USCIS Confirms Court Order Vacating Immigration Hold Policies: What Applicants Need to Know Now

Updated June 13, 2026

On June 12, 2026, U.S. Citizenship and Immigration Services issued a significant announcement titled Court Order on Hold Policies that may affect thousands of immigration applicants whose cases were delayed, frozen, or subjected to enhanced review over the past several months.

The announcement follows a federal court decision in Dorcas International Institute of Rhode Island v. USCIS and represents the first official confirmation from USCIS regarding how the agency will respond to the ruling.

The most important language appears in the middle of the announcement.

USCIS states:

“With entry of final judgment this order is effective immediately, and pursuant to the court-ordered vacatur, applies agency-wide.”

The agency then makes an even more significant statement:

“Thus, the vacatur applies to PM 602-0192, PM 602-0194, and PA 2025-26, which should be treated as if they are not in effect.”

For immigration lawyers, employers, universities, healthcare systems, and affected applicants, those two sentences may be among the most important immigration policy developments of 2026.

Why?

Because USCIS is acknowledging that three major policies that had been used to freeze, delay, or subject immigration applications to enhanced review must now be treated as though they do not exist.

The announcement affects policies linked to:

• the June 2025 travel ban;
• the December 2025 expanded travel ban;
• nationality-based adjudication holds;
• affirmative asylum adjudication pauses;
• enhanced vetting procedures;
• re-review requirements for previously approved immigration benefits;
• discretionary adjudication guidance involving designated countries.

In practical terms, USCIS is telling adjudicators throughout the agency that the policies invalidated by the Rhode Island federal court can no longer serve as the basis for delaying or withholding immigration decisions.  This is USCIS Court Order Vacating Immigration Hold Policies

Key Takeaways

• USCIS has acknowledged that PM-602-0192, PM-602-0194, and PA-2025-26 must be treated as though they are not in effect.
• The court’s vacatur is effective immediately.
• USCIS states that the order applies agency-wide.
• The affected policies were tied to Presidential Proclamations 10949 and 10998.
• The policies impacted applicants from approximately 39 countries.
• Green cards, citizenship applications, asylum cases, work permits, and other immigration benefits were affected.
• USCIS has indicated that further guidance is forthcoming.
• On June 12, 2026, a Notice of Appeal to the U.S. First Circuit Court of Appeals has been filed by USCIS.

USCIS Is Complying — But It Is Not Conceding

The June 12 announcement contains another important sentence that should not be overlooked.

USCIS states:

“USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review.”

That sentence accomplishes two things simultaneously.

First, USCIS confirms that it is currently complying with the court’s order.

Second, USCIS signals that additional litigation is likely.

The phrase “pending possible further judicial review” strongly suggests that an appeal to the First Circuit Court of Appeals is under consideration.

As a result, applicants should understand that the legal landscape could continue to evolve over the coming months. On June 12, 2026, a Notice of Appeal to the U.S. First Circuit Court of Appeals has been filed by USCIS.

For now, however, USCIS has publicly acknowledged that the challenged policies must be treated as though they are not in effect.

That is the operative fact.

 

What Exactly Did USCIS Say Is No Longer in Effect?

The June 12 announcement identifies three specific policies.

PM-602-0192

Official memorandum:

PM-602-0192

This memorandum established broad adjudication holds and enhanced review procedures affecting immigration benefits involving nationals from designated countries.

For additional background, see:

• Frozen Files: How Trump’s PM-602-0192 Quietly Halts USCIS Cases for Millions
• Is Your Case Frozen Under USCIS PM-602-0192?
• How the USCIS Memo PM-602-0192 National Security Hold Affects You

PM-602-0194

Official memorandum:

PM-602-0194

This memorandum expanded the hold framework and broadened enhanced-review procedures following the December 2025 Presidential Proclamation.

For additional background, see:

• January 1, 2026 USCIS Memo (PM-602-0194): USCIS Is Putting Certain Pending Immigration Benefits on Hold

PA-2025-26

Official memorandum:

PA-2025-26

The court also vacated USCIS Policy Alert PA-2025-26, which directed officers to treat nationality-based concerns identified in the Presidential Proclamations as discretionary adjudication factors.

Together, these policies formed the backbone of USCIS’s nationality-based hold and enhanced-review framework.

According to USCIS’s own June 12 announcement, all three policies must now be treated as though they are not in effect.

 

Why the USCIS Announcement Matters More Than the Court Decision Alone

Court decisions are important.

But agency implementation is what ultimately affects applicants.

The June 12 USCIS announcement is significant because it tells field offices, service centers, asylum offices, adjudicators, supervisors, and immigration officers how the agency intends to proceed.

Without this announcement, applicants might have faced uncertainty regarding whether USCIS would narrowly interpret the court’s ruling.

Instead, USCIS acknowledged that:

• the judgment is effective immediately;
• the order applies agency-wide;
• the policies must be treated as though they are not in effect.

Those statements are likely to become central citations in future litigation involving delayed immigration benefits, federal mandamus lawsuits, and Administrative Procedure Act challenges.

Why This May Become One of the Most Important Immigration Cases of 2026

The significance of the Dorcas litigation extends far beyond travel bans.

At its core, the case asks a simple but profound question:

Can USCIS effectively suspend adjudications for large groups of immigrants through internal policy memoranda without clear statutory or regulatory authority?

The Rhode Island federal court answered that question by vacating the challenged policies.

USCIS has now acknowledged that ruling and instructed officers nationwide to treat the policies as though they are not in effect.

For potentially thousands of applicants whose cases were delayed, frozen, or subjected to enhanced review, that development could be transformative.

What Comes Next?

The next questions are equally important:

• Which countries were affected?
• What immigration benefits were frozen?
• How many applicants were impacted?
• What hardships did the court identify?
• What exactly did the judge say?
• Will USCIS quickly adjudicate the backlog?
• Should applicants submit expedite requests?
• Should applicants file mandamus lawsuits?
• What happens during the government appeal, and will it seek and obtain a stay?

Those questions are examined in the next section.

Which Countries, Immigration Benefits, and Applicants Were Affected?

One of the most common questions following USCIS’s June 12, 2026 announcement is:

Who was actually affected by the now-vacated USCIS hold policies?

The answer is broader than many people realize.

The challenged policies did not merely affect visa issuance overseas.

They reached deep into the domestic immigration system and affected green card applicants, citizenship applicants, asylum seekers, workers, physicians, researchers, students, families, and other immigrants already living in the United States.

Many affected individuals had already filed applications, paid filing fees, completed biometrics appointments, attended interviews, and complied with every USCIS requirement.

Yet their cases were delayed, frozen, or subjected to enhanced review because of policies linked to the Administration’s travel-ban framework.

Which Countries and Nationalities Were Affected?

The challenged USCIS policies were implemented pursuant to Presidential Proclamation 10949 and Presidential Proclamation 10998.

Together, those proclamations formed the basis for PM-602-0192 and PM-602-0194.

The resulting USCIS hold framework ultimately affected nationals from approximately 39 countries, as well as certain individuals traveling on Palestinian Authority-issued or endorsed travel documents.

Countries Subject to Full Restrictions

Nationals of the following countries were subject to the most significant restrictions:

• Afghanistan
• Myanmar (Burma)
• Burkina Faso
• Chad
• Republic of the Congo
• Equatorial Guinea
• Eritrea
• Haiti
• Iran
• Laos
• Libya
• Mali
• Niger
• Sierra Leone
• Somalia
• South Sudan
• Sudan
• Syria
• Yemen

These countries formed the core group subject to the most restrictive portions of the travel-ban and enhanced-vetting framework.

Countries Subject to Partial Restrictions

Additional countries were subject to partial restrictions and enhanced scrutiny:

• Angola
• Antigua and Barbuda
• Benin
• Burundi
• Côte d’Ivoire
• Cuba
• Dominica
• Gabon
• Gambia
• Malawi
• Mauritania
• Nigeria
• Senegal
• Tanzania
• Togo
• Tonga
• Turkmenistan
• Venezuela
• Zambia
• Zimbabwe

Palestinians Were Also Affected

An important point frequently overlooked in discussions of the travel-ban framework is that the challenged policies extended beyond nationals of listed countries.

Under Presidential Proclamation 10998, restrictions also applied to certain individuals traveling on:

• Palestinian Authority-issued travel documents;
• Palestinian Authority-endorsed travel documents.

As a result, some Palestinians were subjected to the same adjudication holds, re-review procedures, and enhanced scrutiny applied to nationals of the designated countries.

For that reason, the affected population should be understood as including:

• nationals of the designated countries;
• individuals traveling on Palestinian Authority-issued or endorsed travel documents.

This distinction is important because many Palestinians do not appear on the country list itself but were nevertheless affected by the policies challenged in Dorcas.

What Immigration Benefits Were Frozen or Delayed?

A common misconception is that the policies affected only visa issuance abroad.

That is incorrect.

The challenged policies reached deeply into the domestic immigration system.

Green Card Applications

Perhaps the most significant category involved permanent residence applications.

Affected applications included:

• Form I-485 Adjustment of Status;
• family-based green cards;
• employment-based green cards;
• humanitarian adjustment applications.

Many applicants had already completed biometrics and interviews before their cases entered extended review.

 

Employment Authorization Documents (EADs)

The policies also affected work authorization requests.

This included:

• Form I-765 applications;
• initial EAD applications;
• EAD renewals;
• work permits linked to pending immigration benefits.

For many applicants, delayed EAD adjudications immediately threatened employment and financial stability.

Naturalization Applications

The hold policies also affected citizenship applicants.

This included:

• Form N-400 Naturalization applications;
• citizenship interviews;
• naturalization adjudications;
• oath-related processing.

For lawful permanent residents who had waited years to become eligible for citizenship, additional delays often carried significant consequences.

Affirmative Asylum Applications

One of the most controversial aspects of the litigation involved affirmative asylum adjudications.

The challenged framework reportedly prevented USCIS from issuing decisions in many asylum cases involving affected applicants.

For asylum applicants, delayed decisions can affect:

• employment authorization;
• family reunification;
• long-term stability;
• eligibility for permanent residence.

 

Previously Approved Immigration Benefits

The policies also extended beyond pending cases.

Certain approved immigration benefits were reportedly subjected to re-review procedures.

In some situations, USCIS reopened scrutiny of cases that had already received favorable decisions.

The Rhode Island court viewed these re-review procedures as part of the challenged framework.

Discretionary Immigration Benefits

The court also vacated guidance directing officers to treat nationality-based concerns as negative discretionary factors in adjudications.

As a result, officers may no longer rely upon the vacated guidance as a basis for discretionary decisions.

How Many Cases Were Affected?

One of the most frequently asked questions is:

How many immigration cases were frozen under PM-602-0192 and PM-602-0194?

The honest answer is that no definitive public number currently exists.

USCIS has not released a comprehensive accounting of:

• affected adjustment applications;
• delayed naturalization cases;
• impacted asylum cases;
• affected EAD applications;
• re-reviewed approved cases.

However, several facts suggest the impact was substantial.

The policies:

• operated nationwide;
• remained in effect for months;
• touched some of the most commonly filed immigration benefits;
• affected nationals from dozens of countries;
• were challenged by organizations representing millions of immigrants and workers.

As a result, the number of affected applicants may ultimately reach into the hundreds of thousands.

How Did the Delays Harm Applicants?

A central theme of the Dorcas litigation was that the challenged policies created real-world hardship.

The case was not merely about agency procedure.

It was about people.

According to the court, many affected applicants had:

• followed immigration laws;
• filed applications properly;
• paid filing fees;
• completed biometrics;
• attended interviews;
• complied with every USCIS requirement.

Yet many remained unable to obtain decisions.

Employment Consequences

Delayed adjudications threatened:

• employment opportunities;
• work authorization;
• professional licensing;
• research positions;
• business operations.

Researchers, physicians, scientists, and other professionals faced significant uncertainty because USCIS simply stopped making decisions.

Family Separation

Delayed green card adjudications often affected entire families.

Applicants frequently postponed:

• family reunification plans;
• international travel;
• educational decisions;
• employment opportunities.

For many families, uncertainty became the greatest hardship.

Educational and Research Disruption

Universities, laboratories, hospitals, and research institutions also experienced consequences.

Immigration delays can interrupt:

• academic programs;
• scientific research;
• medical training;
• healthcare staffing.

These effects extend beyond individual applicants and can impact entire institutions.

Humanitarian Consequences

For asylum applicants and humanitarian beneficiaries, delayed adjudications often create profound instability.

Many applicants remained unable to:

• plan for the future;
• reunite with family members;
• obtain long-term immigration security;
• move forward with permanent residence.

Emotional and Psychological Stress

Chief Judge McConnell repeatedly recognized the uncertainty created by indefinite delays.

Perhaps the most memorable line in the decision is:

“Plaintiffs and their members are stuck waiting.”

For many affected immigrants, that phrase accurately captures the practical impact of the challenged policies.

The issue was not denial.

The issue was the absence of any decision at all.

Richard Herman’s Observation

One reason the Dorcas decision has resonated so strongly is that many affected applicants were precisely the people policymakers often tell to “follow the law” and “get in line.”

According to the court, they did.

• They filed applications.
• They paid fees.
• They completed biometrics.
• They attended interviews.
• They complied with every requirement imposed by USCIS.
• Then they waited.

The Rhode Island court repeatedly returned to a simple principle:

Immigration agencies possess broad authority to adjudicate applications.

They do not possess unlimited authority to leave applicants in indefinite limbo after those applicants have complied with the law.

That principle may ultimately become one of the most important legacies of the Dorcas decision.

Coming in Part III

Next, we examine:

• the most important judicial findings in Dorcas;
• the strongest quotes from Judge McConnell;
• why the court rejected USCIS’s legal arguments;
• how the decision may affect future immigration litigation;
• whether USCIS is likely to appeal;
• what happens if the First Circuit grants a stay.

What the Judge Actually Said — And Why the Court Ruled Against USCIS

The Dorcas decision has attracted national attention not merely because the court vacated USCIS policies, but because of the unusually direct language used by Chief Judge John J. McConnell Jr.

Readers can review the complete opinion here:

Dorcas International Institute of Rhode Island v. USCIS

Throughout the decision, the court repeatedly returned to a simple theme:

People who follow the immigration rules should receive decisions on their applications.

That principle ultimately drove much of the court’s analysis.

“Follow the Law” and “Do Things the Right Way”

One of the most memorable passages appears near the beginning of the opinion.

Judge McConnell wrote:

“If people wish to immigrate to the United States, they ought to ‘follow the law’ and ‘do things the right way.'”

The court then observed that the plaintiffs and their members had done exactly that.

According to the court, affected applicants had:

• filed immigration applications;
• paid filing fees;
• submitted supporting documentation;
• completed biometrics appointments;
• attended interviews;
• complied with USCIS procedures.

Yet many remained unable to obtain decisions because of the challenged policies.

That fact became central to the court’s analysis.

The case was not about individuals attempting to bypass the immigration system.

The case involved individuals who had already entered the system and complied with its requirements.

“Plaintiffs and Their Members Are Stuck Waiting”

Perhaps the most quoted sentence in the opinion is also one of the simplest.

Judge McConnell wrote:

“Plaintiffs and their members are stuck waiting.”

The court viewed this as more than a bureaucratic inconvenience.

Many applicants had already invested years in the immigration process.

Some depended on pending applications for:

• work authorization;
• permanent residence;
• citizenship;
• family reunification;
• educational opportunities;
• professional advancement.

The court repeatedly emphasized that the challenged policies prevented many applicants from receiving the decisions Congress contemplated when creating immigration benefit programs.

The Court Rejected Indefinite Immigration Limbo

A recurring concern throughout the opinion was the concept of indefinite delay.

The court repeatedly noted that immigration statutes generally contemplate adjudication.

• USCIS may investigate.
• USCIS may request evidence.
• USCIS may approve.
• USCIS may deny.
• But the agency generally must decide.

The court was troubled by policies that effectively prevented decisions from being made.

As a practical matter, many applicants found themselves trapped in what commentators have described as:

“indeterminate legal limbo.”

The court viewed those consequences as real and substantial.

“The Rule of Law Has to Apply to Everyone Equally”

Another significant statement appears early in the opinion.

Judge McConnell wrote:

“The rule of law has to apply to everyone equally.”

That sentence reflects one of the broader themes running throughout the decision.

The case was not merely about immigration.

It was about administrative power.

The court examined whether USCIS could implement sweeping immigration-benefit restrictions through internal memoranda without adequate legal authority.

The court ultimately concluded that the challenged policies could not stand.

Why the Court Found Real Harm

The government argued that the plaintiffs lacked standing and had not shown sufficient injury.

The court disagreed.

The opinion describes numerous harms suffered by affected applicants.

These included:

• delayed employment authorization;
• interrupted careers;
• family separation;
• educational disruption;
• research interruptions;
• delayed citizenship;
• prolonged uncertainty.

The court concluded that these harms were neither speculative nor hypothetical.

They were occurring in real time.

That finding may become important in future immigration litigation because standing often represents one of the most significant barriers to federal court review.

Why the Court Viewed the Delays Differently Than Ordinary Processing Delays

Every immigration lawyer knows that USCIS processing delays occur.

The court recognized that reality.

But the court viewed the challenged policies differently.

The issue was not routine case processing.

The issue was whether USCIS had adopted policies that systematically prevented adjudications for broad groups of applicants.

According to the court, the challenged policies went beyond ordinary agency delay.

Instead, they created a framework under which many applicants could remain without decisions for extended and uncertain periods.

That distinction may become important in future litigation involving:

• USCIS processing delays;
• Adjustment of Status cases;
• Naturalization applications;
• affirmative asylum applications;
• federal mandamus actions.

The “Standing in Line” Principle

Perhaps the most powerful theme in the opinion is one that many Americans intuitively understand.

For years, policymakers have often told immigrants to:

• follow the law;
• file the proper applications;
• pay the required fees;
• wait their turn.

According to the court, many of the affected applicants did exactly that.

They complied with the rules.

They entered the process.

They waited.

Yet they remained unable to obtain decisions.

The court repeatedly returned to the idea that people who follow the legal process should not be left indefinitely waiting for the government to act.

That concept may ultimately become one of the most enduring aspects of the Dorcas decision.

Richard Herman’s Analysis

The most important lesson from Dorcas is not that the court disagreed with USCIS.

The most important lesson is that the court insisted on accountability.

The plaintiffs were not asking the court to order approval of their cases.

They were asking for decisions.

According to the court, many had already done everything required of them.

They filed applications.

They paid fees.

They attended interviews.

They completed background checks.

They followed the rules.

The court repeatedly returned to a simple proposition:

People who comply with the law should receive answers.

Whether those answers are approvals or denials is a separate question.

But according to the court, indefinite limbo was not an acceptable substitute for adjudication.

For that reason, the language in Dorcas is likely to be cited in future litigation involving USCIS delays, mandamus actions, Administrative Procedure Act challenges, asylum adjudications, naturalization cases, and Adjustment of Status applications for years to come.

Coming in Part IV

Next, we examine:

• whether USCIS is likely to appeal;
• what happens if the First Circuit grants a stay;
• whether USCIS could resume the hold policies;
• what applicants should do now;
• whether expedite requests make sense;
• whether delayed applicants should consider filing mandamus lawsuits.

This structure is more AI-friendly because it directly answers:

• What did the judge say?
• Why did the judge rule against USCIS?
• What quotes matter?
• What is the significance of Dorcas?
• How does the decision affect future immigration litigation?

 

 

What Happens Next? Appeals, Stays, Expedite Requests, Mandamus Lawsuits, and the Future of the USCIS Backlog

The Rhode Island court vacated PM-602-0192, PM-602-0194, and PA-2025-26.

USCIS has now publicly acknowledged that those policies must be treated as though they are not in effect.

For affected applicants, however, the most important question is no longer whether the policies were lawful.

The question is:

What happens next?

• Will USCIS immediately begin adjudicating delayed cases?
• Will applicants finally receive decisions?
• What direction will the government appeal go?
• Could a stay reinstate the hold policies?
• Should applicants file expedite requests?
• Should they file mandamus lawsuits?

The answers will vary from case to case, but several important observations can already be made.

USCIS Has Appealed

On June 12, 2026, a Notice of Appeal to the U.S. First Circuit Court of Appeals has been filed by USCIS.

This was not a surprise. USCIS included an important statement in its June 12, 2026 announcement:

“USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review.”

That language is difficult to interpret as anything other than a signal that appellate review is being considered.

The government will likely challenge:

• the court’s standing analysis;
• the court’s Administrative Procedure Act analysis;
• the court’s vacatur remedy;
• the court’s conclusions regarding USCIS authority.

Immigration lawyers should therefore assume that the litigation may be protracted.

Could the Government Seek a Stay?

Yes.

One of the most important issues moving forward is whether the government seeks a stay pending appeal.

A stay would temporarily suspend the effect of the district court’s order while appellate litigation continues.

In practical terms, a stay could dramatically alter the landscape.

Without a stay:

• PM-602-0192 remains vacated;
• PM-602-0194 remains vacated;
• PA-2025-26 remains vacated;
• USCIS must treat the policies as though they are not in effect.

With a stay:

the government could argue that USCIS should once again be permitted to rely upon some or all of the challenged policies while the appeal proceeds.

The precise effect would depend upon the wording of any stay order.

If a Stay Is Granted, Will USCIS Resume the Hold Policies?

Not necessarily.

This is an important point.

Even if the First Circuit grants a stay, USCIS would still have discretion regarding how aggressively it implements the challenged policies.

Several practical realities may discourage a complete return to the prior framework:

Administrative Burden

The litigation has already generated significant public scrutiny.

Reinstating the policies may create additional operational complications.

Resource Constraints

USCIS now faces pressure to address delayed cases.

Restarting the hold process could further complicate agency operations.

Litigation Risk

Even if a stay is granted, additional lawsuits could follow.

The government may therefore seek narrower approaches rather than full reinstatement.

For these reasons, a stay would create uncertainty, but it would not automatically guarantee a return to the exact conditions that existed before the district court’s ruling.

Thousands of Cases May Now Be Ready for Adjudication

Perhaps the most important practical consequence of the decision is the backlog.

The challenged policies remained in effect for months.

During that time:

• adjustment applications accumulated;
• naturalization applications accumulated;
• asylum cases accumulated;
• work authorization requests accumulated;
• discretionary cases accumulated.

Some cases may now be ready for immediate adjudication.

Others may require additional review.

Still others may remain subject to ordinary background checks unrelated to the vacated policies.

The critical point is that many applicants who previously received little movement may now begin seeing activity.

That could include:

• Requests for Evidence;
• interview scheduling;
• approval notices;
• denial notices;
• transfer notices;
• updated case status information.

Applicants should therefore closely monitor their USCIS accounts and correspondence.

Should Applicants Submit Expedite Requests?

For some applicants, the answer may be yes.

USCIS maintains an expedite process that remains available in appropriate circumstances.

Official USCIS guidance is available here:

USCIS Expedite Requests

USCIS may consider expedite requests involving:

• severe financial loss;
• urgent humanitarian reasons;
• nonprofit organization interests;
• U.S. government interests;
• clear USCIS error.

The Dorcas decision itself does not automatically create eligibility for expedited processing.

However, applicants whose cases were delayed and who now face significant hardship should carefully evaluate whether they satisfy one of the existing expedite criteria.

Who May Have Strong Expedite Arguments?

Potential examples include:

Physicians and Healthcare Workers

Healthcare staffing shortages may strengthen government-interest arguments.

