officer, and ask for a receipt or call the agency to request one.
• Keep your immigration attorney’s contact information handy, along with contact information for a local friend. If it appears that you might be going into a secondary inspection, you can text your friend and ask them to get in touch with your immigration attorney.
• Keep in mind that in the past, rejected travelers were often put on the next plane out, but more recently, some have been detained for days, weeks, or more.
• Check your home country’s travel advisories and warnings before traveling. Consider deferring travel to or from the United States if not necessary.

If you are referred to secondary inspection, request an interpreter if needed and available. There ordinarily will be a transcript (official record) of the questions and answers.

In 2025, lawful permanent residents LPRs or green card holders have increasingly faced denial of reentry to the United States after returning from international travel. Once considered routine, travel for permanent residents is now subject to heightened scrutiny at U.S. ports of entry. 

Recent reports from national media outlets point to an alarming pattern. One story showcased several incidents in which LPRs returning from trips abroad—some as short as two weeks—were flagged for extended secondary inspection or denied admission outright. Officers cited concerns that the individuals had “abandoned” their U.S. residence.
Another report described increased use of discretionary authority by U.S. Customs and Border Protection (CBP) to assess abandonment, with some returning residents placed in removal proceedings on the spot.
Another account similarly described a surge in detentions of green card holders at airports and land ports of entry.
CBP officers, empowered by broad statutory discretion, have been using travel history, employment records, and even statements made under pressure during inspection to question continued eligibility for LPR status. The agency’s justification centers on fraud prevention and national security, though the cases reported often involve longtime residents with deep ties to the United States.

Legal Basis for Denial of Reentry for Abandonment:

Under U.S. immigration law, lawful permanent residence is not considered abandoned solely because of international travel. However, the Immigration and Nationality Act permits CBP to treat a returning LPR as an “arriving alien” subject to inspection if they meet certain criteria, including: absence from the United States for more than 180 days, engagement in illegal activity abroad, departure while in removal proceedings, attempted entry without valid documents, or voluntary abandonment of U.S. residence.
​
USCIS Policy Manual, Volume 12, Part D, Chapter 2, outlines the standards for evaluating abandonment of permanent residence. According to this guidance, abandonment may be found when the LPR resides primarily abroad, fails to maintain ties to the U.S., or does not file U.S. taxes as a resident. The legacy Adjudicator’s Field Manual (AFM), Chapter 52, reinforces that CBP officers are tasked with assessing whether the LPR maintained the intent to permanently reside in the U.S.

The decision is discretionary and can be based on any conduct or documentation that contradicts that intent.
While absence from the United States for over one year without a reentry permit is an automatic basis for denial of entry as a returning resident, even shorter absences can trigger scrutiny. The key determinant is not time alone but the totality of circumstances surrounding the travel and residence patterns.

CBP officers at ports of entry often rely on available documentation, statements made during inspection, and computer-accessible records such as past entry-exit data, employment history, and federal tax filings. If the officer suspects abandonment, options include admitting the LPR and referring the case for deferred inspection or removal proceedings, paroling the individual into the U.S. with conditions, or issuing an expedited removal order under §235(b) of the Immigration and Nationality Act (INA).

In some recent cases, officers have requested travelers to voluntarily surrender their green card by signing Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Once signed, this form is considered a formal admission that the individual no longer wishes to retain LPR status.

Elderly LPRs in a High Risk Group:

Among those disproportionately impacted by the current enforcement trend are elderly green card holders—particularly parents of U.S. citizens who were sponsored for permanent residence through family-based petitions and now divide their time between the U.S. and their countries of origin. This group is especially vulnerable to abandonment allegations, not because of bad faith, but because of the natural structure of their lives: many are past working age, rely entirely on their U.S.-based children for financial and housing support, and spend portions of the year abroad due to caregiving obligations, cultural ties, or property matters.
These individuals often lack the types of evidence commonly associated with permanent residence, such as employment records, tax filings, utility bills in their name, or active financial accounts. When questioned at ports of entry, this absence of documentation can work against them—even if they are returning to a home they have lived in for years.

Moreover, in situations where lawful permanent residents are spending approximately half the year in the U.S. and the other half abroad, using their green card as a form of long-term visitor visa, CBP may reasonably argue that the individual is not permanently residing in the U.S. In such scenarios, the lack of a fixed U.S. domicile, especially without documents establishing residence and integration, is often used as a basis for a finding of abandonment. Even if the green card holder is living with a U.S. citizen child and dependent on them for all expenses, the perceived “temporary” nature of their U.S. presence can be scrutinized if not supported by concrete evidence of intent to reside permanently.

Reentry Permits and the Value of Documenting Intent: What Helps and What Not

For green card holders who anticipate being outside the United States for extended periods—especially those with legitimate obligations or unpredictable delays abroad—a reentry permit can be a vital safeguard. Issued after a successful Form I-131 application and biometrics appointment in the U.S., the reentry permit signals to CBP that the holder intends to maintain permanent residence despite a temporary stay abroad. While not an absolute guarantee of reentry, it can be a decisive factor in demonstrating intent and rebutting claims of abandonment.