Researchers and Scientists

Projects involving grant deadlines, public health, or critical research may support expedite requests.

Individuals Facing Severe Financial Harm

Applicants who risk losing employment or significant income may have stronger arguments.

Humanitarian Cases

Medical emergencies, family crises, or other urgent circumstances may support expedited review.

Cases Delayed by Agency Error

If an applicant can demonstrate that a case was improperly delayed because of a now-vacated policy, that argument may deserve careful consideration.

Every case is different.

Applicants should consult experienced counsel before relying on an expedite strategy.

Should Applicants File a Mandamus Lawsuit Now?

This may be the most important strategic question arising from the decision.

A federal mandamus action seeks a court order compelling USCIS to act on a delayed application.

The answer depends heavily on the facts.

Arguments for Filing Now

Some applicants have already experienced substantial delays.

The Dorcas ruling strengthens the argument that USCIS cannot indefinitely avoid adjudicating applications.

Applicants with lengthy delays may wish to move aggressively.

Advantages may include:

• forcing agency attention;
• obtaining a decision sooner;
• preserving legal rights;
• avoiding additional uncertainty.

Arguments for Waiting

Other applicants may benefit from patience.

USCIS may now begin adjudicating many delayed cases voluntarily.

Filing litigation immediately could:

• create unnecessary legal expense;
• prove unnecessary if the case is adjudicated soon;
• complicate ongoing administrative review.

Some applicants may wish to observe agency behavior over the next several weeks before deciding whether litigation is necessary.

Does Waiting Carry Risk?

Yes.

Waiting carries both potential benefits and potential risks.

Potential Benefit

USCIS may begin rapidly adjudicating cases now that the challenged policies have been vacated.

If that occurs, litigation may become unnecessary.

Potential Risk

If the government obtains a stay, the legal landscape could change quickly.

Applicants who delay action may lose valuable time.

This does not mean every applicant should immediately file suit.

It does mean that applicants should think strategically about timing rather than simply assuming the situation will resolve itself.

What Should Applicants Do Right Now?

For most affected applicants, the best immediate strategy is relatively straightforward.

Step 1: Monitor Your Case

Review your USCIS online account regularly.

Watch for:

• Requests for Evidence;
• interview notices;
• case transfers;
• approval notices;
• status changes.

Step 2: Gather Evidence of Harm

If delays have caused hardship, begin documenting:

• financial losses;
• employment consequences;
• medical issues;
• family hardship;
• research disruptions.

That evidence may become important for expedite requests or litigation.

Step 3: Evaluate Expedite Eligibility

Review the USCIS expedite criteria and determine whether your circumstances may qualify.

Step 4: Consult Experienced Counsel

Applicants with significant delays should discuss:

• expedite requests;
• congressional inquiries;
• Ombudsman assistance;
• mandamus litigation;
• Administrative Procedure Act claims.

Step 5: Stay Informed

Additional guidance from USCIS and further court proceedings are likely.

The legal landscape may continue evolving rapidly.

Richard Herman’s Analysis

The biggest unanswered question is not whether the policies were unlawful.

The court has already answered that question.

The biggest unanswered question is operational:

How quickly will USCIS move?

The agency now faces the difficult task of processing applications that may have been delayed for months.

Some applicants may see movement quickly.

Others may continue experiencing delays.

The June 12 announcement represents an important victory for affected immigrants.

But for many applicants, the ultimate measure of success will be simple:

Receiving a decision.

Whether that decision is an approval or a denial, most applicants simply want the government to finally act.

That issue—more than the litigation itself—will determine the real-world significance of the Dorcas decision.

Coming in Part V

Next, we examine:

• frequently asked questions;
• who benefits most from the ruling;
• whether previously denied cases can be reopened;
• how the decision affects asylum applicants;
• how the decision affects green card applicants;
• what employers should know;
• what immigration lawyers should be doing now.

 

Frequently Asked Questions About the Dorcas Decision and the USCIS Hold Policies

The June 12, 2026 USCIS announcement and the Rhode Island federal court’s decision in Dorcas International Institute of Rhode Island v. USCIS have generated significant confusion.

Many applicants are asking the same questions:

• Does this help my case?
• Will USCIS finally make a decision?
• Can previously denied cases be reopened?
• Does the ruling help asylum applicants?
• Does it affect green card applications?
• What should employers do?

Below are answers to the most common questions.

Does the Dorcas Decision Automatically Approve My Immigration Case?

No.

The decision does not require USCIS to approve any application.

The court did not order approvals.

The court ordered USCIS to stop relying on the challenged policies and to treat those policies as though they are not in effect.

Applicants must still satisfy all substantive eligibility requirements.

USCIS may:

• approve applications;
• deny applications;
• request additional evidence;
• schedule interviews;
• conduct ordinary background checks.

What USCIS generally may not do under the vacated policies is continue relying upon PM-602-0192, PM-602-0194, and PA-2025-26 as the basis for delaying adjudications.

Does This Decision Help Green Card Applicants?

Potentially yes.

The decision may be particularly significant for applicants whose:

• Form I-485 Adjustment of Status applications;
• employment-based green card cases;
• family-based green card cases;
• humanitarian adjustment cases

were delayed under the challenged policies.

Many applicants reported extended delays despite having already completed biometrics, interviews, and other requirements.

 

Does This Decision Help Citizenship Applicants?

Potentially.

Naturalization applicants were among the groups reportedly affected by the challenged policies.

The decision may help applicants whose:

• Form N-400 applications;
• citizenship interviews;
• naturalization adjudications

were delayed because of nationality-based review procedures or related hold policies.

 

Does This Decision Help Asylum Applicants?

Potentially yes.

One of the most controversial aspects of the litigation involved affirmative asylum adjudications.

The challenged policies reportedly prevented USCIS from issuing decisions in many asylum cases.

The Rhode Island court’s ruling may therefore have important implications for applicants whose asylum cases were affected by those policies.

Does the Decision Help Applicants Seeking Work Permits?

Potentially.

The challenged framework affected:

• Form I-765 applications;
• initial work permits;
• EAD renewals;
• employment authorization connected to pending immigration applications.

For applicants whose work authorization was delayed because of the challenged policies, the decision may help move cases toward adjudication.

Were Palestinians Affected by the USCIS Hold Policies?

Yes.

An important point frequently overlooked is that the challenged framework extended beyond nationals of the 39 designated countries.

The December 2025 Presidential Proclamation also applied restrictions to certain individuals traveling on:

• Palestinian Authority-issued travel documents;
• Palestinian Authority-endorsed travel documents.

As a result, some Palestinians were subjected to enhanced review, adjudication holds, and related procedures challenged in Dorcas.

Can Previously Denied Cases Be Reopened?

Possibly.

The answer depends on why the application was denied.

Applicants should carefully review:

• denial notices;
• Requests for Evidence;
• Notices of Intent to Deny;
• interview records.

If a denial appears directly connected to a now-vacated policy, applicants should discuss potential options with experienced counsel.

Possible remedies may include:

• Motions to Reopen;
• Motions to Reconsider;
• appeals;
• refiling;
• federal litigation.

The appropriate strategy will depend upon the specific facts.

If My Case Was Frozen, Will USCIS Automatically Restart It?

Not necessarily.

Some cases may move quickly.

Others may remain subject to:

• ordinary background checks;
• security reviews unrelated to the vacated policies;
• staffing limitations;
• general processing delays.

Applicants should not assume that USCIS will immediately issue decisions in every affected case.

However, the court’s ruling removes a significant obstacle that previously prevented adjudication.

What If USCIS Already Approved My Case?

Many applicants ask whether the decision affects approved cases.

For most individuals, the answer is probably no.

However, one aspect of the challenged framework involved re-review procedures affecting certain approved benefits.

The Rhode Island court vacated those policies as well.

As a result, the decision may provide reassurance to some applicants whose approved benefits had been subjected to additional scrutiny.

What Should Employers Know?

Employers should pay close attention to the ruling.

The challenged policies reportedly affected:

• physicians;
• researchers;
• engineers;
• professors;
• healthcare workers;
• scientists;
• technology professionals.

Many employers experienced disruptions when immigration benefits were delayed.

The decision may help reduce uncertainty for organizations relying upon foreign talent.

Employers should nevertheless continue monitoring:

• USCIS guidance;
• case processing developments;
• potential appeals.

What Should Universities and Research Institutions Know?

Universities were among the organizations most affected by the challenged policies.

Delays can impact:

• faculty recruitment;
• research programs;
• grant-funded projects;
• student transitions;
• postdoctoral appointments.

The Dorcas ruling may help alleviate some of these concerns, particularly if USCIS begins adjudicating delayed cases more quickly.

Does the Decision Mean the Travel Ban Is Gone?

No.

This is one of the most important distinctions.

The Dorcas case challenged USCIS hold policies and adjudication procedures.

The decision did not invalidate Presidential Proclamations 10949 or 10998 themselves.

The litigation focused on how USCIS implemented those proclamations through agency policies.

As a result, applicants should not assume that all travel-ban-related issues have disappeared.

What Happens During the Government Appeal?

On June 12, 2026, a Notice of Appeal to the U.S. First Circuit Court of Appeals has been filed by USCIS.

This was not a surprise,

USCIS has already stated that it:

“strongly disagrees with the Court’s order”

and may seek further judicial review.

Applicants should therefore continue monitoring developments closely.

Future proceedings may affect how the ruling is implemented.

What Is the Most Important Practical Lesson?

The most important practical lesson is simple:

The court did not order USCIS to approve applications.

The court ordered USCIS to resume adjudicating applications without relying on the challenged policies.

For many immigrants, that distinction is critical.

The goal is not guaranteed approval.

The goal is a fair decision.

For applicants who have spent months waiting for USCIS to act, that may be the most important development of all.

Richard Herman’s Analysis

The Dorcas decision is likely to become one of the most frequently cited immigration cases of 2026.

Not because it guarantees approvals.

Not because it eliminates travel restrictions.

Not because it resolves every delay.

But because it reinforces a basic principle:

People who comply with the immigration process should receive decisions.

According to the Rhode Island court, applicants should not be left indefinitely waiting because of agency-created policies that exceed the agency’s legal authority.

That message is likely to resonate far beyond the specific facts of this case.

It may influence future litigation involving USCIS delays, immigration adjudications, mandamus actions, Administrative Procedure Act challenges, and agency authority for years to come.

Coming in Part VI

Next, we provide:

• a comprehensive resource directory;
• related USCIS resources;
• related HLG resources;
• action steps for affected applicants;
• a consultation call-to-action;
• final conclusions and predictions.

 

What Applicants Should Do Now

The Rhode Island federal court’s decision in Dorcas International Institute of Rhode Island v. USCIS and USCIS’s June 12, 2026 announcement do not automatically resolve every delayed immigration case.

However, applicants whose cases may have been affected by PM-602-0192, PM-602-0194, or PA-2025-26 should consider taking several practical steps immediately.

The goal is simple:

Be prepared if USCIS suddenly begins moving previously delayed cases.

Step 1: Monitor Your USCIS Account Frequently

Applicants should regularly review:

• USCIS online accounts;
• case status updates;
• email notifications;
• mailed correspondence.

Watch carefully for:

• Requests for Evidence (RFEs);
• interview notices;
• transfer notices;
• approval notices;
• denial notices;
• biometric appointments;
• case status changes.

Official resource:

USCIS Case Status Online

Many applicants affected by the hold policies may see movement before USCIS issues broader public guidance.

Step 2: Preserve Evidence of Delay and Harm

Applicants should begin organizing documentation demonstrating how the delay affected them.

Examples include:

• lost employment opportunities;
• rescinded job offers;
• financial hardship;
• medical hardship;
• family separation;
• delayed travel;
• educational disruption;
• research interruptions;
• professional licensing problems.

This evidence may later support:

• expedite requests;
• congressional inquiries;
• Ombudsman assistance;
• mandamus litigation;
• Administrative Procedure Act claims.

Step 3: Evaluate Whether an Expedite Request Makes Sense

Some applicants may benefit from requesting expedited processing.

Official USCIS guidance is available here:

USCIS Expedite Requests

USCIS may consider expedited processing involving:

• severe financial loss;
• urgent humanitarian reasons;
• nonprofit organization interests;
• U.S. government interests;
• clear USCIS error.

The Dorcas decision does not automatically create expedite eligibility.

However, applicants who have experienced substantial hardship because of delayed adjudication should carefully evaluate whether they satisfy one or more expedite criteria.

Step 4: Consider Congressional Assistance

Congressional casework remains an underutilized resource.

A U.S. Senator or Member of Congress may be able to:

• obtain status updates;
• identify processing issues;
• facilitate communication with USCIS;
• elevate concerns regarding delayed adjudications.

Congressional intervention does not guarantee approval.

However, it may provide useful information and sometimes helps move stagnant cases.

Step 5: Evaluate Whether Mandamus Litigation Is Appropriate

For some applicants, litigation may be worth discussing.

Potential options include:

• federal mandamus actions;
• Administrative Procedure Act lawsuits;
• unreasonable-delay litigation.

The proper strategy depends on:

• the type of immigration benefit;
• the length of the delay;
• the applicant’s circumstances;
• the government’s actions;
• the existence of documented harm.

Applicants should consult experienced immigration counsel before pursuing federal litigation.

Step 6: Stay Informed

The litigation is probably not over.

USCIS has already stated that it:

“strongly disagrees with the Court’s order”

and may seek further judicial review.

Future developments may include:

• appeals;
• stay requests;
• new USCIS guidance;
• revised policies;
• additional litigation.

Applicants should therefore continue monitoring developments closely.

Resource Directory

Primary Government Sources

USCIS Announcement

Court Order on Hold Policies

https://www.uscis.gov/newsroom/alerts/court-order-on-hold-policies

---

Federal Court Decision

Dorcas International Institute of Rhode Island v. USCIS

https://www.govinfo.gov/content/pkg/USCOURTS-rid-1_26-cv-00132/pdf/USCOURTS-rid-1_26-cv-00132-0.pdf

---

USCIS Policy Memoranda

PM-602-0192

https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0192-PendingApplicationsHighRiskCountries-20251202.pdf

PM-602-0194

https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf

---

Presidential Proclamations

Presidential Proclamation 10949

https://www.whitehouse.gov/presidential-actions/2025/06/restricting-the-entry-of-foreign-nationals-to-protect-the-united-states-from-foreign-terrorists-and-other-national-security-and-public-safety-threats/

Presidential Proclamation 10998

https://www.whitehouse.gov/presidential-actions/2025/12/restricting-and-limiting-the-entry-of-foreign-nationals-to-protect-the-security-of-the-united-states/

---

USCIS Expedite Requests

https://www.uscis.gov/forms/filing-guidance/expedite-requests

Related Herman Legal Group Resources

Rhode Island Litigation

• Rhode Island Court Strikes Down USCIS Benefits Freeze: What It Means for Your Green Card, Work Permit, Citizenship and Asylum Case

---

PM-602-0192 Resources

• Frozen Files: How Trump’s PM-602-0192 Quietly Halts USCIS Cases for Millions
• Is Your Case Frozen Under USCIS PM-602-0192?
• How the USCIS Memo PM-602-0192 National Security Hold Affects You

---

PM-602-0194 Resource

• January 1, 2026 USCIS Memo (PM-602-0194): USCIS Is Putting Certain Pending Immigration Benefits on Hold

 

Richard Herman’s Final Analysis

The significance of Dorcas extends far beyond the 39 designated countries.

The case is not merely about travel bans.

It is not merely about screening procedures.

It is not merely about administrative delay.

At its core, the case concerns a fundamental principle:

When immigrants comply with the law, file applications, pay fees, complete biometrics, attend interviews, and satisfy agency requirements, they should receive decisions.

That principle appears repeatedly throughout Judge McConnell’s opinion.

It also explains why the court repeatedly emphasized that applicants were:

“stuck waiting.”

The decision does not guarantee approval of any immigration application.

USCIS retains authority to:

• approve applications;
• deny applications;
• request additional evidence;
• conduct investigations;
• perform background checks.

What the court rejected was the notion that applicants could be placed into indefinite limbo through agency-created policies lacking sufficient legal support.

The most important question moving forward is operational rather than legal:

How quickly will USCIS act?

The agency now faces the challenge of processing a potentially substantial backlog of delayed applications.

Some applicants may see movement immediately.

Others may continue experiencing delays.

Appeals may follow.

Stay requests may follow.

New guidance will almost certainly follow.

Nevertheless, one fact remains clear.

As of June 12, 2026, USCIS has formally acknowledged that PM-602-0192, PM-602-0194, and PA-2025-26 must be treated as though they are not in effect.

That alone makes this one of the most consequential immigration developments of 2026.

Need Help With a Delayed USCIS Case?

If your immigration application was delayed, frozen, subjected to enhanced review, or affected by PM-602-0192, PM-602-0194, the travel-ban framework, or related USCIS policies, the immigration attorneys at Herman Legal Group may be able to help.

We represent clients nationwide in:

• Adjustment of Status cases;
• Naturalization applications;
• Employment Authorization matters;
• Asylum cases;
• Federal mandamus litigation;
• Administrative Procedure Act lawsuits;
• USCIS delay cases;
• Complex immigration appeals and litigation.

Schedule a consultation:

https://www.lawfirm4immigrants.com/book-consultation/

Call: 1-800-808-4013

Every case is different. Before making strategic decisions regarding expedite requests, mandamus litigation, appeals, or refiling, obtain individualized legal advice regarding your circumstances.

Final Conclusion

The Dorcas decision may ultimately be remembered as more than a travel-ban case.

It may be remembered as a case about accountability.

The Rhode Island court repeatedly returned to a simple proposition:

People who follow the rules should receive answers.

For thousands of immigrants who have spent months waiting for USCIS to act, that principle may prove transformative.

 

 

USCIS Ends Most Telephonic Attorney Appearances: What the New Policy Means for Immigrants, Attorneys, and Access to Justice

Updated June 2026

Quick Answer

Beginning May 18, 2026, USCIS generally requires attorneys and accredited representatives to appear in person at adjustment of status interviews, naturalization interviews, affirmative asylum interviews, and certain NACARA interviews.

The new USCIS attorney interview policy is expected to impact many applicants.

Although immigrants continue to have the right to legal representation, the new policy significantly limits remote attorney participation and may increase costs for applicants who rely on counsel located outside their state. Understanding the USCIS attorney interview policy is crucial for navigating these changes.

The policy appears in USCIS guidance on Preparing for Your Affirmative Asylum Interview.

Key Takeaways

• USCIS generally no longer permits telephonic attorney participation in covered interviews.
• Attorneys must typically appear physically at the interview location.
• USCIS states that exceptions may exist in “limited circumstances,” but has not clearly defined those circumstances.
• The policy may increase legal fees and travel costs for immigrants.Overall, the USCIS attorney interview policy aims to streamline interview processes but raises concerns among immigrant communities.
• The change may reduce access to specialized immigration counsel.
• Federal regulations continue to recognize the right to representation before DHS.
• The policy appears difficult to justify from an efficiency and modernization perspective.
• Critics argue that the policy reflects a broader trend toward increasing procedural burdens in immigration adjudications.

 

What Exactly Changed?

USCIS now generally requires attorneys and accredited representatives to attend covered interviews in person.

The policy affects:

Adjustment of Status Interviews

Including:

• marriage-based green cards;
• family-sponsored green cards;
• employment-based green cards;
• diversity visa adjustment cases.

Naturalization Interviews

Including N-400 examinations involving:

• criminal history issues;
• selective service concerns;
• false claims to U.S. citizenship;
• unlawful voting allegations;
• lengthy absences from the United States.

Affirmative Asylum Interviews

The policy applies to interviews conducted by USCIS asylum offices.

NACARA Interviews

The policy also extends to certain NACARA proceedings.

USCIS announced the change without publishing a detailed explanation of what constitutes the “limited circumstances” under which remote participation may still be permitted.

What Has Not Changed?

Many reports incorrectly suggest that USCIS has prohibited attorneys from participating in interviews.

That is not accurate.

Applicants still have the right to legal representation.

Attorneys may still:

• file Form G-28;
• receive notices;
• prepare clients;
• submit evidence;
• attend interviews;
• raise legal concerns;
• advocate on behalf of clients.

The change concerns the method of participation.

In most cases, USCIS now requires physical attendance rather than telephonic participation.

What Are the “Limited Circumstances” Exceptions?

One of the most significant unanswered questions surrounding the new USCIS policy is the meaning of the phrase “limited circumstances.”

USCIS has announced that attorneys and accredited representatives generally may not participate remotely in covered interviews, but the agency has not publicly defined:

• what qualifies as a limited circumstance;
• how requests should be submitted;
• what evidence should accompany a request;
• who makes the decision;
• whether denials may be appealed;
• whether different field offices may apply different standards.

As of this writing, USCIS has provided little public guidance.

That uncertainty leaves applicants and attorneys attempting to predict what situations might justify an exception.

Circumstances That May Support a Remote Participation Request

Although USCIS has not established formal criteria, several situations appear likely to present stronger arguments.

Serious Medical Issues

An attorney suffering from a significant medical condition may have a compelling basis for requesting remote participation.

Examples may include:

• recent surgery;
• hospitalization;
• serious illness;
• physician-imposed travel restrictions;
• immunocompromised conditions.

Supporting documentation from a treating physician may strengthen the request.

Disability Accommodations

Attorneys with disabilities that substantially impair travel may have a strong argument for remote participation.

Potential examples include:

• mobility impairments;
• chronic medical conditions;
• disabilities requiring specialized accommodations.

Documentation supporting the accommodation request may be helpful.

Extraordinary Travel Burdens

The strongest practical arguments may arise where physical attendance would impose unusual burdens.

Examples might include:

• cross-country travel;
• international travel complications;
• severe weather disruptions;
• transportation emergencies;
• natural disasters.

While distance alone may not be sufficient, extraordinary travel obstacles could support an exception request.

Specialized Counsel in High-Stakes Cases

Another potential argument involves highly specialized representation.

Examples may include:

• EB-1A Extraordinary Ability cases;
• National Interest Waiver matters;
• denaturalization concerns;
• false claim to citizenship allegations;
• unlawful voting allegations;
• national security issues;
• complex asylum claims.

Applicants may argue that requiring physical attendance would effectively deprive them of meaningful access to the counsel they selected.

Whether USCIS will accept this argument remains unclear.

Asylum Cases Involving Vulnerable Applicants

Certain affirmative asylum cases may present compelling circumstances.

Examples could include:

• severe trauma;
• mental health conditions;
• interpreter complications;
• vulnerable populations;
• unusually complex evidentiary issues.

Attorneys may argue that remote participation would facilitate a fair and accurate interview without creating administrative burdens.

Emergencies Arising After Scheduling

Unexpected events occurring shortly before an interview may also justify a request.

Examples include:

• family emergencies;
• sudden illness;
• cancelled flights;
• natural disasters;
• transportation failures.

In these situations, remote participation may be preferable to cancelling and rescheduling the interview.

 

How Should Attorneys Request an Exception?

Because USCIS has not published a formal procedure, practitioners should consider creating a clear written record.

Submit the Request Early

Do not wait until the day of the interview.

Whenever possible, submit the request immediately after receiving the interview notice.

Early requests demonstrate good faith and provide USCIS time to evaluate the circumstances.

Make the Request in Writing

A written request creates documentation that may later become important.

The request should:

• identify the applicant;
• identify the attorney;
• provide the interview date and location;
• explain the specific circumstances;
• explain why remote participation is requested;
• attach supporting evidence where appropriate.

Emphasize Efficiency

This point may be particularly persuasive.