It is important to note that reentry permits are typically issued for an initial validity period of up to two years. While the law does not prohibit the issuance of additional permits, they become increasingly difficult to obtain after the initial grant. In most cases, subsequent reentry permits are issued for just one year at a time, and the applicant must demonstrate a continued compelling reason for remaining abroad. The total maximum duration of time an LPR may spend outside the U.S. using successive reentry permits is generally limited to five years, although even that is not guaranteed. USCIS assesses each application on a case-by-case basis, and the burden is on the applicant to show that their ties to the United States remain intact and that the time abroad is truly temporary.

What Can You Do to Reduce Risk

Many LPRs adopt a documentation strategy to preserve evidence of continued U.S. residence. These materials, when maintained and organized, may help establish a record of permanent ties: a valid U.S. driver’s license or state-issued ID with a current address, copies of lease agreements, mortgage documents, or property titles, utility bills showing regular payments from a U.S. residence, IRS tax return transcripts confirming taxes filed as a U.S. resident, W-2 forms or pay stubs, U.S. bank account statements reflecting regular use, health insurance coverage under U.S.-based policies, letters from physicians or care providers explaining travel due to medical or caregiving needs, and affidavits or letters from U.S. citizen family members explaining living arrangements and ongoing support. Some individuals also prepare a brief travel summary or retain copies of communications related to the reason for international travel, such as a family emergency, property issue, or legal matter abroad. One example  illustrates both the risks and the safeguards that can help. We represented a widowed elderly client who had lawfully resided in the United States for over a decade as a green card holder. With no close family in her home country and no sentimental ties remaining there, she planned a short visit to sell her ancestral home and finalize the closure of her affairs abroad. She intended to return to the U.S. in three months and had booked her return ticket accordingly. However, during her visit, she learned that new local regulations required all homes to be renovated to a new minimum standard before sale. Navigating these renovation requirements as a single elderly woman without nearby support proved challenging. Construction delays mounted, and what was intended as a short trip stretched to nearly a full year. Despite her extended stay, she returned just shy of the 12-month mark with detailed documentation showing her intent to return within three months, the unforeseen regulatory hurdles, the construction delays, her original return ticket and multiple changes to her return date, and proof that she continued to maintain a residence and health insurance in the U.S. Because she had prepared carefully and could clearly show that her extended absence was not voluntary, she was ultimately readmitted without being referred for removal. Her case underscores how even unanticipated challenges can be navigated successfully with thoughtful planning, transparency, and evidence of ongoing ties—and why advance planning with tools like reentry permits is especially important for those who expect their time abroad may exceed six months or become unexpectedly prolonged.

Lawful permanent resident status provides substantial protections and opportunities, but it is not insulated from discretionary reexamination. CBP officers possess wide authority to question the continuity of residence, and current enforcement patterns show that certain categories of LPRs—particularly the elderly, those with extended travel histories, and individuals who reside with family without maintaining financial independence—are especially vulnerable to abandonment determinations. In light of these developments, many LPRs now adopt more deliberate planning and documentation practices before traveling. While the law has not changed in text, its application at the border is evolving—and lawful permanent residents who lack conventional evidence of ties to the U.S. may find themselves at greater risk than ever before. Those navigating complex travel situations or seeking guidance on reentry planning should consider consulting a qualified immigration attorney for assessment and strategy tailored to their circumstances.

USCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro Mayorkas extended the designation by 18 months. The move is pursuant to the Mar. 31, 2025, district court order temporarily halting the DHS’s recission of TPS for Venezuelans. Employers should stay updated on the progress of the litigation.

Expiration dates under the Jan. 17, 2025, extension are as follows:

• The 2021 designation currently expires Sept. 10, 2025. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.
• The 2023 designation is extended through Oct. 2, 2026. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.

Accordingly, employees with Venezuela TPS must be re-verified by Apr. 3, 2026. Employers should enter an expiration date of Apr. 2, 2026, on Supplement B of the I-9 form.

​https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela

On December 18, 2024, the Department of Homeland Security (DHS) introduced the H-1B Modernization Rule, which took effect on January 17, 2025, and is still in effect. This rule brings a significant change to the F-1 cap-gap extension, offering greater flexibility for foreign F-1 students transitioning to H-1B status.

What Is the F-1 Cap-Gap Extension?
The F-1 cap-gap extension is a regulatory provision that bridges the gap between the expiration of an F-1 student’s Optional Practical Training (OPT) or STEM OPT and the start of their H-1B status. Under the previous rule, this extension ended on October 1st. However, with the new 2025 rule, the extension can now continue until as late as April 1st of the following calendar year, providing up to six additional months of valid status and work authorization.

Who Qualifies for the Extended Cap-Gap?
To be eligible for this extension, F-1 students must:

1. Be the beneficiary of a timely filed H-1B petition requesting a change of status (not consular processing); and
2. Be in a valid period of OPT/STEM OPT at the time the application is received by USCIS.

Benefits for Employers and F-1 Students
This extension reduces the need for finding interim solutions for employment authorization or navigating periods of unpaid leave.