The request should explain that remote participation:

• avoids unnecessary delay;
• prevents rescheduling;
• conserves government resources;
• reduces costs;
• facilitates representation.

If remote participation would allow the interview to proceed as scheduled, that fact should be highlighted.

Cite Representation Rights

Although the new policy generally requires physical attendance, attorneys may wish to reference:

• 8 CFR § 292.5;
• 5 U.S.C. § 555(b).

The purpose is not to challenge USCIS authority but to emphasize the longstanding importance of meaningful attorney participation.

Offer Alternative Formats

Do not limit the request to telephone participation.

Consider offering:

• telephone appearance;
• video appearance;
• Microsoft Teams;
• Webex;
• any platform acceptable to USCIS.

Flexibility may increase the likelihood of approval.

What If USCIS Denies the Request?

If USCIS denies remote participation, attorneys should consider preserving the issue.

Potential steps may include:

• retaining copies of all requests;
• documenting communications with USCIS;
• documenting costs associated with compliance;
• documenting any hardship imposed on the applicant.

This documentation may become important if future litigation challenges the policy or if USCIS later publishes additional guidance.

Richard Herman’s Analysis

The phrase “limited circumstances” may ultimately become the most important part of the entire policy.

A rigid interpretation could dramatically increase costs and reduce access to counsel.

A flexible interpretation could preserve many of the benefits of remote participation while still allowing USCIS discretion in individual cases.

Until USCIS publishes clear standards, applicants and attorneys should assume that remote participation will be the exception rather than the rule and should submit any exception requests as early and as thoroughly as possible.

The reality is that the strongest exception requests will likely be those that demonstrate both hardship and efficiency—showing not only why physical attendance is difficult, but also why remote participation would allow USCIS to conduct the interview fairly, accurately, and without unnecessary delay.

 

Immigration Law Has Long Recognized the Importance of Legal Representation

The significance of the policy becomes clearer when viewed against the legal framework governing representation before DHS.

Federal Regulations Protect Representation Rights

The foundational regulation is 8 CFR § 292.5(b).

The regulation provides:

Whenever an examination is provided for in this chapter, the person involved shall have the right to be represented by an attorney or representative.

Importantly, the regulation contemplates active participation by counsel.

Attorneys may:

• introduce evidence;
• make objections;
• examine witnesses;
• cross-examine witnesses;
• submit briefs.

This is not the language of a system that views attorneys as passive observers.

It is the language of a system that recognizes representation as an important procedural safeguard.

Another key regulation is 8 CFR § 292.1, which identifies the attorneys and accredited representatives authorized to appear before DHS.

USCIS Built an Entire System Around Attorney Representation

USCIS has long recognized the importance of legal representation through Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.

The agency’s representation framework assumes that attorneys play a meaningful role in helping applicants navigate increasingly complex immigration laws.

Whether the case involves:

• adjustment of status;
• naturalization;
• asylum;
• waivers;
• humanitarian relief;

USCIS has historically facilitated attorney participation rather than discouraged it.

An Important Historical Fact Most Commentators Have Missed

One of the most overlooked aspects of this story is that USCIS previously moved in the opposite direction.

In 2022, USCIS implemented a pilot program allowing remote attorney participation in asylum interviews.

The agency’s pilot documentation remains publicly available through the USCIS Remote Attorney Participation Pilot Program.

The pilot explicitly recognized that asylum applicants have the right to have an attorney present at their interviews.

This creates an obvious question:

If remote participation was sufficiently beneficial to justify a USCIS pilot program in 2022, what evidence now justifies eliminating it in 2026?

To date, USCIS has not publicly provided a detailed explanation.

The Board of Immigration Appeals Has Long Recognized That Attorneys Matter

Immigration law contains an entire body of precedent recognizing the importance of competent legal representation.

The leading case is Matter of Lozada, 19 I&N Dec. 637 (BIA 1988).

Lozada established the framework for reopening immigration cases based on ineffective assistance of counsel.

The significance of Lozada extends far beyond motions to reopen.

The case reflects a broader principle:

Attorney performance affects immigration outcomes.

If legal representation did not matter, immigration courts would have little reason to reopen cases because of attorney misconduct or attorney error.

The existence of ineffective-assistance doctrines demonstrates that immigration law recognizes counsel as a meaningful safeguard against erroneous outcomes.

Federal Administrative Law Also Protects Representation

The principle extends beyond immigration law.

The Administrative Procedure Act recognizes representation rights before federal agencies.

See 5 U.S.C. § 555(b).

For decades, federal administrative law has recognized that legal representation helps promote:

• fairness;
• accuracy;
• procedural integrity;
• informed decision-making.

This broader administrative-law framework reinforces the importance of access to counsel in immigration adjudications.

The Real Issue Is Not Whether Representation Exists

Supporters of the policy may correctly note that immigrants still possess the right to counsel.

The more important question is different:

How meaningful is a right if exercising it becomes substantially more expensive?

The policy does not eliminate representation.

It increases the burden of obtaining representation.

That distinction matters.

The Financial Burden Falls on Immigrants

The most immediate effect of the policy is financial.

Before the policy:

• attorney preparation could occur remotely;
• attorney participation could occur telephonically;
• travel expenses were unnecessary.

After the policy:

Applicants may be responsible for:

• airfare;
• hotels;
• transportation;
• meals;
• attorney travel time;
• additional legal fees.

A single interview may now generate hundreds or even thousands of dollars in additional expenses.

Consider a client in Ohio represented by an attorney in California.

Previously, the attorney could prepare the client remotely and attend by telephone.

Now the client may be required to cover:

• round-trip airfare;
• overnight accommodations;
• local transportation;
• attorney travel time.

For many families, the additional cost may be significant.

For some, it may be prohibitive.

The Policy Reduces Access to Specialized Counsel

Modern immigration practice has become highly specialized.

Many attorneys focus almost exclusively on:

• EB-1A extraordinary ability petitions;
• National Interest Waivers;
• complex asylum cases;
• inadmissibility waivers;
• denaturalization defense;
• false claims to citizenship;
• unlawful voting allegations.

Remote participation allowed applicants to retain the attorney they believed was best qualified, regardless of location.

The new policy may force applicants to choose between:

• specialized counsel located elsewhere; or
• local counsel who can attend without substantial travel expenses.

For many immigrants, that is a significant change.

Lower-Income Immigrants May Be Affected Most

The burden is unlikely to fall equally.

Wealthier applicants may absorb the added costs.

Middle-income families may struggle but proceed.

Many lower-income immigrants may simply decide they cannot afford attorney attendance.

This creates an access-to-justice concern.

The right technically remains available.

The practical ability to exercise that right becomes more difficult.

Why Asylum Cases Raise Special Concerns

The impact may be particularly significant in affirmative asylum cases.

Asylum interviews frequently involve:

• trauma survivors;
• language barriers;
• credibility determinations;
• complex country-condition evidence;
• vulnerable applicants.

Attorneys often help:

• clarify misunderstandings;
• ensure accurate interpretation;
• organize evidence;
• protect procedural fairness.

Many asylum applicants rely on nonprofit organizations and pro bono counsel operating under limited budgets.

Requiring physical attendance may force some organizations to reduce participation because of travel costs and staffing limitations.

The Efficiency Problem

Perhaps the most surprising aspect of the policy is that it appears difficult to justify from an efficiency perspective.

For decades, government agencies have embraced technology to reduce costs and improve access.

Federal courts routinely conduct proceedings remotely.

Immigration courts increasingly utilize video technology.

USCIS encourages:

• online filing;
• electronic communication;
• digital case management.

Telephonic attorney appearances generally:

• reduce travel costs;
• improve scheduling flexibility;
• increase access to counsel;
• conserve resources;
• reduce barriers to representation.

The new policy eliminates many of those benefits.

A Policy That Increases Costs for Everyone

The policy shifts costs from the government to applicants.

Instead of a lawyer participating by telephone, clients may now pay for:

• airfare;
• hotel expenses;
• transportation costs;
• attorney travel time.

The policy also imposes costs on attorneys.

A lawyer who previously devoted one hour to a telephonic interview may now spend an entire day traveling.

Those hours cannot be spent:

• meeting clients;
• preparing cases;
• attending hearings;
• filing motions.

Those costs are often reflected in legal fees.

USCIS May Also Lose Efficiency

Experienced attorneys often make interviews more efficient.

Counsel frequently helps:

• organize evidence;
• narrow issues;
• explain legal questions;
• prevent misunderstandings;
• facilitate communication.

When counsel cannot attend because travel costs are prohibitive, officers may spend more time addressing confusion, requesting additional evidence, or conducting follow-up review.

The policy may therefore increase administrative burdens rather than reduce them.

What Problem Is USCIS Trying to Solve?

A fair question remains unanswered.

USCIS has not publicly identified evidence demonstrating that telephonic attorney participation was causing:

• fraud;
• attorney misconduct;
• operational failures;
• significant delays;
• reduced adjudicative quality.

Without a clearly articulated problem, critics may reasonably ask why the agency chose to impose additional costs and burdens on applicants.

Is This Part of a Larger Trend?

Viewed in isolation, the policy may appear minor.

Viewed alongside other recent developments—including expanded vetting, increased scrutiny of immigration benefits, heightened fraud investigations, and broader discretionary review frameworks—some observers see a larger pattern.

The telephonic-attendance policy does not eliminate any legal right.

But it arguably increases the burden of exercising one.

Critics contend that the cumulative effect of these policies is to make immigration benefits more expensive, more procedurally demanding, and more difficult to obtain.

Richard Herman’s Analysis

The most important question is not whether immigrants still have the right to legal representation.

They do.

The more important question is whether that right remains meaningfully accessible.

For decades, Congress, DHS regulations, USCIS procedures, federal administrative law, the Board of Immigration Appeals, and federal courts have all recognized that attorneys help protect against governmental error.

Technology made it possible for immigrants to access qualified counsel regardless of geography.

The new USCIS policy moves against that trend.

It increases costs.

It increases barriers.

It reduces flexibility.

And it may make specialized representation more difficult to obtain.

For some applicants, the change will be inconvenient.

For others, it may determine whether an attorney is physically present during one of the most important interactions they will ever have with the federal government.

Ultimately, the debate is not about whether the right to counsel still exists.

The debate is about whether meaningful access to that right should depend on an immigrant’s ability to pay for an attorney’s airplane ticket.

 

Frequently Asked Questions About USCIS’s New Attorney Attendance Policy

Does USCIS still allow attorneys at immigration interviews?

Yes. USCIS still allows attorneys and accredited representatives to attend immigration interviews. The policy change does not eliminate the right to legal representation. Instead, USCIS now generally requires attorneys to appear in person rather than participate remotely.

When did the new USCIS attorney attendance policy take effect?

The policy became effective on May 18, 2026. USCIS announced that attorneys and accredited representatives generally may no longer participate remotely in field office interviews, affirmative asylum interviews, and NACARA interviews except in limited circumstances.

What USCIS interviews are affected by the policy?

The policy generally applies to:

• Adjustment of Status (I-485) interviews;
• Marriage-based green card interviews;
• Employment-based green card interviews;
• Naturalization (N-400) interviews;
• Affirmative asylum interviews;
• Certain NACARA interviews.

Can my immigration attorney still participate by telephone?

Possibly, but only in limited circumstances.

USCIS has stated that exceptions may exist, but the agency has not clearly defined:

• what circumstances qualify;
• how requests should be made;
• what evidence may be required;
• who decides whether an exception is granted.

Can my attorney participate by video instead of appearing in person?

As a general rule, USCIS now requires in-person attendance. Applicants should not assume that video participation will be approved unless USCIS specifically authorizes an exception.

Why is this policy controversial?

Critics argue that the policy:

• increases legal costs;
• reduces access to specialized counsel;
• requires unnecessary travel;
• creates barriers to representation;
• undermines efficiency.

Supporters may argue that in-person participation improves consistency and accountability during interviews.

Does the policy eliminate my right to legal representation?

No.

Federal regulations continue to recognize the right to representation before DHS. Applicants may still hire attorneys and accredited representatives to advise them, prepare their cases, submit evidence, and attend interviews.

What regulation protects the right to legal representation before DHS?

The primary regulation is 8 CFR § 292.5(b), which provides that individuals appearing before DHS generally have the right to be represented by an attorney or accredited representative at no expense to the government.

Why is attorney representation important during USCIS interviews?

Attorneys may help:

• prepare applicants for questioning;
• organize evidence;
• clarify legal issues;
• address misunderstandings;
• protect against inaccurate statements;
• respond to officer concerns;
• identify potential inadmissibility issues.

In complex cases, attorney participation can significantly affect the outcome.

Will this policy increase immigration legal fees?

In many cases, yes.

Applicants may now be responsible for:

• attorney travel time;
• airfare;
• hotel expenses;
• transportation costs;
• additional preparation costs.

For some cases, these expenses may increase the overall cost of representation substantially.

Will the policy affect applicants who hire attorneys in other states?

Yes.

The policy may have the greatest impact on applicants represented by attorneys located outside the state where the interview is scheduled.

Previously, telephonic participation allowed applicants to retain specialized counsel regardless of geography.

Now, applicants may need to consider travel expenses when selecting counsel.

Why does this policy affect access to specialized immigration attorneys?

Many immigration attorneys focus on highly specialized areas such as:

• EB-1A Extraordinary Ability;
• National Interest Waivers;
• asylum law;
• inadmissibility waivers;
• denaturalization defense;
• false claims to citizenship;
• unlawful voting cases.

Because these attorneys often represent clients nationwide, requiring in-person attendance may make specialized representation more expensive or less accessible.

Did USCIS previously allow remote attorney participation?

Yes.

USCIS previously implemented a pilot program permitting remote attorney participation in certain asylum interviews. The existence of that program has led some observers to question why USCIS reversed course in 2026.

Does the policy affect asylum seekers?

Yes.

The policy applies to affirmative asylum interviews conducted by USCIS.

Many immigration advocates are particularly concerned because asylum interviews often involve:

• trauma survivors;
• language barriers;
• credibility determinations;
• vulnerable applicants.

Is the policy part of a broader trend in immigration enforcement?

Some observers believe so.

Critics point to recent developments involving:

• increased vetting;
• heightened fraud investigations;
• expanded discretionary review;
• additional interview scrutiny;
• more demanding adjudication procedures.

Others view the attorney-attendance policy as a routine procedural change.

Could the policy be challenged in court?

Potentially.

Future challenges could focus on:

• administrative law principles;
• agency decision-making;
• access-to-counsel concerns;
• procedural fairness issues.

Whether such challenges will be successful remains uncertain.

Should I hire an attorney for my USCIS interview?

Every case is different.

Attorney representation may be particularly valuable if your case involves:

• criminal history;
• prior immigration violations;
• prior visa denials;
• fraud allegations;
• false claims to citizenship;
• unlawful voting issues;
• inadmissibility concerns;
• asylum claims;
• complex family or employment-based immigration matters.

Applicants facing high-stakes interviews should consider consulting experienced immigration counsel before appearing before USCIS.

Need Help Preparing for a USCIS Interview?

USCIS interviews are becoming more consequential, more discretionary, and more procedurally demanding. If your case involves a green card interview, naturalization interview, asylum interview, prior immigration violations, criminal history, alleged fraud, false claims to citizenship, unlawful voting, or prior denials, experienced legal preparation may be critical.

Herman Legal Group helps immigrants, families, professionals, students, employers, and asylum seekers prepare for high-stakes USCIS interviews nationwide.

To discuss your case, schedule a consultation with Herman Legal Group or call 1-800-808-4013.

Resource Directory

Official Government and Legal Authority

• USCIS: Preparing for Your Affirmative Asylum Interview
• USCIS Form G-28, Notice of Entry of Appearance
• 8 CFR § 292.5: Representation and Appearances
• 8 CFR § 292.1: Representation of Others Before DHS
• 5 U.S.C. § 555(b): Administrative Procedure Act Right to Counsel

HLG Resources

• Book a Consultation with Herman Legal Group
• Herman Legal Group Homepage
• Cleveland Immigration Lawyers
• Citizenship and Naturalization Lawyer
• Marriage Green Card 2026 Mega-Guide
• What Happens If Your Adjustment of Status Is Denied?
• Did USCIS Walk Back the I-485 Memo?
• Best Law Firms for Refugee and Asylum Cases
• Media Interview Expert on Immigration

 

 

USCIS’s New Signature Rule: Can USCIS Deny Your Immigration Case Over a Signature Mistake?

Updated June 12, 2026

The USCIS Signature Rule 2026 introduces significant changes to the signature requirements for immigration filings.

Key Takeaways

• USCIS may now deny, not merely reject, an immigration filing if it later determines that the filing contains an invalid signature.
• The new rule takes effect on July 10, 2026.
• USCIS may retain filing fees following a denial based on an invalid signature.
• Scanned copies of original handwritten signatures generally remain acceptable.
• The rule affects family-based petitions, employment-based petitions, adjustment of status applications, naturalization applications, waivers, humanitarian filings, and Form G-28 filings.
• Immigration attorneys, employers, petitioners, and applicants should immediately review signature collection procedures.

The Bottom Line

For years, many applicants assumed that once USCIS accepted a filing and issued a receipt notice, signature-related issues were behind them.

That assumption may no longer be safe.

Beginning July 10, 2026, under the USCIS Signature Rule 2026, USCIS may reject or deny an immigration benefit request if the agency later determines that the filing lacks a valid signature. In some situations, USCIS may keep the filing fees, deny the application, and require the applicant to start over.

The new rule raises the stakes for what many previously considered a routine administrative requirement.

For immigrants, families, employers, and attorneys, signature compliance should now be treated as a critical component of every immigration filing.

Understanding the USCIS Signature Rule 2026 is crucial for compliance and successful immigration filings.

 

What Is the New USCIS Signature Rule?

On May 11, 2026, the Department of Homeland Security published an Interim Final Rule entitled “Signatures on Immigration Benefit Requests.”

Official Source:

Federal Register: Signatures on Immigration Benefit Requests

The regulation amends existing USCIS rules governing signatures on immigration forms, petitions, and applications.

Historically, USCIS frequently rejected filings during intake if required signatures were missing or defective.

However, questions remained regarding what USCIS could do if a signature issue was discovered after the filing had already been accepted and receipted.

The new rule resolves that uncertainty.

USCIS now expressly states that it may reject or deny a filing if the agency later determines that the filing lacks a valid signature.

In practical terms, a case could survive intake review, receive a receipt notice, enter adjudication, and still be denied months later because USCIS concludes that the signature was invalid.

Why Did DHS and USCIS Issue This Rule?

According to DHS, USCIS has experienced a significant increase in questionable signature practices.

The agency cited concerns involving:

• copied signature images;
• unauthorized signatures;
• improper electronic signature practices;
• repeated use of identical signatures across multiple filings;
• increased litigation and administrative appeals involving signature disputes.

DHS concluded that stronger enforcement authority was necessary to preserve the integrity of the immigration system and reduce opportunities for fraud.

Why Is This Rule So Important?

The answer lies in the difference between a rejection and a denial.

Rejection

A rejection generally means:

• USCIS does not accept the filing;
• the case is not adjudicated;
• filing fees are often returned;
• the applicant may correct the issue and refile.

Denial

A denial generally means:

• USCIS adjudicates the filing;
• filing fees may be retained;
• new filing fees may be required;
• priority dates may be affected;
• additional delays may occur;
• appeals or motions may become necessary.

For applicants pursuing green cards, employment authorization, citizenship, waivers, or humanitarian relief, the consequences can be significant.

Which Immigration Cases Are Affected?

The new signature rule potentially affects nearly every filing submitted to USCIS.

Examples include:

• Form I-130 Petition for Alien Relative;
• Form I-485 Adjustment of Status;
• Form I-765 Employment Authorization;
• Form I-131 Travel Documents;
• Form I-129 Employment Petitions;
• Form I-140 Immigrant Worker Petitions;
• Form I-751 Removal of Conditions;
• Form N-400 Naturalization Applications;
• Form I-601 Waivers;
• Form I-601A Provisional Waivers;
• asylum-related filings;
• humanitarian applications and petitions.

Individuals pursuing permanent residence should also review Herman Legal Group’s guides on:

• Marriage Green Cards
• Adjustment of Status (Form I-485)

Does This Rule Apply to Immigration Attorneys?

Yes.

The rule has important implications for immigration lawyers and law firms.

Attorneys routinely submit:

• Form G-28;
• Form I-130;
• Form I-485;
• Form I-129;
• Form I-140;
• Form N-400;
• waiver applications;
• humanitarian filings.

USCIS expects attorneys to ensure that clients properly execute all required signatures before filing.

As scrutiny increases, law firms should maintain records demonstrating that the client personally reviewed and signed the forms submitted to USCIS.

Does This Rule Apply to Form G-28?

Absolutely.

Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, requires signatures from both the attorney and the client.

A defective G-28 may create issues not only regarding representation but potentially regarding the validity of the underlying immigration filing itself.

Given the widespread use of remote representation, immigration law firms should carefully review signature collection and retention procedures.

Are Scanned Signatures Still Acceptable?

Yes.

This is one of the most misunderstood aspects of the rule.

The regulation does not eliminate USCIS’s longstanding acceptance of scanned copies of original handwritten signatures.

USCIS continues to recognize:

• scanned copies of original wet-ink signatures;
• photocopies of originally signed forms;
• faxed copies of originally signed forms.

USCIS guidance regarding signatures is available in the:

USCIS Policy Manual – Signatures

For most immigration practitioners, this means that existing remote-signature workflows remain viable if they involve genuine original signatures that are later scanned and transmitted.

What Types of Signatures May Be Considered Invalid?

Although each case will depend on its facts, USCIS has identified several problematic practices.

Copy-and-Paste Signatures

One concern involves signature images copied from prior documents and pasted onto new filings.

USCIS distinguishes this practice from a scanned copy of an originally executed signature page.

Unauthorized Signatures

A spouse, employer, attorney, friend, or family member generally cannot sign on behalf of an applicant unless specifically authorized by law.

Signature Stamps

Rubber-stamp signatures generally remain problematic and may trigger additional scrutiny.

Improper Electronic Signatures

Certain electronic signature practices may not satisfy USCIS requirements for paper-filed forms.

Applicants should ensure that any electronic signature method complies with current USCIS guidance.

Will USCIS Give Applicants a Chance to Fix the Problem?

Not necessarily.

One of the most important aspects of the new rule is what it does not require.

The regulation does not create a mandatory cure period.

In other words, USCIS may not be required to issue:

• a Request for Evidence (RFE);
• a Notice of Intent to Deny (NOID);
• a request for a corrected signature.

Instead, USCIS may proceed directly to rejection or denial.

Applicants should therefore avoid assuming that a signature defect can always be corrected later.

 

What Should Immigration Lawyers Do Immediately?

Immigration law firms should review internal procedures now.

Recommended practices include:

Maintain Original Signature Records

Keep evidence showing that the client personally executed the document.

Audit Remote Signature Procedures

Review how signatures are obtained, stored, and transmitted.

Train Staff

Ensure that paralegals, legal assistants, and administrative personnel understand the distinction between a valid scanned original signature and an improperly copied signature image.

Review Every Filing

Verify:

• applicant signatures;
• petitioner signatures;
• interpreter certifications;
• preparer certifications;
• attorney signatures;
• Form G-28 signatures.

Preserve Signed Copies

Maintain complete electronic records of all signed submissions.

What Should Immigration Applicants Do Right Now?

Step 1: Personally Review Every Form

Carefully review all information before signing.

Step 2: Personally Sign Every Required Form

Do not permit another individual to sign for you unless specifically authorized.

Step 3: Keep Copies

Maintain copies of every signed document submitted to USCIS.

Step 4: Review Signature Pages Carefully

Many filing problems arise from omitted pages, missing signatures, or signing the wrong version of a form.

Step 5: Work With Qualified Counsel

Complex immigration cases benefit from careful legal review before filing.

 

Richard Herman’s Analysis

The significance of this rule extends well beyond signatures.

The broader message from USCIS is clear:

Technical compliance matters.

Over the past several years, USCIS has increasingly emphasized:

• filing integrity;
• fraud prevention;
• documentary compliance;
• procedural requirements;
• discretionary review;
• record verification.

The new signature rule fits squarely within that broader trend.

While most applicants will never experience a signature-related denial, individuals and attorneys should recognize that procedural mistakes now carry greater consequences than they did in the past.

Signature compliance should therefore be treated as a substantive part of case preparation rather than a clerical afterthought.

Frequently Asked Questions

Can USCIS deny my case because of a signature mistake?

Yes. Beginning July 10, 2026, USCIS may deny an immigration filing if it determines that the filing lacks a valid signature.

Are scanned signatures still acceptable?

Generally yes. USCIS continues to recognize scanned copies of original handwritten signatures in many circumstances.

Does this rule apply to Form G-28?

Yes. Both attorneys and clients should ensure that G-28 signatures comply with USCIS requirements.

Will USCIS issue an RFE before denying my case?

Not necessarily. The new regulation does not require USCIS to provide an opportunity to cure every signature defect.

Does the rule affect employment-based immigration cases?

Yes. H-1B petitions, L-1 petitions, O-1 petitions, I-140 petitions, and other employment-based filings may all be affected.

Does the rule affect family-based immigration cases?

Yes. Family petitions, adjustment applications, waivers, and naturalization filings may all be affected.

Can attorneys still use scanned signatures?

Yes. Scanned copies of genuine original signatures generally remain acceptable. The rule primarily targets invalid, unauthorized, or improperly created signatures.

 

Herman Legal Group Resources

USCIS RFEs, NOIDs, and Denials

• How Can I Overcome an RFE or NOID?
• What to Do if You Have Received RFE or NOID
• What If I Get an RFE or NOID With My I-485?
• Request for Evidence in Marriage Green Card Cases
• How to Win a Spousal I-130 or I-751 After RFE or NOID

Adjustment of Status

• Adjustment of Status Through USCIS
• What Happens If Your Adjustment of Status Is Denied?
• H-1B I-485 2026: Should You Still File Adjustment of Status?
• Complete Guide to Adjustment of Status Documents

Employment Immigration

• Employment-Based Immigration

Naturalization

• New Good Moral Character Requirements for U.S. Citizenship

Government Resources

• Federal Register: Signatures on Immigration Benefit Requests
• USCIS Policy Manual – Signatures
• USCIS Forms
• USCIS Filing Guidance

Need Help With a USCIS Filing?

The new USCIS signature rule increases the consequences of technical filing mistakes. A missing, copied, unauthorized, or otherwise invalid signature could now result in rejection, denial, loss of filing fees, and significant delays.

For more than 30 years, Richard Herman and the attorneys at Herman Legal Group have helped immigrants, families, employers, physicians, researchers, entrepreneurs, students, and professionals navigate the U.S. immigration system.

Schedule a Consultation

• https://www.lawfirm4immigrants.com/book-consultation/
• https://www.lawfirm4immigrants.com/about-us/

Learn More About Herman Legal Group

• https://www.lawfirm4immigrants.com/

Call

1-800-808-4013

 

 

 

The Immigration Equities Package for Adjustment of Status: How to Win Favorable Discretion in Cases After USCIS Memo PM-602-0199

Understanding Discretion — The Most Important Concept Most Green Card Applicants Never Think About

Quick Takeaway

Most adjustment of status applicants focus almost entirely on eligibility.

They ask:

• Am I eligible for a green card?
• Is my priority date current?
• Do I qualify through marriage, family, employment, or another category?
• Can I file Form I-485?

Those questions are important.

But after USCIS issued Policy Memorandum PM-602-0199, Adjustment of Status and Discretion, a different question has become increasingly important:

Even if you qualify for a green card, why should USCIS exercise favorable discretion and approve your application?

That question lies at the heart of what immigration lawyers call an Immigration Equities Package—a strategic collection of evidence demonstrating that an applicant deserves a favorable exercise of discretion.

Understanding discretion is the foundation for understanding everything else in this article.

 

Why This Topic Suddenly Matters

When USCIS issued PM-602-0199 on May 21, 2026, the immigration community reacted immediately.

The memorandum repeatedly described adjustment of status as:

• a discretionary benefit;
• administrative grace;
• extraordinary relief;
• an alternative to the normal consular processing system.

For many immigration lawyers, employers, universities, hospitals, and applicants, the memo appeared to signal a dramatic shift in how adjustment cases might be adjudicated.

Within days, immigration organizations, practitioners, and major media outlets began analyzing the implications.

Some commentators feared USCIS intended to transform adjustment of status from a routine immigration benefit into a much more difficult form of relief.

Others argued the agency was merely restating legal principles that have existed for decades.

As concerns mounted, reports emerged that USCIS officials were attempting to clarify aspects of the policy and reassure stakeholders that adjustment of status remained available for qualified applicants.

The result was what many practitioners now describe as the PM-602-0199 “shockwave” followed by a partial “walk-back.”

Yet regardless of how the policy ultimately develops, one reality remains unchanged:

Discretion is now at the center of the conversation.

The Difference Between Eligibility and Discretion

Many applicants assume that if they satisfy the legal requirements for adjustment of status, approval should follow automatically.

Immigration law does not work that way.

Eligibility and discretion are different concepts.

Eligibility

Eligibility asks:

• Is there an approved immigrant petition?
• Is a visa available?
• Was the applicant inspected and admitted or paroled?
• Does the applicant qualify under INA §245?
• Is the applicant admissible?

These are threshold questions.

An applicant who fails them generally cannot obtain adjustment.

Discretion

Discretion asks something different:

Assuming the applicant is legally eligible, should USCIS approve the application?

This is where positive and negative factors may come into play.

An applicant may satisfy every statutory requirement and still face questions concerning:

• immigration history;
• compliance with prior visa conditions;
• criminal history;
• honesty and credibility;
• public safety concerns;
• humanitarian factors;
• family circumstances;
• overall equities.

Discretion is not about whether someone qualifies.

It is about whether approval is warranted.

The Single Most Important Word in the Adjustment of Status Statute

The legal foundation of discretion begins with one word found in INA §245.

Congress did not provide that adjustment applications “shall” be granted.

Instead, Congress provided that the Attorney General (now USCIS and DHS) “may” adjust the status of an eligible applicant.

That distinction is significant.

Throughout American law, courts generally interpret the word “may” as granting decision-makers discretion.

The concept has been recognized repeatedly by immigration courts, federal courts, the Board of Immigration Appeals, and USCIS itself.

This is why adjustment of status has always been considered a discretionary benefit rather than an entitlement.

The idea did not originate with PM-602-0199.

The memorandum simply brought that reality back to the forefront. It also included no grandfathering provision, so the change could affect already pending cases.

Why Adjustment of Status Is Different From Consular Processing

One of the themes emphasized throughout PM-602-0199 is that adjustment of status allows certain applicants to obtain permanent residence without leaving the United States.

Historically, immigrant visas were obtained through a U.S. consulate abroad.

Adjustment of status created a mechanism allowing qualifying applicants already present in the United States to complete the process domestically.

For decades, adjustment became the preferred route for many applicants because it generally offered:

• continuity of employment;
• family stability;
• reduced travel risks;
• procedural efficiency;
• greater predictability.

The memorandum’s repeated references to adjustment as “extraordinary relief” triggered concern because many practitioners interpreted that language as suggesting applicants should be required to justify why they should be permitted to adjust in the United States rather than complete processing abroad.

That interpretation became one of the central controversies surrounding the memo.

Why the Immigration Bar Reacted So Strongly

The concern was not simply academic.

Adjustment of status is the backbone of many immigration categories.

Every year, hundreds of thousands of people rely upon adjustment, including:

• spouses of U.S. citizens;
• parents of U.S. citizens;
• employment-based professionals;
• physicians;
• researchers;
• international students;
• entrepreneurs;
• refugees and asylees;
• humanitarian applicants.

Employers build hiring strategies around adjustment.

Hospitals recruit physicians based on adjustment pathways.

Universities depend on adjustment options for researchers and faculty.

Families often structure major life decisions around adjustment eligibility.

Any suggestion that USCIS intended to fundamentally alter adjustment adjudications was bound to create significant concern.

That is precisely what happened.

The Subsequent Clarifications

In the days following publication of the memorandum, reports emerged that USCIS officials were providing additional context regarding the policy.

Many practitioners interpreted those statements as an effort to reassure stakeholders that the agency was not eliminating adjustment of status or requiring mass consular processing.

The practical reality is that the U.S. immigration system depends heavily on adjustment adjudications.

A dramatic reduction in adjustment approvals would create significant consequences for employers, families, universities, healthcare systems, and the broader economy.

As a result, many observers concluded that the initial language of the memorandum may have been broader than the agency ultimately intended to implement.

Whether one views those developments as a clarification or a walk-back, the episode revealed how sensitive adjustment policy has become. The debate centered on a USCIS policy memo that provided internal guidance rather than changing the statute itself.

 

What Applicants Should Learn From the PM-602-0199 Debate

Many applicants initially focused on the wrong question.

The question is not:

Is adjustment of status disappearing?

The answer is almost certainly no.

The more important question is:

What evidence can I provide to make my case stronger if USCIS is paying greater attention to discretion?

That question leads directly to the concept of an Immigration Equities Package.

The strongest applicants do not simply prove eligibility.

They demonstrate why approval serves:

• family unity;
• humanitarian interests;
• economic growth;
• community stability;
• public benefit;
• long-term national interests.

In other words, they build a record showing why USCIS should say yes. You are investing a lot of money and time in the process. The government filing fee for Adjustment of Status is approximately $1,440. Let’s do it right!

Richard Herman’s Observation

For many years, most adjustment cases focused primarily on eligibility.

The future may look different.

Whether PM-602-0199 ultimately results in major policy changes or merely heightened scrutiny, applicants should expect USCIS officers to pay closer attention to the overall story behind a case.

Two applicants may have identical eligibility.

Yet one may present:

• extensive community service;
• long-term tax compliance;
• exceptional employment history;
• strong family ties;
• compelling humanitarian factors;
• evidence of rehabilitation;
• substantial contributions to the United States.

The other may present little beyond the required forms.

If discretion becomes increasingly important, those differences may matter.

That is why the concept of an Immigration Equities Package is likely to become one of the most important immigration strategies of the next several years.

In the next section, we will examine the legal framework behind discretionary decision-making, including INA §245, the USCIS Policy Manual, Matter of Arai, Matter of Marin, Matter of Mendez-Moralez, Patel v. Garland, and the long history of how immigration adjudicators weigh favorable and adverse factors.

The Legal Foundation of Discretion

Where USCIS Gets the Power to Say “Yes” — or “No”

Before discussing Immigration Equities Packages, positive factors, or the 100-document checklist, it is important to understand a fundamental reality:

USCIS did not create discretionary authority through PM-602-0199.

The authority to exercise discretion has existed for decades.

The memo did not invent discretion.

Rather, it reminded immigration officers that discretion has always been part of adjustment adjudications.

To understand what USCIS may do in the future, applicants must first understand where discretion comes from and how courts, immigration judges, and the Board of Immigration Appeals have historically analyzed favorable and adverse factors.

The Statutory Foundation: INA §245

Adjustment of status is governed by INA §245 and other applicable federal law.

The critical language appears near the beginning of the statute:

“The status of an alien who was inspected and admitted or paroled into the United States … may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe…”

The most important word in that sentence is:

“May”

Congress did not say USCIS shall adjust status.

Congress did not say USCIS must adjust status.

Congress said USCIS may adjust status.

That single word creates discretionary authority.

Federal courts have repeatedly recognized that adjustment of status is not an entitlement.

Even when an applicant satisfies all statutory requirements, approval is not automatic.

This principle has existed for generations.

PM-602-0199 merely brought renewed attention to it.

The USCIS Policy Manual Already Recognized Discretion

Long before PM-602-0199, USCIS’s own guidance described adjustment as a discretionary benefit.

The USCIS Policy Manual, Volume 7, which governs adjustment of status adjudications, states that officers must determine whether applicants merit a favorable exercise of discretion.

The Policy Manual has long instructed officers to evaluate:

• positive factors;
• adverse factors;
• humanitarian considerations;
• public-interest considerations;
• overall circumstances.

In other words:

The concept of weighing equities did not begin in 2026.

It has always existed.

What changed in 2026 was the degree of emphasis USCIS placed upon that authority.

Matter of Arai: The Foundation of Favorable Discretion

No discussion of adjustment discretion is complete without examining Matter of Arai, 13 I&N Dec. 494 (BIA 1970).

Many immigration lawyers consider Arai the foundational adjustment-of-status discretion case.

The Board recognized that adjustment applicants may present favorable factors that support approval even where adverse factors exist.

Arai is important because it established a framework that still influences immigration adjudications today:

Favorable Factors Matter

The Board emphasized that officers should consider positive equities.

Adverse Factors Matter

Negative factors are not ignored.

The Entire Record Matters

Cases should be evaluated holistically rather than mechanically.

This basic balancing approach appears repeatedly throughout later immigration cases.

Arai remains highly relevant because it illustrates that discretion involves more than checking statutory boxes.

It involves evaluating the person behind the application.

Matter of Marin: The Balancing Test

Another foundational decision is Matter of Marin, 16 I&N Dec. 581 (BIA 1978).

Although Marin involved suspension of deportation rather than adjustment of status, its balancing framework became one of the most influential concepts in immigration law. USCIS officers consider all relevant factors on a case-by-case basis.

The Board explained that decision-makers should weigh:

Favorable Factors

against

Adverse Factors

Examples of favorable factors identified in Marin include:

• family ties in the United States;
• long residence;
• hardship;
• employment history;
• property ownership;
• community service;
• rehabilitation;
• good moral character.

Examples of adverse factors include:

• criminal history;
• immigration violations;
• fraud;
• repeated misconduct;
• public-safety concerns.

The balancing methodology from Marin eventually influenced discretionary analysis throughout immigration law.

Even though adjustment cases differ from deportation cases, the underlying principle remains highly relevant:

The stronger the positive equities, the more likely they may offset adverse considerations.

Matter of Mendez-Moralez: The Modern Equities Framework

Perhaps the most important discretionary decision for understanding Immigration Equities Packages is Matter of Mendez-Moralez, 21 I&N Dec. 296 (BIA 1996).

The case involved a waiver application, but its discussion of discretion has become influential far beyond that context.

Mendez-Moralez identified many factors immigration adjudicators traditionally consider:

Positive Factors

• family ties;
• residence in the United States;
• hardship to family members;
• employment history;
• community contributions;
• rehabilitation;
• good moral character.

Negative Factors

• criminal conduct;
• immigration violations;
• dishonesty;
• other adverse behavior.

The case emphasized individualized review.

No single factor automatically controls.

Instead, adjudicators examine the entire record.

This concept lies at the heart of what an Immigration Equities Package seeks to accomplish.

Patel v. Garland: Why Discretion Matters More Than Ever

The modern landscape cannot be understood without discussing Patel v. Garland, 596 U.S. 328 (2022).

Patel was one of the most important immigration decisions issued by the United States Supreme Court in recent years.

The Court held that federal courts generally lack jurisdiction to review many factual determinations underlying discretionary adjustment decisions.

The practical consequence was significant.

Historically, applicants often viewed federal court review as an important safeguard.

Patel narrowed that pathway.

When adjustment policy is challenged in court, possible outcomes can still remain uncertain.

Many immigration lawyers interpreted the decision as increasing the practical importance of the USCIS adjudication itself.

If courts have less ability to second-guess discretionary determinations, building the strongest possible administrative record becomes even more important.

That is one reason Immigration Equities Packages may become increasingly valuable.

The Difference Between Eligibility Factors and Equities

Many applicants confuse evidence proving eligibility with evidence supporting discretion.

They are not the same.

Eligibility Evidence

Examples include:

• approved I-130 petitions;
• approved I-140 petitions;
• birth certificates;
• marriage certificates;
• admission records;
• visa documentation.

These documents establish legal qualification.

Equities Evidence

Examples include:

• community service;
• tax compliance;
• rehabilitation;
• employment achievements;
• family hardship;
• caregiving responsibilities;
• military service;
• charitable activities.

These documents help answer a different question:

Why should USCIS approve this case?

Both categories matter.

But PM-602-0199 has increased attention on the second category.

How Officers Actually Weigh Cases

One misconception is that USCIS officers use a mathematical formula.

They do not.

There is no point system.

No checklist automatically guarantees approval.

Instead, officers typically evaluate the overall record.

They ask questions such as:

• What positive factors exist?
• What negative factors exist?
• How serious are the adverse issues?
• How extensive are the positive equities?
• Has rehabilitation occurred?
• Would approval promote family unity?
• Would approval advance humanitarian goals?
• Would approval benefit the public interest?

These are inherently discretionary judgments.

That is why two applicants with similar legal eligibility may experience very different outcomes.

What Counts as a Strong Positive Equity in a Green Card Application?

Although every case is unique, certain factors repeatedly appear throughout immigration law. Common documentation includes evidence of family ties, community involvement, and employment history.

Among the strongest are:

Family Unity

Particularly involving:

• U.S. citizen spouses;
• U.S. citizen children;
• elderly parents;
• dependent family members.

Long-Term Residence

Years of productive residence often carry significant weight.

Employment and Tax Compliance

Consistent work history and tax compliance demonstrate responsibility and contribution. Documentation of U.S. tax compliance strengthens an equities package.

Community Involvement

Volunteer work, religious participation, and civic engagement often strengthen discretionary arguments. Community membership can support positive factors in an adjustment application.

Rehabilitation

Where adverse factors exist, evidence of rehabilitation may become one of the most important components of the case.

Humanitarian Considerations

Medical issues, disabilities, caregiving responsibilities, and country-condition concerns can all influence discretionary analysis.

Why PM-602-0199 Makes These Cases Newly Important

For decades, many practitioners discussed Matter of Arai, Matter of Marin, and Matter of Mendez-Moralez primarily in removal cases, waiver cases, and complex discretionary matters.

PM-602-0199 changed that conversation.

Suddenly, thousands of adjustment applicants began asking:

What positive equities should I be presenting?

That question is exactly the right one.

Because whether USCIS ultimately applies the memo aggressively or moderately, the safest strategy remains the same:

Build the strongest record possible.

Do not merely prove eligibility.

Demonstrate why approval serves the interests of:

• family unity;
• economic stability;
• humanitarian fairness;
• community welfare;
• the United States as a whole.

That is the purpose of an Immigration Equities Package.

And it is why the next section of this guide examines what PM-602-0199 actually changed, what the media reported, what USCIS appears to have clarified afterward, and why the “walk-back” may be just as important as the memo itself.

PM-602-0199, the Backlash, and the “Walk-Back”

What Actually Happened — And What Applicants Should Learn From It

No immigration policy memorandum in 2026 generated more confusion, anxiety, debate, and media attention than USCIS Policy Memorandum PM-602-0199.

Within days of its publication, immigration lawyers, employers, universities, hospitals, advocacy organizations, and applicants were asking the same question:

Did USCIS just make adjustment of status dramatically harder?

The answer is more complicated than many headlines suggested.

To understand why, it is important to examine what the memo actually said, why it triggered such a strong reaction, how USCIS responded to the criticism, and what practical lessons applicants should take away from the controversy.

The Memo That Shook the Immigration Bar

On May 21, 2026, USCIS released Policy Memorandum PM-602-0199, Adjustment of Status and Discretion.

At first glance, the memo appeared relatively short.

Yet several phrases immediately caught the attention of immigration practitioners.

USCIS repeatedly described adjustment of status as:

• a discretionary benefit;
• administrative grace;
• extraordinary relief;
• an exception to the normal immigrant visa process.

While those concepts have long existed in immigration law, the tone and emphasis of the memorandum raised concerns that USCIS intended to fundamentally alter how adjustment cases would be adjudicated. The memo did not include a grandfathering provision for already filed I-485 cases, which heightened concern about any new adjustment approach affecting pending applications.

Many attorneys believed the memo went far beyond a simple restatement of existing law.

Instead, it appeared to signal a philosophical shift toward more restrictive adjudications.

Why the Phrase “Extraordinary Relief” Triggered Alarm

Perhaps no phrase generated more controversy than USCIS’s description of adjustment of status as an “extraordinary form” of relief.

For decades, adjustment of status has functioned as one of the primary pathways to lawful permanent residence and a central part of the domestic green card process for applicants already in the United States.

Every year, hundreds of thousands of applicants use adjustment procedures to obtain green cards while remaining in the United States.

These applicants include:

• spouses of U.S. citizens;
• parents of U.S. citizens;
• employment-based professionals;
• physicians;
• researchers;
• international students;
• entrepreneurs;
• refugees and asylees.

The concern among practitioners was straightforward.

If adjustment truly became “extraordinary relief,” would applicants now be expected to justify why they deserved adjustment rather than immigrant visa processing at a U.S. consulate abroad?

Would officers begin denying cases that historically would have been approved?

Would lawful pathways become less predictable?

Those questions quickly spread throughout the immigration community.

AILA and the Immigration Bar Respond

The immigration bar reacted almost immediately.

The American Immigration Lawyers Association (AILA) criticized portions of the memorandum and warned that its language could create uncertainty for both applicants and adjudicators.

Many practitioners argued that Congress intended adjustment of status to function as a normal statutory mechanism rather than a rare exception.

Others expressed concern that officers could interpret the memorandum inconsistently across field offices.

The fear was not merely theoretical.

Immigration lawyers reported receiving questions from clients who worried that:

• pending adjustment applications or already pending cases might be denied because USCIS has not provided a grandfathering provision for pending cases;
• adjustment cases might be converted into consular processing cases;
• family-based green card applications could become more difficult;
• employment-based adjustment strategies might no longer be reliable.

For law firms across the country, the volume of inquiries increased almost immediately.

Employers, Universities, and Hospitals Became Concerned

The reaction extended well beyond immigration attorneys.

Major sectors of the American economy depend heavily on adjustment of status.

Hospitals use adjustment pathways to retain physicians.

Universities depend on adjustment options for professors, researchers, and graduate students.

Technology companies rely upon adjustment processing for highly skilled workers.

Businesses use adjustment to retain long-term employees and avoid disruptions caused by international travel and consular delays.

If adjustment became substantially more difficult, the consequences would extend far beyond individual applicants.

Employers understood this immediately.

That is one reason the policy quickly attracted national attention.

National Media Coverage

The controversy surrounding PM-602-0199 soon moved beyond legal circles.

Major media organizations began reporting on the policy and its potential implications.

Coverage highlighted concerns that USCIS might be attempting to discourage adjustment of status and encourage more applicants to pursue immigrant visa processing abroad.

Several reports quoted immigration lawyers who argued that the memorandum represented one of the most consequential adjustment-of-status developments in years.

Others emphasized the uncertainty surrounding implementation and questioned whether USCIS intended to apply the policy broadly or narrowly.

The resulting coverage brought an issue that might otherwise have remained confined to immigration practitioners into the national spotlight.

The Practical Reality: USCIS Could Not Simply Eliminate Adjustment

As the debate intensified, a practical problem became increasingly obvious.

The American immigration system depends heavily on adjustment of status.

A dramatic reduction in adjustment approvals would affect:

• family-based immigration;
• employment-based immigration;
• physician recruitment;
• higher education;
• scientific research;
• business operations;
• workforce planning.

Congress has repeatedly preserved adjustment as a central component of the immigration system.

Adjustment is not a loophole.

Adjustment is not an exception created by agency policy.

Adjustment is a statutory benefit enacted by Congress.

For that reason, many observers believed USCIS would eventually need to clarify how the memorandum would be applied.

The “Walk-Back”

Within days of the memorandum’s publication, reports began circulating that USCIS officials were providing additional explanations regarding the policy.

Practitioners across the country reported hearing that:

• adjustment remained available;
• officers would continue conducting individualized reviews;
• the memorandum did not require mass consular processing;
• applicants would still be reviewed individually under existing adjustment of status policy.

Some field officers reportedly acknowledged confusion created by the memorandum’s initial language.

Other reports suggested that internal discussions were underway regarding implementation.

Whether one describes these developments as a clarification, modification, recalibration, or walk-back, the practical effect was similar:

The widespread fear that adjustment itself was disappearing began to subside.

Why the Walk-Back Matters More Than Most People Realize

Many observers focused on the controversy itself.

The more important issue may be what happened afterward.

The walk-back effectively confirmed several important realities.

Reality #1: Adjustment Is Not Going Away

Adjustment remains one of the central pillars of the immigration system.

Congress created it.

Employers depend on it.

Families depend on it.

USCIS processes hundreds of thousands of adjustment applications every year.

Nothing that occurred after PM-602-0199 suggests adjustment is disappearing.

Reality #2: Discretion Is Here to Stay

Although fears of mass denials appear overstated, the underlying legal principle remains unchanged.

Adjustment is discretionary.

The agency has repeatedly emphasized that point.

The walk-back did not eliminate discretion.

If anything, it reinforced the importance of discretionary analysis.

Reality #3: Officers Have Been Reminded to Document Discretion

Perhaps the most significant long-term consequence of PM-602-0199 is that officers have now received an unmistakable reminder regarding discretionary authority.

That reminder may influence:

• interview questioning;
• RFE issuance;
• NOID issuance;
• case documentation;
• written decisions.

Even if approval rates remain relatively stable, discretionary reasoning may receive greater attention than in previous years.

What Attorneys Across the Country Are Reporting

Although implementation continues to evolve, many immigration lawyers report several emerging trends.

These include:

More Questions About Immigration History

Officers appear increasingly interested in understanding prior status compliance, travel history, previous interactions with immigration agencies, and verifying the applicant’s immigration status.

Greater Focus on Credibility

Consistency across forms, interviews, supporting evidence, and prior filings appears increasingly important.

More Interest in Humanitarian Factors

Family circumstances, caregiving responsibilities, medical conditions, and hardship evidence may be receiving greater attention.

Increased Discussion of Positive Equities

Many practitioners have reported spending more time proactively presenting favorable discretionary evidence.

Whether this trend continues remains to be seen.

However, it aligns with the broader emphasis reflected in PM-602-0199.

What Applicants Should Do Right Now

The lesson from PM-602-0199 is not panic.

The lesson is preparation.

Applicants should avoid two mistakes.

Mistake #1: Assume the Memo Changes Nothing

Ignoring the memorandum entirely would be unwise.

USCIS issued it for a reason.

Officers have been instructed to think about discretion.

Applicants should do the same.

Mistake #2: Assume Every Case Will Be Denied

The opposite reaction is equally misguided.

The subsequent clarifications strongly suggest that adjustment remains available to qualified applicants.

Most applicants should not assume their cases are doomed.

The Better Strategy

The better strategy is simple:

Build the strongest case possible.

That means:

• proving eligibility;
• documenting admissibility;
• preparing for interviews;
• anticipating concerns;
• presenting favorable equities that require careful preparation as structured narrative evidence, not just a stack of loose documents.

The applicants best positioned to succeed under any discretionary framework are those who proactively demonstrate why approval serves the interests of:

• family unity;
• economic contribution;
• humanitarian fairness;
• community stability;
• public benefit.

That is precisely why Immigration Equities Packages have become such an important topic.

Richard Herman’s Prediction

The long-term significance of PM-602-0199 may not be increased denials.

It may be increased documentation.

In the years ahead, successful adjustment cases are likely to look more sophisticated.

Applicants who merely submit the minimum required forms may find themselves at a disadvantage compared to applicants who present a complete narrative supported by extensive evidence of positive equities.

The future of adjustment practice may involve less focus on checking boxes and more focus on telling a compelling story.

That story is built through evidence.

And that evidence is what we call an Immigration Equities Package.

In the next section, we will examine what USCIS officers are most likely looking for when evaluating favorable discretion and identify the specific categories of evidence that carry the greatest weight in adjustment adjudications.

It will answer the practical question that immigrants actually have:

“What positive factors are USCIS officers likely looking for right now?”

What USCIS Officers Are Most Likely Looking For Now

Understanding the Positive Equities That Can Strengthen an Adjustment of Status Case

If the previous sections of this article established the legal framework behind discretion, this section answers the practical question every applicant is asking:

What does favorable discretion actually look like in a discretionary, multi-step status process?

The truth is that no USCIS officer receives a secret checklist.

There is no publicly available point system.

There is no formula assigning ten points for community service, twenty points for employment history, and thirty points for family ties.

Discretion does not work that way.

Yet after reviewing the USCIS Policy Manual, decades of immigration case law, including Matter of Arai, Matter of Marin, and Matter of Mendez-Moralez, as well as the themes emphasized in PM-602-0199, clear patterns emerge.

• Certain equities repeatedly appear.
• Certain facts consistently help applicants.
• Certain evidence tells a compelling story.

The strongest cases are often those that answer a simple question:

Why is approving this application the right decision?

The Most Important Shift: From Eligibility to Narrative

Historically, many adjustment applicants treated the filing as a status application and focused almost exclusively on proving eligibility, rather than building the discretionary narrative that explains why approval is warranted.

They submitted:

• Form I-485;
• supporting civil documents;
• medical examination;
• financial sponsorship forms;
• immigration records.

Those documents remain essential.

However, they typically answer only one question:

Can this person qualify?

They often do not answer:

Why should USCIS approve this person?

That second question is where equities become important.

The strongest discretionary cases create a coherent narrative.

The evidence demonstrates:

• who the applicant is;
• what the applicant has contributed;
• why family members depend upon the applicant;
• why approval advances humanitarian interests;
• why approval benefits the United States.

Equity #1: Family Unity

Historically, family unity has been among the strongest positive equities in immigration law.

This should not be surprising.

Family reunification has long been one of the primary goals of the Immigration and Nationality Act.

When officers evaluate discretionary factors, they frequently consider:

• U.S. citizen spouses;
• lawful permanent resident spouses;
• U.S. citizen children;
• dependent children;
• elderly parents;
• disabled family members;
• caregiving responsibilities.

The more significant the family impact, the stronger the equity may become.

Why Family Evidence Matters

Many applicants submit only basic proof of the relationship.

For example:

• marriage certificate;
• birth certificate;
• adoption decree.

Those documents establish eligibility.

But they rarely explain the human impact of the case.

An effective discretionary presentation often goes further.

It may demonstrate:

• emotional dependency;
• financial dependency;
• caregiving obligations;
• educational needs of children;
• medical needs of family members;
• family stability concerns.

Officers evaluating discretion frequently respond to evidence that shows real-world consequences rather than merely legal relationships.

Equity #2: Long-Term Residence in the United States

Length of residence has appeared repeatedly in immigration decisions involving discretion.

The reasoning is straightforward.

The longer someone has lived productively in the United States, the stronger the argument that removal or denial would disrupt established ties.

Long residence may reflect:

• community integration;
• cultural assimilation;
• employment stability;
• family development;
• educational achievement.

For some applicants, years of lawful residence may become one of the strongest favorable factors in the case.

Equity #3: Employment and Economic Contributions

One of the most powerful but often underutilized equities involves economic contribution.

USCIS officers frequently encounter applicants who:

• pay taxes;
• support families;
• employ workers;
• provide professional services;
• contribute to local economies.

These contributions matter.

Particularly strong examples include:

Healthcare Workers

Physicians.

Dentists.

Nurses.

Therapists.

Healthcare shortages throughout the United States make these equities especially compelling.

Researchers and Scientists

Researchers often contribute innovations that benefit public health, technology, education, and national competitiveness.

Entrepreneurs

Business owners may create jobs and stimulate local economic activity.

Long-Term Employees

Applicants with substantial work histories often demonstrate reliability, stability, and integration into American society.

Equity #4: Tax Compliance

One of the simplest yet most persuasive equities is tax compliance.

Tax records often demonstrate:

• responsibility;
• honesty;
• economic contribution;
• respect for legal obligations.

Applicants who have consistently filed taxes frequently possess evidence that strengthens both credibility and discretionary arguments.

Conversely, unresolved tax issues can create unnecessary complications.

Equity #5: Education and Future Potential

Education frequently receives less attention than it deserves.

Yet educational achievements often provide compelling evidence of future contributions.

Particularly strong factors include:

• college degrees;
• graduate degrees;
• professional licenses;
• research publications;
• certifications;
• scholarships;
• academic awards.

International students may have especially strong equities when they demonstrate:

• academic excellence;
• community involvement;
• future workforce contributions.

This is one reason many F-1 students may benefit from proactive discretionary submissions.

Equity #6: Community Involvement

Some of the most persuasive evidence in an immigration file never appears on government forms.

Community involvement may include:

• volunteer work;
• religious service;
• nonprofit participation;
• youth mentorship;
• coaching;
• civic engagement.

Such evidence demonstrates something important:

The applicant is invested in the community beyond personal gain.

That message can be extremely powerful.

Equity #7: Character and Reputation

Many officers seek evidence answering a simple question:

What kind of person is this applicant?

Character evidence may come from:

• employers;
• teachers;
• clergy;
• community leaders;
• coworkers;
• neighbors.

Strong character evidence is often specific.

The best letters do not simply say:

“He is a good person.”

Instead, they describe:

• actions;
• achievements;
• responsibilities;
• examples of integrity.

Specific examples are more persuasive than general praise.

Equity #8: Rehabilitation

For applicants with adverse factors, rehabilitation may become the single most important equity in the case.

This issue often arises when applicants have:

• arrests;
• convictions;
• substance abuse histories;
• prior misconduct;
• immigration violations.

USCIS officers frequently focus on whether rehabilitation has occurred.

Relevant evidence may include:

• counseling records;
• treatment completion;
• educational achievements;
• stable employment;
• community service;
• character references.

The passage of time also matters.

A mistake from twenty years ago may carry less weight than a recent incident.

Equity #9: Humanitarian Considerations

Humanitarian factors have always played an important role in discretionary adjudications.

Examples include:

• serious illness;
• disability;
• caregiving obligations;
• mental health concerns;
• special-needs children;
• country-condition concerns.

These factors may not independently determine a case.

However, they often become important components of the overall discretionary analysis.

Equity #10: Service to Others

Among the most powerful equities are those demonstrating service.

Examples include:

• military service;
• healthcare service;
• teaching;
• emergency response work;
• nonprofit leadership;
• community advocacy.

Such evidence often helps officers understand the broader impact of the applicant’s presence in the United States.

The Hidden Equity Most Applicants Ignore

After decades of immigration practice, one recurring problem appears in many cases.

Applicants assume officers will connect the dots themselves.

Often they do not.

The strongest evidence in the world may lose value if nobody explains why it matters.

That is why many successful cases include:

An Equities Memorandum

An effective memorandum:

• identifies positive factors;
• addresses negative factors;
• explains context;
• cites legal authority;
• organizes supporting evidence;
• tells the applicant’s story.

Think of the memorandum as the bridge between the evidence and the decision-maker.

Without that bridge, even strong evidence may be overlooked.

What Officers Are Really Evaluating

Although every officer is different, most discretionary reviews ultimately focus on several questions:

Is this person contributing to society?

• Is this person supporting family members?
• Has this person demonstrated responsibility?
• If mistakes occurred, has rehabilitation taken place?
• Would approval promote family unity?
• Would approval serve humanitarian interests?
• Would approval benefit the United States?

The strongest adjustment cases answer all of those questions before USCIS ever asks them.

Richard Herman’s Observation

One of the most significant lessons from the PM-602-0199 debate is that applicants should stop thinking about adjustment solely as a paperwork exercise.

The strongest cases are not merely legally sufficient.

• They are persuasive.
• They tell a story.
• They demonstrate value.
• They show contribution.
• They establish credibility.
• They explain hardship.
• They humanize the applicant.

Most importantly, they make it easier for a USCIS officer to conclude:

“This is a case in which favorable discretion should be exercised.”

That is the goal of every Immigration Equities Package.

In the next section, we will build the complete Immigration Equities Package and identify the 100 documents that can help applicants present the strongest possible discretionary record under PM-602-0199.

The Immigration Equities Package: 100 Documents That Can Help Win Favorable Discretion Under PM-602-0199

The Ultimate Adjustment of Status Evidence Checklist

If the previous sections of this article explained why discretion matters, this section explains how to prove favorable discretion.

Many applicants make a critical mistake.

They assume USCIS will automatically understand the significance of their life story.

They assume officers will infer:

• family hardship;
• economic contributions;
• community involvement;
• rehabilitation;
• future potential.

Often they do not.

Immigration officers are reviewing files, forms, records, and evidence.

Their understanding of your case depends largely on what is documented.

An immigration equities package should be submitted to USCIS for adjustment of status.

The purpose of an Immigration Equities Package is simple:

Build a persuasive record that demonstrates why favorable discretion should be exercised.

Not every document below will apply to every applicant.

Most applicants will use only a portion of this checklist.

The goal is not quantity.

The goal is relevance.

The strongest packages are carefully curated and strategically organized.

Category 1: Family Unity and Family Ties

Documents 1–20

Family unity has long been recognized as one of the most important positive equities in immigration law.

The USCIS Policy Manual, Matter of Arai, and numerous discretionary cases emphasize the importance of family relationships.

Core Relationship Documents

1. Marriage Certificate

2. Children’s Birth Certificates

3. Stepchild Birth Certificates

4. Adoption Decrees

5. Guardianship Orders

Evidence of Family Integration

6. Family Photographs Over Time

7. Holiday and Family Event Records

8. Family Travel Records

9. School Records Showing Parent Involvement

10. Emergency Contact Records

Family Dependency Evidence

11. Evidence of Childcare Responsibilities

12. Evidence of Transportation Responsibilities

13. Evidence of Elder Care Responsibilities

14. Evidence of Financial Support to Family Members

15. Health Insurance Coverage for Family Members

Family Affidavits

16. Spouse Declaration

17. Child Declaration

18. Parent Declaration

19. Sibling Declaration

20. Extended Family Support Letters

Practice Tip

Do not simply prove the relationship exists.

Explain why the relationship matters.

A marriage certificate establishes a marriage.

A detailed affidavit explains:

• emotional dependency;
• financial dependency;
• caregiving responsibilities;
• family stability.

The second document is often far more powerful.

Category 2: Hardship and Humanitarian Considerations

Documents 21–35

One of the most persuasive categories of evidence involves hardship and humanitarian concerns. Evidence of extreme hardship is critical when adjustment of status is at stake.

Medical Evidence

21. Physician Letters

22. Specialist Reports

23. Hospital Records

24. Disability Documentation

25. Medication Records

Mental Health Evidence

26. Psychological Evaluations

27. Psychiatric Evaluations

28. Counseling Records

29. Trauma Assessments

30. Mental Health Treatment Plans

Caregiving Evidence

31. Evidence Applicant Is Primary Caregiver

32. Home Health Documentation

33. Special Needs Child Documentation

34. Elder Care Documentation

35. Caregiver Affidavits

Why This Evidence Matters

Many adjustment cases are not merely immigration cases.

They are family stability cases.

They are healthcare cases.

They are caregiving cases.

The stronger the evidence of dependency, the stronger the humanitarian equity.

Category 3: Employment and Economic Contributions

Documents 36–50

Economic contribution is frequently underestimated.

Many applicants contribute enormously to their communities and local economies.

Employment Records

36. Employment Verification Letter

37. Promotion Records

38. Performance Reviews

39. Professional Awards

40. Letters from Supervisors

Income and Tax Records

41. IRS Tax Transcripts

42. W-2 Forms

43. 1099 Forms

44. Payroll Records

45. State Tax Returns

Business and Entrepreneurship

46. Articles of Incorporation

47. Business Licenses

48. Employee Rosters

49. Payroll Summaries

50. Economic Impact Statements

High-Value Cases

Particularly compelling evidence often comes from:

• physicians;
• nurses;
• dentists;
• healthcare workers;
• researchers;
• professors;
• engineers;
• entrepreneurs;
• business owners.

These applicants frequently possess strong public-benefit equities.

Category 4: Education and Future Contributions

Documents 51–60

One of the most overlooked discretionary factors is future potential.

Academic Records

51. High School Diploma

52. College Degree

53. Graduate Degree

54. Academic Transcript

55. Professional Certification

Achievement Records

56. Scholarships

57. Academic Awards

58. Research Publications

59. Conference Presentations

60. Faculty Recommendation Letters

Why Students Should Pay Attention

F-1 students often assume they lack equities because they are young.

In reality, even a temporary visa holder such as an F-1 student may have strong equities through academics, leadership, and future contributions:

• academic excellence;
• leadership;
• research contributions;
• community service;
• future workforce potential.

Those factors can be highly persuasive.

Category 5: Community Service and Civic Engagement

Documents 61–75

One of the strongest indicators of integration is community involvement.

Volunteer Service

61. Volunteer Logs

62. Nonprofit Service Records

63. Food Bank Service Records

64. Community Center Service Records

65. Youth Mentoring Records

Religious and Civic Participation

66. Church Leadership Records

67. Synagogue Participation Records

68. Mosque Participation Records

69. Faith-Based Volunteer Documentation

70. Civic Organization Memberships

Community Recognition

71. Community Awards

72. Certificates of Appreciation

73. Local Media Coverage

74. Letters from Community Leaders

75. Letters from Clergy

What Makes Community Evidence Persuasive?

The strongest evidence demonstrates consistent involvement over time.

One volunteer event is good.

Years of service are better.

Category 6: Character and Rehabilitation

Documents 76–90

Applicants with adverse factors should pay particular attention to this section.

The concepts discussed in Matter of Marin and Matter of Mendez-Moralez repeatedly emphasize rehabilitation.

Character Evidence

76. Employer Character Letter

77. Coworker Character Letter

78. Teacher Recommendation

79. Clergy Letter

80. Community Leader Letter

Rehabilitation Evidence

81. Counseling Completion Certificates

82. Substance Abuse Treatment Completion Records

83. Anger Management Completion Certificates

84. Probation Completion Records

85. Community Service Completion Records

Evidence of Growth

86. Educational Achievements After Incident

87. Employment Success After Incident

88. Volunteer Work After Incident

89. Family Responsibility Evidence

90. Psychological Rehabilitation Evaluation

Important Principle

USCIS often focuses less on the existence of a past mistake and more on what happened afterward.

Rehabilitation can become one of the strongest equities in a case.

Category 7: Exceptional and Extraordinary Equities

Documents 91–100

These documents frequently transform an ordinary case into an extraordinary one.

Public Service

91. Military Service Records

92. Family Military Service Records

93. First Responder Service Records

Professional Excellence

94. National Awards

95. Industry Awards

96. Professional Recognition

Extraordinary Contributions

97. Published Works

98. Media Coverage

99. Evidence of Exceptional Talent

100. Attorney Equities Memorandum

The Most Important Document on This Entire List

Many applicants assume the most important document is:

• a tax return;
• a diploma;
• a medical record;
• a marriage certificate.

Often it is not.

The most important document may be:

The Attorney Equities Memorandum

The memorandum serves as the roadmap for the officer.

It explains:

• positive factors;
• adverse factors;
• mitigating circumstances;
• humanitarian concerns;
• legal authority;
• reasons favorable discretion should be exercised.

Think of it as the executive summary of the entire case.

Without it, the officer may see 500 pages of evidence.

With it, the officer sees a coherent story.

How to Organize an Immigration Equities Package

The strongest packages are usually organized as follows:

Section 1: Cover Letter

Section 2: Attorney Equities Memorandum

Section 3: Family Unity Evidence

Section 4: Humanitarian Evidence

Section 5: Employment and Tax Records

Section 6: Education and Community Contributions

Section 7: Character and Rehabilitation Evidence

Section 8: Exceptional Equities

Section 9: Exhibits and Index

A well-organized package often increases the likelihood that important evidence will actually be reviewed and understood.

Richard Herman’s Observation

One of the biggest misconceptions about adjustment cases is that stronger evidence simply means more evidence.

That is not true.

A 1,000-page filing can be weaker than a 150-page filing.

The goal is not volume.

The goal is persuasion.

The best Immigration Equities Packages accomplish three things:

1. They prove eligibility.
2. They demonstrate positive equities.
3. They make it easy for the officer to conclude that favorable discretion is warranted.

In the post-PM-602-0199 environment, applicants who proactively build a persuasive discretionary record may place themselves in a significantly stronger position than applicants who simply submit the minimum required forms.

In the next section we will examine how immigration lawyers build Attorney Equities Memoranda, the strategic centerpiece of many successful discretionary cases, and why the narrative of a case may be just as important as the documents themselves.

The Attorney Equities Memorandum

The Most Important Document Most Adjustment Applicants Never Submit

If there is one concept that separates a routine adjustment filing from a strategically prepared discretionary case, it is the Attorney Equities Memorandum.

Most applicants submit documents.

The strongest applicants submit a narrative.

That narrative is often what determines whether a USCIS officer views a case as:

• an ordinary application file; or
• a compelling request for favorable discretion.

After discussing the legal framework in the previous sections—including INA §245, the USCIS Policy Manual, Matter of Arai, Matter of Marin, Matter of Mendez-Moralez, and PM-602-0199, one reality becomes clear:

Evidence alone is not enough.

The evidence must be organized, contextualized, explained, and connected to the legal standards governing discretionary decision-making.

That is the purpose of an Attorney Equities Memorandum.

What Is an Attorney Equities Memorandum?

An Attorney Equities Memorandum is a legal brief submitted to USCIS explaining why favorable discretion should be exercised.

Think of it as a roadmap.

Without a roadmap, an officer may receive:

• hundreds of pages of records;
• dozens of affidavits;
• years of tax returns;
• medical evidence;
• employment records;
• educational achievements.

The officer sees documents.

The memorandum explains what those documents mean.

It answers the question:

Why should USCIS approve this case?

Why PM-602-0199 Makes These Memoranda More Important

Prior to PM-602-0199, many adjustment applications were submitted with little more than required forms and supporting documentation.

For straightforward cases, that often worked.

However, once USCIS began emphasizing discretionary review, many practitioners started asking a different question:

If officers are being instructed to think about discretion, should attorneys be making the discretionary argument affirmatively?

The answer is increasingly yes.

The strongest cases no longer assume the officer will identify favorable equities independently.

• They highlight them.
• They organize them.
• They explain them.
• They frame them within the governing legal standards.

The Officer Reviewing Your File Has Limited Time

One of the biggest mistakes applicants make is assuming that every page submitted receives equal attention.

In reality, USCIS officers manage significant caseloads.

They review:

• forms;
• exhibits;
• government databases;
• interview notes;
• prior filings;
• background checks.

The officer may be presented with hundreds or even thousands of pages of material.

The Attorney Equities Memorandum serves as an executive summary.

It tells the officer:

• What matters.
• Why it matters.
• Where to find it.
• How it relates to discretion.

This alone can dramatically improve the effectiveness of a filing.

What an Effective Equities Memorandum Looks Like

The strongest memoranda generally follow a consistent structure.

Section One: Introduction

The memorandum should begin with a concise explanation of the case.

For example:

This memorandum is submitted in support of Applicant’s Form I-485 and requests a favorable exercise of discretion under INA §245.

The introduction identifies:

• the applicant;
• the basis for adjustment;
• the procedural posture;
• the purpose of the memorandum.

The goal is clarity.

Section Two: Procedural History

Many immigration cases involve complex histories.

Examples include:

• prior visa classifications;
• prior adjustment filings;
• SEVIS complications;
• employment authorization issues;
• prior removal proceedings;
• waivers;
• travel history.

Rather than forcing the officer to reconstruct the timeline, the memorandum should provide a clear chronology.

A well-written timeline often eliminates confusion before it arises.

Section Three: Legal Framework

This section explains the governing legal standards.

Depending upon the case, attorneys may discuss:

• INA §245;
• the USCIS Policy Manual;
• Matter of Arai;
• Matter of Marin;
• Matter of Mendez-Moralez;
• relevant federal court decisions.

The goal is not to overwhelm the officer with legal citations.

The goal is to establish the framework through which favorable discretion should be evaluated.

The Most Important Section: Positive Equities

This is where many memoranda succeed or fail.

Too often attorneys merely list exhibits.

The better approach is to tell a story.

Each equity should be addressed separately.

Family Unity

Discuss:

• spouse;
• children;
• parents;
• caregiving responsibilities;
• dependency relationships.

Do not merely state that family members exist.

Explain the role the applicant plays within the family.

Employment and Economic Contributions

Discuss:

• employment history;
• professional achievements;
• tax compliance;
• business ownership;
• job creation.

Explain how the applicant contributes to the economy.

Education and Future Potential

Discuss:

• academic achievement;
• professional licensing;
• research;
• scholarships;
• future career plans.

This section can be particularly powerful for students, physicians, researchers, and highly skilled professionals.

Community Contributions

Discuss:

• volunteer work;
• nonprofit involvement;
• religious participation;
• civic engagement;
• leadership roles.

This evidence often demonstrates integration into American society.

Humanitarian Factors

Discuss:

• medical conditions;
• caregiving obligations;
• disabilities;
• mental health concerns;
• special-needs children;
• country-condition concerns.

These factors often carry significant weight.

Rehabilitation

Where adverse factors exist, rehabilitation should be addressed directly.

Avoiding the issue is usually a mistake.

Instead:

• acknowledge the problem;
• explain the circumstances;
• demonstrate growth;
• document rehabilitation.

This approach often enhances credibility.

Addressing Negative Factors

One of the most common mistakes in immigration advocacy is pretending adverse facts do not exist.

USCIS generally already knows.

Background checks.

Prior filings.

Government databases.

Interview questioning.

These often reveal issues regardless of whether they are discussed.

The better strategy is usually transparency.

Strong memoranda confront adverse factors directly.

Examples include:

• status violations;
• unlawful employment;
• prior overstays;
• arrests;
• convictions;
• prior immigration violations.

The discussion should then explain:

• context;
• mitigation;
• rehabilitation;
• positive equities outweighing negative factors.

This is the balancing framework reflected in decisions such as Matter of Marin and Matter of Mendez-Moralez.

The Psychology of Persuasion

The best memoranda do more than recite facts.

They help the officer understand the applicant as a person.

Consider the difference.

Weak Presentation

Applicant has two children.

Strong Presentation

Applicant serves as the primary caregiver for two U.S. citizen children, transports them to school and medical appointments, provides financial support, and manages daily childcare responsibilities while the U.S. citizen spouse works full-time.

The facts may be similar.

The impact is very different.

Persuasion often lies in context.

Why Affidavits Matter

One of the most underutilized tools in discretionary advocacy is the affidavit.

Documents prove events.

Affidavits explain meaning.

An affidavit may explain:

• family dependence;
• medical needs;
• educational goals;
• rehabilitation efforts;
• community involvement.

The strongest affidavits are detailed, specific, and credible.

They tell stories.

They provide examples.

They explain consequences.

Case Study: The Physician

Consider a physician seeking adjustment.

The basic filing proves eligibility.

An equities memorandum may additionally explain:

• physician shortages in the community;
• patients served;
• hospital support;
• research contributions;
• public-health impact.

The physician becomes more than a beneficiary.

The physician becomes an asset to the community.

Case Study: The F-1 Student

Consider an F-1 student who experienced a status violation.

A strong memorandum may discuss:

• academic achievements;
• scholarships;
• research contributions;
• volunteer work;
• future professional goals;
• rehabilitation of any compliance issues.

The narrative shifts from a technical violation to a broader story of contribution and future potential.

Case Study: The Parent of U.S. Citizen Children

The strongest memoranda often focus heavily on:

• caregiving;
• educational involvement;
• medical responsibilities;
• emotional dependency.

These cases frequently contain powerful family-unity equities.

The Most Common Mistakes

After reviewing thousands of immigration cases, several recurring mistakes appear.

Mistake #1: No Memorandum

The evidence is submitted without explanation.

 

Mistake #2: Generic Memorandum

The memorandum contains legal conclusions but little human detail.

 

Mistake #3: Ignoring Negative Factors

The memorandum fails to address known issues.

 

Mistake #4: Excessive Length Without Organization

More pages do not necessarily create a stronger case.

 

Mistake #5: No Narrative

The officer receives documents but never learns the applicant’s story.

Richard Herman’s Observation

If PM-602-0199 ultimately changes anything, it may not be approval rates.

It may be presentation quality.

For years, many adjustment filings focused almost entirely on eligibility.

The future may belong to applicants who understand something different:

Discretion is often about storytelling supported by evidence.

The strongest adjustment cases are not simply legally sufficient.

• They are persuasive.
• They explain who the applicant is.
• They explain why the applicant matters.
• They explain why approval serves family unity, humanitarian interests, economic stability, and the public good.
• The Attorney Equities Memorandum is where all of those themes come together.

It is often the document that transforms a collection of exhibits into a compelling case for favorable discretion.

Building Immigration Equities Packages for Real Cases

Strategic Guidance for Marriage Cases, F-1 Students, H-1B Professionals, Physicians, Entrepreneurs, Waiver Applicants, and Applicants with Adverse Factors

One of the biggest misconceptions about favorable discretion is the belief that every case should be presented the same way.

That is not how effective immigration advocacy works.

The strongest Immigration Equities Packages are customized.

A physician’s equities package should look very different from a college student’s.

An entrepreneur’s package should look different from a marriage-based applicant’s.

A waiver applicant’s package should look different from someone with a pristine immigration history.

The legal principles discussed in Part II remain the same.

The balancing framework described in Matter of Arai, Matter of Marin, and Matter of Mendez-Moralez still applies.

What changes is the evidence.

What changes is the story.

What changes is the emphasis.

This section examines how favorable discretion can be developed in several common adjustment-of-status scenarios.

 

Marriage-Based Adjustment Cases

Marriage-based cases may ultimately become some of the most scrutinized adjustment applications under the framework discussed in PM-602-0199.

Many applicants assume that proving a bona fide marriage is enough.

That may establish eligibility.

It does not necessarily maximize discretion.

 

What USCIS Is Looking For

Beyond proving the marriage itself, officers may evaluate:

• family stability;
• caregiving responsibilities;
• shared financial obligations;
• community integration;
• future plans;
• hardship implications.

 

Strong Marriage-Based Equities

Examples include:

Family Dependency

Evidence that one spouse relies heavily on the other emotionally, financially, medically, or practically.

Parenting Responsibilities

Evidence of involvement with:

• school activities;
• medical care;
• extracurricular programs;
• transportation.

Community Ties

Evidence that the couple has become integrated into the local community.

Long-Term Stability

Evidence of shared planning and commitment.

 

Common Mistake

Many couples submit hundreds of pages proving the marriage is real but almost nothing demonstrating why approval serves broader discretionary goals.

Those are different issues.

 

F-1 Students

F-1 students may be among the most overlooked beneficiaries of an Immigration Equities Package.

Many students mistakenly believe:

“I am young. I do not own a business. I do not have children. I have no equities.”

Often the opposite is true.

 

Strong Student Equities

Academic Achievement

• GPA
• scholarships
• awards
• dean’s list recognition

Research Contributions

• publications
• presentations
• patents
• laboratory work

Community Involvement

• tutoring
• mentoring
• volunteer activities

Future Contributions

One of the most persuasive arguments may be:

• What will this student contribute over the next 20 years?
• Future physicians.
• Future engineers.
• Future researchers.
• Future entrepreneurs.
• Future educators.

These are powerful equities.

 

Example

A Belarusian student pursuing higher education may possess strong discretionary factors including:

• academic excellence;
• community integration;
• family residing in the United States;
• future workforce contributions;
• humanitarian concerns involving conditions abroad.

A strong equities package should address all of them.

 

H-1B Professionals

H-1B professionals often possess equities that are surprisingly underdeveloped in adjustment filings.

Many applications focus exclusively on:

• employment authorization;
• labor certification;
• immigrant petition approval.

Yet these applicants frequently possess exceptional discretionary factors.

 

High-Value H-1B Equities

Specialized Skills

Evidence demonstrating unique expertise.

Economic Contributions

Evidence showing:

• taxes paid;
• projects completed;
• revenue generated;
• innovation created.

Community Involvement

Volunteer and charitable activities often strengthen the narrative.

Family Stability

Many H-1B workers have established deep roots in the United States.

What Officers May Find Persuasive

A software engineer who merely occupies a position is one thing.

A software engineer whose work supports critical infrastructure, creates jobs, mentors younger workers, and contributes to the local community presents a much stronger discretionary case.

 

Physicians and Healthcare Workers

Healthcare professionals may possess some of the strongest equities available in adjustment practice.

This is particularly true in underserved communities.

 

Evidence That Carries Significant Weight

Physician Shortage Data

Documentation demonstrating community need.

Employer Support Letters

Hospital systems can often provide compelling evidence.

Patient Impact Evidence

Without violating privacy rules, employers may document:

• services provided;
• populations served;
• specialty shortages.

Research Contributions

Academic physicians often possess additional equities through:

• publications;
• teaching;
• research activities.

 

Why These Cases Are Powerful

Healthcare workers frequently embody multiple positive factors simultaneously:

• public benefit;
• economic contribution;
• community service;
• humanitarian value.

Few categories offer a stronger discretionary narrative.

 

Entrepreneurs and Business Owners

Entrepreneurs often focus almost entirely on business records.

That is only part of the story.

The strongest cases explain broader impact.

 

Key Equities

Job Creation

How many workers depend on the business?

Economic Activity

What revenue is generated?

Community Impact

How does the business serve local residents?

Innovation

Has the business developed new products or services?

What Officers Should Understand

A successful entrepreneur is not merely seeking a green card.

The entrepreneur may support:

• employees;
• customers;
• vendors;
• local economic development.

That context matters.

 

Waiver Applicants

Applicants seeking waivers often have the greatest need for strong discretionary evidence.

Waiver law has always involved balancing favorable and adverse factors.

As a result, Immigration Equities Packages may be particularly important.

Strong Waiver Equities

• Family Hardship
• Rehabilitation
• Community Contributions
• Long-Term Residence
• Tax Compliance
• Stable Employment
• Caregiving Responsibilities

Strategic Observation

Many waiver applicants focus entirely on hardship.

That is understandable.

However, hardship is often only one component of a broader discretionary argument.

 

Applicants with Criminal History

Perhaps no category benefits more from proactive discretionary advocacy.

 

What USCIS Wants to Know

The central question is usually not:

Did something happen?

The agency often already knows the answer.

The more important question becomes:

What happened afterward?

 

Strong Rehabilitation Evidence

• Treatment Records
• Counseling Records
• Educational Achievement
• Employment Success
• Community Service
• Family Responsibilities
• Character References
• Psychological Evaluations

 

The Passage of Time Matters

A single incident fifteen years ago may be viewed differently than a recent incident.

Evidence demonstrating sustained rehabilitation often becomes critical.

 

Applicants with Immigration Violations

This category may become especially important under PM-602-0199.

Examples include:

• overstays;
• status violations;
• unauthorized employment;
• prior removal proceedings;
• compliance issues.

 

What Officers Often Evaluate

• Why Did the Violation Occur?
• Was It Intentional?
• What Has Happened Since?
• What Positive Equities Exist?
• Does the Record Demonstrate Responsibility?

 

Common Mistake

Many applicants attempt to minimize or ignore prior immigration issues.

That approach can undermine credibility.

A better strategy often involves:

• acknowledging the issue;
• providing context;
• documenting compliance efforts;
• emphasizing positive equities.

The Cases Most Likely to Benefit from an Equities Package

Although every adjustment case may benefit from additional discretionary evidence, certain categories stand out.

These include:

• Marriage-Based Applicants
• F-1 Students
• Physicians
• H-1B Professionals
• Entrepreneurs
• Applicants with Arrest Histories
• Applicants with Status Violations
• Waiver Applicants
• Applicants Responding to RFEs
• Applicants Responding to NOIDs
• Applicants with Complex Immigration Histories

 

What All Successful Cases Have in Common

Despite their differences, successful discretionary cases tend to share several characteristics.

They are:

• Organized
• Credible
• Well-Documented
• Honest About Adverse Factors
• Supported by Independent Evidence
• Focused on Positive Equities
• Most importantly, they tell a coherent story.

 

Richard Herman’s Prediction

One of the lasting effects of PM-602-0199 may be the emergence of what could be called “equities-based immigration advocacy.”

For years, many adjustment filings focused primarily on legal eligibility.

The next generation of successful filings may increasingly focus on something else:

demonstrating why approval advances family unity, economic prosperity, humanitarian values, and the public interest.

Applicants who begin building that record early may have a significant advantage.

Waiting until an interview, RFE, NOID, or denial often makes the process more difficult.

The best time to build positive equities is before USCIS asks for them.

In the next section, we will examine emerging trends, likely future developments, and Richard Herman’s predictions regarding discretionary adjudications, RFEs, NOIDs, litigation, AI-assisted review systems, and the future of adjustment of status under PM-602-0199.

The Future of Adjustment of Status

Richard Herman’s Predictions on PM-602-0199, Discretion, RFEs, NOIDs, AI Review, and the Next Generation of Immigration Advocacy

When USCIS issued Policy Memorandum PM-602-0199, much of the immediate discussion focused on one question:

Will more adjustment cases be denied?

That question is understandable.

But it may not be the most important one.

The more significant question may be:

How will adjustment practice evolve over the next several years?

Policy memoranda come and go.

Administrations change.

Litigation alters implementation.

Agency priorities shift.

Yet some developments leave lasting effects even when the original controversy fades.

PM-602-0199 may prove to be one of those developments.

Whether or not the memorandum ultimately results in significantly higher denial rates, it has already changed the conversation.

It has forced applicants, attorneys, employers, universities, and policymakers to focus on something that was often overlooked:

Favorable discretion matters.

The long-term consequences may be substantial.

 

Prediction #1:

Adjustment of Status Cases Will Become More Document-Intensive

Historically, many adjustment cases were filed with:

• required forms;
• civil documents;
• medical examinations;
• financial sponsorship evidence.

For straightforward cases, that was often sufficient.

The future may look different.

Increasingly, attorneys are likely to submit:

• discretionary memoranda;
• community evidence;
• rehabilitation evidence;
• hardship documentation;
• employment impact records;
• humanitarian evidence.

The distinction between a routine filing and a strategic filing may become more pronounced.

Applicants who proactively build strong discretionary records may place themselves in a stronger position than applicants who merely submit minimum documentation.

 

Prediction #2:

RFEs and NOIDs May Become More Sophisticated

One of the most likely consequences of PM-602-0199 is not necessarily more denials.

It may be more requests for information.

USCIS already possesses powerful tools to obtain additional evidence through:

• Requests for Evidence (RFEs);
• Notices of Intent to Deny (NOIDs);
• interviews;
• follow-up questioning.

As discretion receives greater emphasis, officers may seek more information regarding:

• family relationships;
• employment history;
• tax compliance;
• immigration history;
• rehabilitation;
• public-benefit factors.

Applicants should not be surprised if future RFEs increasingly focus on discretionary issues rather than purely technical eligibility questions.

 

Prediction #3:

Credibility Will Become Increasingly Important

One theme appears repeatedly throughout immigration law.

Credibility matters.

When officers evaluate discretion, they often examine whether the applicant’s story is:

• consistent;
• supported;
• documented;
• believable.

Even strong equities may lose value if credibility concerns arise.

This is one reason attorneys increasingly focus on ensuring consistency across:

• prior visa applications;
• adjustment filings;
• interviews;
• social media;
• supporting affidavits;
• government records.

The strongest cases are often those with the fewest inconsistencies.

 

Prediction #4:

AI and Technology Will Play a Larger Role

One of the most significant long-term developments in immigration adjudications may have little to do with PM-602-0199 itself.

It may involve technology.

USCIS, DHS, CBP, ICE, and other agencies already possess access to vast amounts of information.

At the same time, government agencies continue investing in:

• data analytics;
• fraud detection tools;
• digital review systems;
• automated case management technologies.

While AI does not make immigration decisions independently, technology increasingly assists officers in identifying:

• inconsistencies;
• anomalies;
• omissions;
• patterns;
• potential credibility concerns.

As discussed in our article on Can USCIS Use AI to Scrutinize Your Immigration Case?, applicants should assume that information submitted to the government may be reviewed more comprehensively than ever before.

This reality reinforces the importance of accuracy, consistency, and documentation.

Prediction #5:

Attorney Equities Memoranda Will Become More Common

For years, detailed legal memoranda were typically associated with:

• waivers;
• motions;
• appeals;
• complex removal cases.

That may change.

Increasingly, attorneys may begin treating adjustment filings more like discretionary advocacy packages.

The result could be a significant increase in:

• legal briefs;
• equities memoranda;
• exhibit indexes;
• discretionary submissions.

In many cases, the memorandum may become one of the most important documents in the file.

 

Prediction #6:

Litigation Will Continue

One of the most predictable consequences of major immigration policy changes is litigation.

PM-602-0199 is unlikely to be an exception.

Immigration lawyers, advocacy organizations, employers, universities, and affected applicants will continue scrutinizing how the policy is implemented.

Future litigation may involve:

• arbitrary decision-making;
• inconsistent adjudications;
• due process concerns;
• Administrative Procedure Act challenges;
• interpretation of discretionary authority.

Federal courts will likely continue shaping the boundaries of adjustment adjudications.

Prediction #7:

Family-Based Cases Will Receive Increased Attention

Family-based immigration remains one of the largest adjustment categories.

As discretion receives more attention, officers may increasingly focus on:

• bona fide relationships;
• caregiving responsibilities;
• dependency;
• family hardship;
• long-term stability.

Applicants should expect officers to look beyond basic eligibility documents.

The strength of the overall family narrative may become increasingly important.

 

Prediction #8:

Employment-Based Cases Will Need Better Storytelling

Employment-based applicants often possess extraordinary equities.

Unfortunately, those equities are not always presented effectively.

A physician may save lives.

A researcher may develop groundbreaking innovations.

An entrepreneur may create jobs.

An engineer may contribute to critical infrastructure.

Yet adjustment filings frequently reduce these individuals to forms and supporting exhibits.

The future may require more effective presentation of these contributions.

 

Prediction #9:

Humanitarian Evidence Will Carry Greater Weight

One lesson from decades of immigration practice is that humanitarian factors often resonate strongly with decision-makers.

Examples include:

• serious illness;
• disability;
• caregiving obligations;
• special-needs children;
• mental health concerns;
• humanitarian conditions abroad.

These factors have always mattered.

PM-602-0199 may encourage applicants and attorneys to document them more thoroughly.

 

Prediction #10:

The Strongest Cases Will Be Built Long Before Filing

Perhaps the most important prediction is also the simplest.

The best discretionary cases are rarely built overnight.

The strongest records are developed over time.

Applicants who consistently:

• pay taxes;
• volunteer;
• pursue education;
• maintain employment;
• support family members;
• contribute to their communities;

often accumulate positive equities naturally.

The challenge is documenting them effectively.

 

What PM-602-0199 May Ultimately Be Remembered For

Several years from now, immigration practitioners may look back on PM-602-0199 and conclude that its greatest impact was not a dramatic increase in denials.

Its greatest impact may have been changing how lawyers prepare cases.

For decades, many adjustment filings focused primarily on eligibility.

The memorandum forced practitioners to revisit a question that has existed since Congress enacted adjustment of status:

Why should favorable discretion be exercised?

That question is now driving a new generation of immigration advocacy.

 

The Rise of Equities-Based Immigration Advocacy

Increasingly, successful cases may depend upon an applicant’s ability to demonstrate:

• Family Unity
• Community Contribution
• Economic Value
• Humanitarian Need
• Rehabilitation
• Future Potential
• Public Benefit

These concepts have always existed.

The difference is that more people are paying attention to them now.

Richard Herman’s Final Observation

Every major immigration policy shift creates uncertainty.

PM-602-0199 is no exception.

Yet uncertainty often creates opportunity.

Applicants who understand the role of discretion have an opportunity to present stronger cases.

Attorneys who understand discretionary advocacy have an opportunity to provide greater value.

Employers, students, physicians, entrepreneurs, families, and humanitarian applicants all have an opportunity to build records that tell a compelling story.

The future of adjustment practice may not be defined by who qualifies.

It may increasingly be defined by who persuades.

That is why the Immigration Equities Package is likely to become one of the most important concepts in immigration law over the next decade.

 

Frequently Asked Questions About PM-602-0199, Adjustment of Status Discretion, and Immigration Equities Packages

The Ultimate FAQ Resource for Green Card Applicants in 2026

The following questions are based on inquiries immigration lawyers throughout the United States have received since USCIS issued Policy Memorandum PM-602-0199.

These questions are also the types of queries increasingly being asked in Google, ChatGPT, Gemini, Claude, Perplexity, and AI-powered search tools.

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General Questions About PM-602-0199

What is USCIS Memo PM-602-0199?

PM-602-0199 is a USCIS policy memorandum issued on May 21, 2026, emphasizing that adjustment of status under INA §245 is a discretionary benefit and not an entitlement. The memo instructs officers to evaluate whether applicants merit a favorable exercise of discretion in addition to meeting statutory eligibility requirements.

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Did PM-602-0199 change the law?

No.

USCIS cannot change federal immigration statutes through a policy memorandum.

Congress enacted adjustment of status through INA §245.

The memo does not change statutory eligibility requirements.

Instead, it focuses on how USCIS officers exercise discretionary authority during adjudications.

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Does PM-602-0199 make adjustment of status harder?

Possibly in some cases.

The memo may result in greater scrutiny of discretionary factors, stronger documentation requirements, additional RFEs, and more detailed interviews.

However, the memo does not eliminate adjustment of status or automatically make applicants ineligible.

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Is adjustment of status still available after PM-602-0199?

Yes.

Adjustment of status remains one of the primary pathways to lawful permanent residence in the United States.

Nothing in PM-602-0199 eliminates adjustment eligibility for qualifying applicants.

---

Did USCIS walk back PM-602-0199?

Many immigration lawyers believe USCIS later clarified aspects of the memorandum after significant criticism from attorneys, employers, universities, and advocacy organizations.

Although the legal principles remain in place, subsequent agency messaging appeared intended to reassure stakeholders that adjustment of status remains available and that individualized review remains required.

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Questions About Discretion

What does “favorable discretion” mean?

Favorable discretion means USCIS determines that an applicant deserves approval after considering all relevant circumstances, including positive and negative factors.

---

What is the difference between eligibility and discretion?

Eligibility asks:

Can you receive a green card?

Discretion asks:

Should USCIS approve your green card application?

Both issues matter.

---

Can USCIS deny an I-485 even if I am eligible?

Yes.

Adjustment of status has always been discretionary.

In certain circumstances, USCIS may deny an application despite statutory eligibility.

---

Does USCIS have unlimited discretion?

No.

USCIS must follow federal statutes, regulations, agency guidance, and constitutional principles.

Discretionary decisions cannot be arbitrary, discriminatory, or contrary to law.

---

What legal authority gives USCIS discretion?

The authority comes primarily from INA §245, which provides that USCIS “may” adjust status in its discretion.

---

What cases discuss favorable discretion?

Several important decisions include:

• Matter of Arai
• Matter of Marin
• Matter of Mendez-Moralez
• Patel v. Garland

These cases continue to influence discretionary analysis across immigration law.

---

Questions About Immigration Equities Packages

What is an Immigration Equities Package?

An Immigration Equities Package is a collection of documents and legal arguments designed to demonstrate why USCIS should exercise favorable discretion and approve an application.

---

Is an Immigration Equities Package required?

No.

USCIS generally does not require one.

However, many applicants may benefit from proactively presenting favorable discretionary evidence.

---

Who should consider preparing an Immigration Equities Package?

Particularly strong candidates include:

• marriage-based applicants;
• F-1 students;
• H-1B professionals;
• physicians;
• entrepreneurs;
• waiver applicants;
• applicants with prior immigration violations;
• applicants with arrest histories;
• applicants responding to RFEs or NOIDs.

---

When should I start building an Immigration Equities Package?

Ideally before filing.

The strongest discretionary cases are built over time rather than assembled after problems arise.

---

Can I submit an equities package after filing?

Yes.

Depending on the circumstances, evidence may be submitted:

• with the initial filing;
• at the interview;
• in response to an RFE;
• in response to a NOID;
• during litigation.

Early preparation is usually preferable.

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Questions About Positive Equities

What are positive equities in immigration law?

Positive equities are favorable factors supporting approval.

Examples include:

• family ties;
• employment history;
• tax compliance;
• education;
• volunteer work;
• rehabilitation;
• humanitarian concerns.

---

What is the strongest positive equity?

There is no universal answer.

The most persuasive equity depends on the case.

Commonly powerful factors include:

• U.S. citizen children;
• caregiving responsibilities;
• long-term residence;
• significant community service;
• military service;
• extraordinary professional contributions.

---

Do tax returns help an I-485 case?

Often yes.

Tax compliance may demonstrate responsibility, honesty, and economic contribution.

---

Does volunteer work help?

Yes.

Community service frequently serves as evidence of integration, character, and commitment to society.

---

Can letters of support help?

Absolutely.

Detailed, credible letters often provide context that official documents cannot.

The best letters contain specific examples rather than generic praise.

---

Questions About Family-Based Cases

Will marriage-based green card cases face more scrutiny?

Possibly.

Marriage-based cases remain eligible for adjustment, but officers may pay greater attention to discretionary considerations and credibility issues.

---

Can family hardship help an adjustment case?

Yes.

Hardship may be a significant positive equity, particularly when supported by documentation.

---

Do U.S. citizen children help an I-485 application?

Often yes.

Family unity has long been considered a favorable factor in immigration adjudications.

---

Should I document caregiving responsibilities?

Absolutely.

Caregiving evidence can be among the strongest discretionary factors available.

---

Questions About Students and Employment-Based Applicants

Can F-1 students benefit from an Immigration Equities Package?

Yes.

Students often possess strong equities involving education, research, leadership, volunteer service, and future contributions.

---

Can H-1B workers benefit from an equities package?

Yes.

Many H-1B professionals have significant economic, professional, and community contributions that strengthen discretionary arguments.

---

Do physicians have strong discretionary factors?

Often yes.

Healthcare providers frequently demonstrate:

• public benefit;
• community service;
• workforce contributions;
• humanitarian impact.

---

Can entrepreneurs use an Immigration Equities Package?

Absolutely.

Job creation, innovation, economic activity, and community involvement may all serve as positive equities.

---

Questions About Criminal History and Immigration Violations

Can an applicant with an arrest record still build a strong discretionary case?

Yes.

Many successful cases involve evidence of rehabilitation, character development, and positive contributions after the incident.

---

Does rehabilitation matter?

Very much.

In many cases, rehabilitation becomes one of the most important factors in the discretionary analysis.

---

Can prior immigration violations be overcome?

Sometimes.

The significance depends on:

• the violation;
• the circumstances;
• the passage of time;
• the existence of positive equities.

---

Should I disclose negative information?

Generally yes.

Attempting to conceal information often creates greater problems than addressing it honestly and proactively.

---

Questions About RFEs and NOIDs

Will PM-602-0199 result in more RFEs?

Possibly.

Many practitioners expect USCIS to seek additional discretionary evidence in some cases.

---

What should I do if I receive an RFE?

Take it seriously.

Consult experienced counsel and provide organized, well-documented responses.

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What should I do if I receive a NOID?

Act immediately.

NOIDs often involve significant concerns that require careful legal and factual responses.

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Questions About the Future

Will USCIS deny more I-485 applications?

No one knows.

The long-term impact of PM-602-0199 remains uncertain.

However, stronger documentation and proactive case preparation are likely to become increasingly important.

---

Will AI affect immigration adjudications?

Government agencies continue expanding the use of technology, analytics, and digital review systems.

Applicants should assume that consistency and credibility matter more than ever.

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What is the best way to strengthen an adjustment case today?

Three things:

1. Prove eligibility.
2. Build positive equities.
3. Present a persuasive, well-documented narrative.

Applicants who do all three are often in the strongest position.

 

 

Final Thoughts: The Future Belongs to the Best-Prepared Applicants

The biggest lesson of PM-602-0199 is not fear.

It is preparation.

For years, many applicants viewed adjustment of status primarily as a paperwork process.

Increasingly, it may become a process that combines:

• eligibility;
• documentation;
• credibility;
• storytelling;
• discretionary advocacy.

The applicants who understand this shift early will often be best positioned for success.

 

 

Resource Center

PM-602-0199, Adjustment of Status Discretion, Immigration Equities Packages, RFEs, NOIDs, Waivers, and Green Card Strategy

USCIS and Government Resources

• USCIS Policy Memorandum PM-602-0199: Adjustment of Status and Discretion
• USCIS Policy Manual, Volume 7: Adjustment of Status
• USCIS Adjustment of Status Overview
• USCIS Form I-485
• INA §245: Adjustment of Status
• INA §212: Grounds of Inadmissibility

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Key Case Law on Immigration Discretion

• Matter of Arai, 13 I&N Dec. 494 (BIA 1970)
• Matter of Marin, 16 I&N Dec. 581 (BIA 1978)
• Matter of Mendez-Moralez, 21 I&N Dec. 296 (BIA 1996)
• Patel v. Garland, 596 U.S. 328 (2022)

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Herman Legal Group Resources on PM-602-0199 and I-485 Discretion

• Did USCIS Walk Back the I-485 Memo? Latest Updates
• Will USCIS Deny My I-485 Under the New 2026 Memo?
• Can USCIS Force Consular Processing? Risks Under the New Memo
• What Happens If Your Adjustment of Status Is Denied?
• USCIS I-485: What Immigrants Must Prove Under the New Memo
• USCIS AI I-485 2026: Transforming Immigration Applications
• H-1B I-485 2026: Should You Still File Adjustment of Status?
• Should H-1B Holders Avoid Filing I-485 Right Now?

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Herman Legal Group Green Card and Adjustment Resources

• Employment-Based Immigration
• Marriage Green Card 2026 Mega-Guide
• Adjusting Status Through Marriage from F-1, H-1B, or B-2
• Who Can File for a Marriage-Based Green Card?
• Top Firms for Marriage Green Card Lawyer Services

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Herman Legal Group RFE, NOID, and Denial Resources

• How Can I Overcome an RFE or NOID?
• What to Do If You Have Received an RFE or NOID
• What If I Get an RFE or NOID With My I-485?
• How to Win a Spousal I-130 or I-751 After RFE or NOID

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Herman Legal Group Waiver and Consular Processing Resources

• Immigration Waivers
• How to Win Your I-601 or I-601A Waiver Application
• The I-601A Provisional Waiver of Unlawful Presence
• Can You Travel Outside the U.S. While an I-601A Waiver Is Pending or Approved?

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Herman Legal Group Removal Defense and Litigation Resources

• Legal Assistance for Deportation Defense
• Deportation Defense Lawyers in Cleveland, Ohio
• Cleveland Immigration Court 2026 Survival Guide
• Immigration Bond in Ohio: What to Do in the First 72 Hours After an ICE Arrest
• I’m in Removal Proceedings: Can I Stay in the U.S.?
• Green Card Holder Facing Deportation in Cleveland, Ohio

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Herman Legal Group Security Vetting, Delays, and Policy Resources

• Rhode Island Court Strikes Down USCIS Benefits Freeze
• Frozen Files: USCIS PM-602-0192 Freeze Halts Cases
• USCIS Vetting Center, High-Risk Countries, and Social Media Screening
• USCIS Security Vetting Rules
• The 18-Month USCIS Work Permit Explained

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Herman Legal Group Firm and Consultation Resources

• Meet Immigration Lawyer Richard Herman
• About Herman Legal Group
• Book a Consultation with Herman Legal Group
• Cleveland Immigration Lawyers

 

Key Takeaway

PM-602-0199 did not eliminate adjustment of status.

But it did make one point impossible to ignore:

Applicants should be prepared to show not only that they are eligible for a green card, but also that they deserve a favorable exercise of discretion.

That means the strongest cases may increasingly depend on:

• thoughtful preparation;
• credible documentation;
• positive equities;
• family hardship evidence;
• economic contribution evidence;
• rehabilitation evidence;
• community involvement;
• persuasive legal advocacy.

An Immigration Equities Package is not just a checklist.

It is a strategic record designed to show USCIS why approval is justified, humane, lawful, and in the public interest.

 

 

 

Need Help Building a Winning Immigration Equities Package?

USCIS officers do not simply review forms.

They review people.

They review families.

They review careers.

They review life stories.

The challenge is ensuring that your story is presented clearly, persuasively, and strategically.

Whether you are:

• applying for a marriage-based green card;
• adjusting through employment;
• pursuing a green card as an F-1 student;
• responding to an RFE or NOID;
• overcoming prior immigration violations;
• addressing criminal history concerns;
• seeking a waiver;
• navigating heightened scrutiny under PM-602-0199;

the way your case is documented may significantly affect the outcome.

At Herman Legal Group, we help clients build comprehensive Immigration Equities Packages, develop persuasive Attorney Equities Memoranda, prepare for interviews, respond to RFEs and NOIDs, and present the strongest possible case for favorable discretion.

Our team closely monitors:

• USCIS policy developments;
• adjustment of status adjudication trends;
• federal court decisions;
• discretionary review standards;
• evolving interpretations of PM-602-0199.

If you want a strategic assessment of your case and guidance on building a compelling record for favorable discretion, schedule a consultation with Richard Herman or an experienced Herman Legal Group attorney.

Call 1-800-808-4013

Or schedule your consultation online today.

The strongest adjustment cases rarely happen by accident.

They are built deliberately, documented carefully, and presented strategically.

 

About Richard T. Herman, Esq.

Richard T. Herman is a nationally recognized immigration attorney, author, speaker, policy advocate, and founder of Herman Legal Group, the Law Firm for Immigrants. For more than 30 years, he has represented immigrants, families, entrepreneurs, investors, multinational employers, physicians, engineers, students, artists, athletes, and professionals navigating the complexities of U.S. immigration law.

Richard is widely recognized for his work in immigration law, immigrant entrepreneurship, economic development, federal court litigation, and immigration policy. He has built a national reputation for helping clients solve complex immigration challenges while serving as a leading voice on how immigration strengthens America’s economy, workforce, innovation ecosystem, and communities.

National Recognition & Professional Credentials

Richard has earned recognition from some of the legal profession’s most respected organizations, including:

• Super Lawyers
• Best Lawyers in America
• AV-Rated by Martindale-Hubbell
• Avvo 10.0 Superb Rating
• Lead Counsel Rated Attorney

Learn more:

• Attorney Bio: https://www.lawfirm4immigrants.com/attorneys/richard-herman/
• Super Lawyers Profile: https://profiles.superlawyers.com/ohio/cleveland/lawyer/richard-t-herman/065eda8c-5fc8-4626-9c52-0910c8cd7bdd.html
• Super Lawyers Feature, A Lawyer Without Borders: https://digital.superlawyers.com/superlawyers/ohslrs06/MobilePagedReplica.action?pm=2&folio=20
• Avvo Profile: https://www.avvo.com/attorneys/44113-oh-richard-herman-602006.html

Featured National Media

Richard’s immigration law analysis and economic development work have been featured by The New York Times, The Washington Post, NPR, WBUR, CBS News, Forbes, Business Insider, USA Today, and numerous other national and international media organizations.

Selected appearances include:

• The New York Times (2025) – As Trump Squeezes the Immigrant Work Force, Employers Seek Relief
  https://www.nytimes.com/2025/07/09/us/international-students-visa-social-media.html
• The Washington Post (2025) – International Students Scrub Social Media
  https://www.washingtonpost.com/world/2025/07/09/international-students-visas-trump-social-media-online-vetting/
• NPR (2026) – Interview discussing Trump Administration green card policy changes
  https://www.npr.org/2026/05/26/nx-s1-5835290/immigration-lawyers-report-chaos-over-trumps-new-green-card-rules
• WBUR / Here & Now (2025) – National interview regarding immigration policy and international students
  https://www.wbur.org/hereandnow/2025/07/14/immigration-international-students
• CBS News (2025) – Analysis of the proposed Gold Card immigration initiative
  https://www.cbsnews.com/news/trump-gold-card-5-million-website/
• Business Insider (2025) – Immigration analysis regarding employment-based immigration and green card sponsorships
  https://www.businessinsider.com/amazon-reopens-green-card-applications-for-foreign-workers-2025-1
• Forbes – Featured in The Immigrant Connection discussing immigrant entrepreneurship and economic growth
  https://www.forbes.com/forbes/2011/0620/entrepreneurs-immigration-immigrant-connection.html

Author of Immigrant, Inc.

Richard is co-author of the acclaimed book:

Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker)

The book helped shape national discussions about immigrant entrepreneurship, innovation, workforce development, economic growth, and urban revitalization. Its themes have been cited in academic scholarship, economic development research, public policy discussions, and U.S. Supreme Court amicus briefs.

Learn more:

• Amazon: https://www.amazon.com/Immigrant-Inc-Entrepreneurs-Driving-American/dp/0470455713
• HLG Book Page: https://www.lawfirm4immigrants.com/book-on-immigrants/
• Book Promo Video: http://www.youtube.com/watch?v=M9APKoGSmok

Academic, Policy & Legal Recognition

Richard’s work has been cited and discussed in academic journals, economic development research, public policy publications, and U.S. Supreme Court filings.

Selected references:

• Economic Development Quarterly Review of Immigrant, Inc.:
  https://journals.sagepub.com/doi/10.1177/0891242410377643
• U.S. Supreme Court Amicus Brief:
  https://www.nilc.org/wp-content/uploads/2016/03/US-v-TX-amicus-faith-2016-03-08.pdf
• U.S. Supreme Court Business Leaders Amicus Brief:
  https://www.scotusblog.com/wp-content/uploads/2016/03/303227926-BRIEF-OF-AMICI-CURIAE-MEMBERS-OF-THE-BUSINESS-COMMUNITY-IN-SUPPORT-OF-PETITIONERS.pdf

Civic Leadership, Nonprofit Service & Economic Development

Richard is widely regarded as a pioneer of immigration-based economic development in America’s Rust Belt. His work has focused on helping communities attract talent, support entrepreneurs, revitalize neighborhoods, strengthen local economies, and create American jobs.

Throughout his career, Richard has served in leadership, advisory, and board roles for organizations dedicated to immigrant integration, economic development, access to justice, entrepreneurship, international engagement, and civic advancement.

His leadership includes:

• Co-founder of Global Cleveland
• Founding advisor to Global Detroit
• Co-founder of TiE Ohio
• Former Civil Rights Director of LULAC Ohio
• Former Trustee of the Legal Aid Society of Cleveland
• Former Trustee of the Cuyahoga County Bar Association
• Board and advisory involvement with nonprofit, economic development, and international affairs organizations throughout Ohio and the Midwest

Learn more:

• Global Cleveland:
  https://case.edu/ech/articles/g/global-cleveland
• Global Detroit:
  https://globaldetroitmi.org/
• Legal Aid Society of Cleveland:
  https://www.lasclev.org/
• Cleveland Council on World Affairs:
  https://www.ccwa.org/

Speaker, Educator & Thought Leader

Richard has delivered keynote presentations, university lectures, economic development forums, chamber of commerce programs, and policy discussions throughout the United States.

Most notably, Richard was selected by former New York City Mayor Michael Bloomberg’s Partnership for a New American Economy (PNAE) to speak at chambers of commerce, economic development organizations, and business forums nationwide regarding the economic benefits of immigration. Through these engagements, he helped educate civic and business leaders on how welcoming immigrants can strengthen local economies, create American jobs, attract investment, address workforce shortages, and improve regional competitiveness.

Selected speaking resources:

• Akron Roundtable:
  https://www.akronroundtable.org/speakers/richard-t-herman/1969/
• Greater Oklahoma City Chamber:
  https://www.okcchamber.com/news/2015/03/30/okc-friday/immigration-reform-could-help-fill-job-openings/
• Global Cleveland:
  https://case.edu/ech/articles/g/global-cleveland

Publications & Commentary

Richard has written extensively on immigration law, immigrant entrepreneurship, economic development, workforce strategy, public policy, and global competitiveness.

Selected publications:

• Governing Author Page:
  https://www.governing.com/authors/Richard-T-Herman.html
• HuffPost Author Page:
  https://www.huffpost.com/author/richard-herman
• Time to Think Like an Immigrant:
  https://www.huffpost.com/entry/time-to-think-like-an-immigrant_b_711902
• If Immigration Is a Game, Let’s Play to Win:
  https://www.huffpost.com/entry/if-immigration-is-a-game_b_1843639

Connect With Richard Herman

• Attorney Bio:
  https://www.lawfirm4immigrants.com/attorneys/richard-herman/
• Media Resource Center:
  https://www.lawfirm4immigrants.com/looking-for-a-media-interview-expert-on-immigration/
• Immigration Articles:
  https://www.lawfirm4immigrants.com/immigration-articles/
• LinkedIn:
  https://www.linkedin.com/in/richardhermanimmigrationlaw/
• X / Twitter:
  https://x.com/immigrantinc
• YouTube:
  https://www.youtube.com/@hermanlegalgroupthelawfirm8344/featured

Need Immigration Help?

Schedule a consultation with Richard Herman or another Herman Legal Group attorney:

https://www.lawfirm4immigrants.com/book-consultation/

Or call:

1-800-808-4013

Herman Legal Group serves clients nationwide and around the world in family immigration, employment immigration, investor visas, citizenship and naturalization, removal defense, federal court litigation, waivers, asylum, humanitarian relief, and complex immigration matters.

 

 

Top Rated Immigration Attorneys for Marriage-Based Visa Cases: 2026 Guide to Finding the Best Legal Representation

Introduction

The top rated immigration attorneys for a marriage-based visa case are lawyers who regularly handle I-130 petitions, I-485 adjustment of status filings, consular processing, bona fide marriage evidence, and USCIS marriage interview preparation. For many couples, strong legal counsel can reduce the risk of application denials, avoid preventable delays, and create a clearer legal strategy for the entire process.

This guide explains how to identify, evaluate, and select specialized marriage visa attorneys rather than choosing a general immigration attorney who only occasionally handles family based immigration cases. It is written for couples pursuing a K-1 fiancé visa, spousal immigrant visa, marriage based green card, or adjustment of status after marriage in the United States. Immigration law is governed at the federal level in the United States, but local knowledge of USCIS procedures and immigration offices can still benefit immigration case handling.

If you are searching for “top rated immigration attorneys for a marriage-based visa case near me,” strong options to research include Herman Legal Group, Margaret W. Wong & Associates, and Sarmiento Immigration Law Firm, especially for couples who want proven experience with complex marriage visa cases. For international or high-complexity matters, Fragomen Del Rey Bernsen & Loewy, Solomon Immigration Law, and Wolfsdorf Rosenthal may also be appropriate depending on budget, location, and case facts.

You will learn how to:

• Evaluate immigration lawyers based on marriage visa specialization, not only general ratings.
• Compare legal services for I-130, I-485, K-1, and consular processing cases.
• Identify red flags such as guaranteed approval promises or unclear attorney fees.
• Match your immigration needs to a firm’s strengths, including complex immigration issues.
• Prepare for an initial consultation with questions that reveal whether the attorney is the right fit.

Understanding What Makes an Immigration Attorney “Top Rated” for Marriage Visas

A “top rated” immigration attorney for marriage visas is not simply a lawyer with many online reviews. The strongest attorneys combine valid authority to practice law, clean state bar standing, immigration law experience, peer recognition, client reviews, and repeated success in marriage based immigration matters. Verifying an attorney’s membership in a state bar and AILA is crucial for selecting a lawyer because it helps confirm professional standing and commitment to current immigration practice.

Marriage visa work differs from general immigration services because USCIS scrutinizes marriage-based green card applications heavily. USCIS officers are trained to detect marriage fraud indicators, and inconsistent testimony can result in marriage green card denials. Couples must prove a bona fide marriage for green card approval, and USCIS requires evidence of a bona fide marriage for approval, including supporting documentation that shows a real shared life rather than a relationship created for immigration benefits.

Specialized Marriage Visa Credentials

A strong marriage visa attorney should have a clear record in family immigration, family based immigration, and marriage based green card cases. Board certifications in immigration law can be valuable where available, but they are not the only marker of quality. State bar standing, AILA membership, and continuing education in family-based immigration are also important indicators.

Specialized immigration attorneys focus on marriage-based green cards and fiancé visas, including the I-130 petition, adjustment of status, consular processing, and interview preparation. The I-130 form is used to petition for family members, and the I-130 petition is required for marriage-based green cards. Family-based immigration allows U.S. citizens to petition for relatives, and immediate relatives include spouses and unmarried children under 21.

Published expertise also matters. Firms that publish current guidance on bona fide marriage evidence, marriage fraud defense, K-1 visa transitions, and changing USCIS policies often demonstrate deeper engagement with the subject. Herman Legal Group, for example, is known for detailed marriage-based adjustment of status resources, including discussion of prior immigration status, student visa entry, timing of marriage, and evidence issues.

Client Success Metrics

Useful success metrics include marriage visa approval rates, case resolution timeframes, RFE response success, and marriage interview preparation. Adjustment of Status takes approximately 10-24 months, while Consular Processing can take 12-24 months or longer. No attorney can control USCIS or embassy timing, but experienced legal counsel can help avoid errors that slow the application process.

Client-reported outcomes can be useful when reviewed carefully. Margaret W. Wong & Associates has been reported at about 4.67 out of 5 across roughly 400 reviews on Experience.com, with some marriage green card clients reporting approval in 4 months. Sarmiento Immigration Law Firm has more than 600 Birdeye reviews and multiple testimonials involving marriage green card approvals, interview preparation, and document support.

Complex case handling is another key measure. The best immigration lawyers know how to address criminal history, a criminal record, prior denials, overstays, removal proceedings, deportation defense concerns, domestic violence issues, inadmissibility waivers, and post conviction relief when relevant. USCIS interviews test marriage intent and admissibility, and a good lawyer will be able to spot the issues early and prepare.

I-601 and I-601A waivers address inadmissibility issues. Appeals of denied I-130 petitions can be filed within thirty days of a denial.

Minor errors can lead to immigration application denials, so the practical value of an attorney is often measured by how well the attorney prevents avoidable mistakes before filing.

How to Evaluate and Research Marriage Visa Attorneys

Once you understand the credentials that matter, the next step is a structured research process. Do not choose a lawyer only because the office is nearby or because the website says “best immigration attorney.” A top rated immigration lawyer for your case should understand your immigration status, your relationship history, your marriage certificate, your immigration goals, and whether adjustment of status or consular processing is the better path.

Legal representation is crucial for navigating complex immigration processes. Hiring a lawyer reduces risks of application denials and delays, especially when family members, foreign documents, prior visas, or immigration agencies are involved. Consulting attorneys can provide guidance on consular processing versus adjustment of status, which is one of the most important early decisions in a marriage based immigration case.

Research Methods and Resources

Start with official verification. Check the attorney through the relevant state bar directory and look for disciplinary records. Then review AILA membership, because AILA participation can signal active engagement with immigration law updates.

Next, compare third-party sources. Super Lawyers, Martindale-Hubbell, AVVO, TrustAnalytica, and other directories can help you evaluate peer recognition, professional achievement, and client sentiment. Read reviews for substance, not just star ratings. Look for mentions of I-130 petitions, I-485 filings, family visa cases, immigrant visa interviews, marriage interview preparation, and permanent residency outcomes.

Finally, read the attorney’s own published work. Strong law firms often explain eligibility criteria, the green card application process, supporting documentation, and how uscis officers assess a bona fide marriage. Be cautious with immigration consultants or unlicensed consultants who cannot provide legal advice, represent clients before immigration courts, or handle federal court issues when a case becomes more serious.

Initial Consultation Evaluation

The initial consultation should feel specific, organized, and case-focused. The attorney should ask about the immigration status of the foreign spouse, how and when the couple met, whether the couple lives together, prior entries into the United States, prior visa history, criminal history, prior immigration issues, and whether any family members such as unmarried children are also involved.

Ask direct questions:

1. How many marriage based green card cases have you handled in the last 2-3 years?
2. Do you regularly file I-130 and I-485 cases?
3. Do you handle K-1 fiancé visa cases, and do you help clients after marriage with adjustment of status?
4. What evidence do you request to prove a bona fide marriage?
5. Do you prepare clients through mock interviews before the marriage interview?
6. What are your legal fees, what government fees are separate, and what services are included?

Transparent fee structures help clients understand what services are included in legal fees. The attorney should explain whether document review, USCIS forms, attorney cover letters, RFE responses, interview preparation, and attendance at interviews are included or billed separately.

Verification of Marriage Visa Specialization

A marriage visa specialist should be able to explain the difference between a fiancé visa, family based visa, spousal immigrant visa, and adjustment of status without vague answers. Fiancé(e) visas are for engaged couples of U.S. citizens, and K-1 visa applicants must marry within 90 days of entry. Approximately two-thirds of all fiancé K-1 visas are approved, which means a substantial share still face denial or delay.

Verify that the attorney has regular experience with I-130 and I-485 filings. Specialized attorneys handle marriage-based immigration cases effectively because they understand how USCIS reviews shared finances, cohabitation, photos, travel records, affidavits, and other proof. Attorneys should provide personalized support for preparing bona fide marriage evidence rather than using a generic checklist for every couple.

Also ask whether the attorney monitors current USCIS policies, consular processing changes, and visa issuance trends. This matters for overseas spouses, embassy backlogs, foreign-language documents, and cases where the United States begins evaluating eligibility through a consular post rather than a domestic USCIS field office.

Top Rated Marriage Visa Attorneys by Region and Specialization

The following examples are not the only qualified immigration lawyers available, but they represent useful categories for couples comparing legal help. The right choice depends on your location, budget, complexity, and whether your immigration case involves adjustment of status, consular processing, a K-1 fiancé visa, prior violations, or a possible waiver.

For family immigration attorneys, experience of at least 10–15 years is important, especially in cases with prior immigration status problems, criminal history, or complicated documentation. Some couples need a local attorney familiar with nearby immigration offices; others need national legal services from a firm that can manage a complex process across multiple jurisdictions.

National Practice Leaders

For couples who want immigration services available beyond one local city, national or multi-office law firms may be a better fit.

• Herman Legal Group: Cleveland-based with multiple offices, virtual consultations, and national reach. The firm was founded in 1995 by Richard Herman and is known for family immigration, marriage based green card filings, I-485 adjustment of status guidance, deportation defense, and multilingual support. Herman Legal Group’s published marriage visa resources are especially useful for couples concerned about prior visa entries, student visa issues, intent at entry, and USCIS interview preparation.
• Margaret W. Wong & Associates: Established in 1977, this Ohio-rooted firm has multiple offices and significant experience in immigration matters. Margaret W. Wong & Associates reports having represented over 25,000 clients globally, and public reviews include marriage green card cases, including one reported approval in 4 months. The firm is often a strong fit for couples who want a large immigration law practice with family based immigration experience.
• Fragomen Del Rey Bernsen & Loewy: Fragomen is one of the largest global immigration law firms and is often strongest for cases with international, consular, or cross-border complexity. Although the firm is widely known for employment based immigration, intra company transfers, and global mobility, its consular processing infrastructure can help with immigrant visa cases involving overseas spouses and embassy coordination.
• Wolfsdorf Rosenthal: Wolfsdorf Rosenthal, also known as WR Immigration, is a high-profile immigration firm with national and global capabilities. It may be appropriate for premium clients, high-visibility cases, or complex family based immigration cases involving layered documentation, data tracking, and strategic case management.

Regional Specialists

Region	Attorney or Firm	Specialization Focus	Key Credentials or Fit
Ohio / Midwest	Herman Legal Group	Marriage based green card, adjustment of status, family based immigration	Founded in 1995; detailed published I-485 and marriage visa guidance; virtual legal services
Ohio / Multi-office	Margaret W. Wong & Associates	Family immigration, permanent residence, green card cases	Since 1977; strong client volume; approximately 4.67/5 across about 400 Experience.com reviews
Ohio / Southeast reach	Sarmiento Immigration Law Firm	Marriage green card cases, interview preparation, documentation	Led by JP Sarmiento; more than 600 Birdeye reviews; praised for responsiveness
Northeast	Klasko Immigration Law Partners	Consular processing and sophisticated immigration case strategy	Philadelphia-based; useful for complex immigrant visa and cross-border issues
Midwest	Brown Immigration Law	Local family visa and immigration office knowledge	Cleveland presence with national capabilities
West / National	Greenberg Traurig LLP	Complex admissibility waivers and federal immigration issues	Large platform for complex cases, including criminal admissibility and litigation-adjacent matters
Global / Major markets	Fragomen Del Rey Bernsen & Loewy	Consular processing, embassy coordination, global immigration	Strong fit for overseas spouse petitions and international documentation
California / National	Wolfsdorf Rosenthal	High-profile and premium immigration matters	Data-oriented case systems and broad immigration law resources

Sarmiento Immigration Law Firm is especially relevant for couples seeking personal attention and strong communication in marriage visa cases. Client testimonials describe help with documentation, interview preparation, and permanent resident visa approvals. For routine marriage based cases, a responsive regional specialist can sometimes be a better fit than a larger firm.

Specialized Practice Areas

Some couples need more than a standard I-130 and I-485 package. Same-sex marriage visa cases require attorneys who understand current federal recognition rules, country-specific documentation barriers, and family based immigration evidence when a couple could not safely live together abroad.

Other couples need criminal admissibility waiver expertise. If the foreign spouse has a criminal record, prior immigration violations, unlawful presence, or prior removal proceedings, the attorney must understand waivers, post conviction relief options, immigration courts, and how immigration agencies may interpret the record.

For overseas spouses, consular processing specialists are important. They understand embassy procedures, document translations, visa issuance, interview preparation, and how to respond when a consulate requests more evidence. Approximately two-thirds of all fiancé K-1 visas are approved, but K-1 cases and spousal immigrant visa cases still require careful preparation because approval depends on eligibility, documentation, and officer review.

A practical way to choose is to match your facts to the attorney’s strength: routine marriage based green card case, choose a responsive family immigration specialist; overseas spouse, choose consular processing experience; criminal history, choose waiver and admissibility expertise; prior denial, choose a lawyer who regularly handles RFEs, denials, and complex immigration issues.

Common Challenges in Selecting Marriage Visa Attorneys

Couples often make selection mistakes because the immigration system feels urgent and confusing. The wrong representative can create delays, increase costs, or weaken a case that could have been filed correctly from the beginning.

Marriage visa cases involve forms, evidence, legal eligibility, interview credibility, and government discretion. A marriage certificate alone is not enough. Couples must prove a bona fide marriage, meet eligibility criteria, and prepare for questions from an immigration officer.

Choosing General Immigration Lawyers Over Marriage Specialists

A general immigration attorney may handle many categories, including employment based immigration, asylum, deportation defense, naturalization, and family immigration. That broad background can be useful, but marriage visa cases require specific experience with I-130 petitions, I-485 adjustment of status, consular processing, K-1 transitions, bona fide marriage evidence, and marriage interview preparation.

The solution is simple: verify regular marriage visa work. Ask whether the attorney handles family based immigration cases every month, how the attorney prepares clients for uscis officers, and what supporting documentation the attorney recommends for your specific relationship. Specialized immigration attorneys focus on marriage-based green cards and fiancé visas, which makes them better suited to spot credibility issues early.

Falling for Unrealistic Guarantees or Timeline Promises

No attorney can guarantee a green card, permanent resident card, lawful permanent residency, or visa issuance. USCIS and consular officers make the final decision, and each immigration case depends on facts, records, evidence, and government processing times.

Be cautious of promises such as “approval guaranteed” or “green card in 30 days.” Adjustment of Status takes approximately 10-24 months, and Consular Processing can take 12-24 months or longer. Approximately two-thirds of K-1 fiancé visas are approved, but that statistic does not mean any individual case is automatic.

Choose attorneys who explain uncertainty, prepare for RFEs, and build alternative strategies. Strong legal guidance includes honest risk analysis, not sales pressure.

Inadequate Fee Structure Understanding

Many couples misunderstand the difference between attorney fees and government filing fees. Legal fees pay for legal services such as case strategy, form preparation, evidence review, cover letters, communication, and interview preparation. Government fees are paid separately to USCIS, the Department of State, or other agencies when legally required.

Transparent fee structures help clients understand what services are included in legal fees. Before signing, ask whether the fee includes RFE responses, rescheduling help, consular document review, mock interview preparation, and communication with immigration agencies. If the agreement is vague, request clarification in writing.

Geographic Limitations vs. National Practice Needs

Many people search for an attorney “near me,” and local knowledge of USCIS procedures can benefit immigration case handling. A lawyer familiar with a local USCIS field office may understand scheduling patterns, interview practices, and common evidence expectations.

However, geographic proximity should not outweigh specialization. If your case involves a spouse abroad, criminal history, prior denial, student visa intent concerns, domestic violence issues, or removal proceedings, national expertise may matter more than a local office. Virtual legal help can be effective when the attorney has strong systems for document collection, communication, and interview preparation.

Conclusion and Next Steps

The best marriage visa attorneys combine specialized immigration law knowledge, valid professional credentials, proven family based immigration experience, and transparent communication. For many couples, Herman Legal Group, Margaret W. Wong & Associates, and Sarmiento Immigration Law Firm are strong names to research first, while Fragomen, Solomon Immigration Law, and Wolfsdorf Rosenthal may fit more international or complex cases.

Take these next steps:

1. Research 3-5 specialists who regularly handle I-130, I-485, K-1, and consular processing cases.
2. Verify credentials through state bar records and AILA membership.
3. Schedule initial consultations and compare the legal strategy each attorney provides.
4. Review fee structures carefully so you know what is included and what costs extra.
5. Select the attorney whose specialization matches your facts, not simply the one with the nearest office.

After permanent residence is approved, many couples later consider citizenship. Eligibility for citizenship includes being a lawful permanent resident for 5 years in many cases, naturalization applications require proof of continuous residence in the U.S., applicants must pass English and civics exams for citizenship, USCIS processes citizenship applications and conducts interviews, and naturalization can take 10 to 24 months to process.

Related topics worth reviewing include marriage visa timelines, preparing bona fide marriage evidence, K-1 visa approval risks, adjustment of status interview preparation, and how to maintain immigration status while a green card application is pending.

Additional Resources

• AILA Immigration Lawyer Search – useful for finding immigration lawyers and checking whether they focus on family based immigration.
• State bar attorney lookup tools – use these to verify whether an attorney is licensed and whether disciplinary history exists.
• USCIS Policy Manual – official guidance relevant to family-based petitions, adjustment of status, and naturalization.
• USCIS I-130 Petition Information – official page for the petition process used for qualifying family members.
• USCIS Green Card Through Family – overview of family based green card categories.
• Herman Legal Group marriage visa resources – practical guides and consultation options for marriage based immigration cases.

Can USCIS Use Your Digital Footprint Against You?

Social Media, ChatGPT, AI Content, Deleted Posts, WhatsApp Messages, Reddit Activity, and What Immigrants Need to Know in 2026

By Richard Herman, Immigration Attorney

Quick Answer

Yes.

In 2026, immigration agencies increasingly examine an applicant’s digital footprint when evaluating immigration benefits as part of the broader vetting process.

Your digital footprint can include:

• Facebook posts
• Instagram content
• TikTok videos
• X (formerly Twitter) posts
• Reddit activity
• LinkedIn profiles
• YouTube channels
• WhatsApp communications
• Telegram groups
• Public websites
• Online business profiles
• Comments on forums
• News articles mentioning you
• Court records available online
• AI-generated content
• Information submitted through immigration applications

On certain immigration forms, applicants may be required to disclose all social media handles used over the past five years.

In some circumstances, online activity can contribute to:

• Requests for Evidence (RFEs)
• Notices of Intent to Deny (NOIDs)
• Visa denials
• Green card denials
• Naturalization denials
• Fraud investigations
• National security reviews
• Border inspection problems

The bigger question is not whether USCIS can see something online.

The real question is:

How can USCIS use digital information against you, and what can immigrants do to protect themselves?

This guide answers those questions in depth.

Why This Matters More Than Ever

For decades, immigration cases were largely paper-based.

An officer reviewed:

• forms
• supporting documents
• interviews
• fingerprints
• background checks

Today, immigration adjudications increasingly occur in a digital environment.

Federal agencies now possess unprecedented abilities to compare information from:

• immigration filings
• government databases
• public websites
• social media platforms
• border inspections
• financial records
• law enforcement databases

In recent years, DHS and USCIS have openly announced expanded screening initiatives involving social media review and additional vetting measures. USCIS has also confirmed that it uses multiple artificial intelligence tools to assist with immigration-related functions and records review.

For immigrants, this means the issue can affect the immigration process more broadly, not just a single filing, and applicants should be paying attention to inconsistencies between what appears online and what appears in their filings.

What Is Your Digital Footprint?

A digital footprint is the collection of information about you that exists online, including your broader digital presence, not just isolated activity on one platform.

Many immigrants assume this means only Facebook.

In reality, it includes much more, including online posts.

Social Media Platforms

Facebook

USCIS officers may review publicly available:

• posts
• comments
• photos
• relationship status updates
• employment claims
• location check-ins

Example:

An applicant claims a bona fide marriage but publicly identifies another partner on Facebook.

That discrepancy may trigger additional scrutiny, and officers may also review Facebook activity to identify discrepancies suggesting a sham marriage.

TikTok

TikTok videos often reveal:

• employment activity
• travel history
• relationships
• business operations
• lifestyle claims

A person claiming inability to work due to disability while regularly posting videos showing commercial activities may face credibility concerns.

X (Twitter)

Political opinions alone should not normally result in immigration penalties.

However, statements that appear to support violence, criminal conduct, terrorist activity, immigration fraud, or other unlawful conduct may attract government attention depending upon the circumstances, especially if posts suggest ties to extremist groups, a terrorist organization, or criminal gang affiliations. USCIS announced in 2025 that certain antisemitic activity reflected on social media may be considered in immigration benefit adjudications and may be reviewed for public safety threats.

Reddit

Many people incorrectly believe Reddit is anonymous.

It often is not.

Investigators may connect Reddit accounts to:

• email addresses
• usernames
• photographs
• linked social media accounts
• past posts

Reddit activity can reveal:

• immigration intent
• unauthorized employment
• marriage fraud discussions
• criminal conduct
• admissions against interest

It can also reveal criminal activity or discussions of illegal activities when users post incriminating details.

LinkedIn

LinkedIn may be one of the most important platforms in employment-based immigration cases.

USCIS officers may compare:

• petition information
• job descriptions
• educational credentials
• work history

against LinkedIn profiles.

Common issues include:

• inflated credentials
• conflicting employment dates
• inconsistent job titles

Can USCIS Read WhatsApp Messages?

Usually not simply because they exist. Private social media accounts and private messages are not automatically available to USCIS just because they exist.

WhatsApp messages are generally private.

However, messages may become available through:

• phone inspections
• device searches
• screenshots provided by third parties
• litigation
• criminal investigations
• voluntary disclosure

At ports of entry, CBP has authority under border-search rules to inspect electronic devices in certain circumstances. CBP publicly states that electronic device searches may occur during inspections, although such searches remain relatively uncommon.

This is why immigrants should never assume private messages are permanently private.

Can USCIS See Deleted Posts?

Possibly.

Many immigrants believe deleting a post removes all evidence.

That assumption is often wrong.

Deleted content may still exist:

• in screenshots
• archives
• cached pages
• internet archives
• platform records
• devices
• cloud backups

CBP and other agencies may also encounter content retained on electronic devices during lawful inspections.

A deleted post is not necessarily a disappeared post, because online activity can still operate like a permanent record even after deletion attempts.

Can USCIS See What You Search on Google?

Generally, no.

USCIS does not receive a list of your Google searches.

Likewise, USCIS cannot simply access your private ChatGPT conversations whenever it wants.

However, search activity can become relevant if:

• it appears on seized devices
• it is voluntarily disclosed
• it becomes evidence in another proceeding
• it appears in browser history reviewed during lawful inspections

For most immigrants, ordinary Google and ChatGPT searches are not directly reviewed by USCIS.

Can USCIS Tell If You Used ChatGPT?

This is one of the fastest-growing immigration questions.

The answer is complicated.

USCIS generally does not care whether you used ChatGPT to:

• improve grammar
• organize ideas
• draft outlines
• translate concepts

The concern arises when AI is used to create:

• false evidence
• fabricated employment records
• fake recommendation letters
• fake relationships
• fake business plans
• fraudulent asylum narratives

The immigration problem is not the AI tool.

The problem is fraud.

Can USCIS Deny a Case Because AI Generated the Evidence?

Potentially.

Federal agencies are increasingly focused on document authenticity and fraud detection.

If USCIS determines that evidence is fabricated, altered, misleading, or materially false, the consequences can be severe.

Possible consequences include:

• denial
• fraud findings
• inadmissibility allegations
• removal proceedings

The issue is truthfulness—not whether AI assisted in drafting the material.

Is USCIS Using Artificial Intelligence?

Yes.

DHS maintains a public AI Use Case Inventory describing numerous USCIS-related AI functions. These tools are intended to assist with records review, classification, workflow management, and other immigration-related functions.

AI does not replace immigration officers.

However, AI increasingly assists agencies in identifying patterns, inconsistencies, and records requiring additional review.

Richard Herman’s Prediction

Over the next five years, immigration adjudications will become increasingly digital.

We expect:

• more social media review
• more AI-assisted fraud detection
• more Requests for Evidence
• more credibility challenges
• more scrutiny of online identities
• greater use of publicly available internet information

The immigrants most at risk will not be those with controversial opinions.

The immigrants most at risk will be those whose online activity contradicts their immigration applications.

Consistency will become one of the most important factors in successful immigration cases.

Below is Part 2 of the flagship article.

How USCIS Uses Your Digital Footprint in Green Card, Marriage, Naturalization, Student Visa, and H-1B Cases

Can USCIS Use Social Media Evidence in Marriage Green Card Cases?

Absolutely.

In fact, marriage-based immigration cases may be the immigration category most affected by digital footprint reviews as part of the broader background check process.

USCIS officers routinely evaluate whether a marriage is genuine or entered into solely for immigration purposes.

Historically, officers focused on:

• joint tax returns
• leases
• bank statements
• insurance policies
• children’s birth certificates
• interview testimony

Today, online activity can either strengthen or undermine a marriage case, and USCIS may compare social media information with the details provided in the filing.

Examples That May Raise Questions

A petitioner claims to live with a spouse, but Facebook check-ins show both spouses regularly living in different states.

A beneficiary claims a bona fide marriage but publicly identifies another romantic partner.

LinkedIn profiles show employment in different cities than those listed on immigration filings.

TikTok videos show a lifestyle inconsistent with information submitted to USCIS, and publicly available content is often fair game for review when it conflicts with sworn filings.

The issue is not social media itself.

The issue is inconsistency.

USCIS officers are trained to assess credibility. When online information conflicts with sworn immigration filings, troubling posts can raise red flags and lead to further investigation, Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), more extensive interviews, or referral for fraud investigation.

For marriage-based applicants, consistency across:

• Forms I-130 and I-485
• Social media profiles
• Public records
• Interview testimony

is becoming increasingly important.

Can USCIS Use Social Media When Deciding Whether to Approve Adjustment of Status?

Increasingly, yes.

This issue has become even more significant following USCIS’s 2026 guidance emphasizing discretionary review in adjustment-of-status cases.

Adjustment of status is not merely a technical eligibility determination.

USCIS has repeatedly described adjustment as a discretionary benefit.

As a result, officers may consider a broad range of information relevant to credibility, truthfulness, and discretionary factors, and that review may also help detect fraud.

Examples include:

• online statements contradicting applications
• evidence suggesting fraud
• undisclosed employment
• undisclosed travel
• misrepresentations regarding family relationships
• online claims that undermine a visa application or adjustment filing when they conflict with the record

The biggest risk is not controversial opinions.

The biggest risk is inconsistency.

Many applicants unintentionally create problems by forgetting that statements made online may later be compared against immigration filings.

Important USCIS Resources

• USCIS Policy Manual
• Adjustment of Status Information

Naturalization Cases: Can Online Activity Affect U.S. Citizenship?

Potentially.

Naturalization officers evaluate several requirements, including:

• good moral character
• attachment to constitutional principles
• truthfulness during the application process

The primary concern is not political disagreement.

The concern is whether online activity demonstrates:

• criminal conduct
• fraud
• false testimony
• misrepresentation
• support for prohibited activities under immigration law
• hate speech if it reflects character or security concerns

Applicants should understand that naturalization cases often involve a review of conduct during the statutory good moral character period and, in some cases, conduct outside that period as well, and older online conduct by naturalized citizens can also become relevant in certain enforcement contexts.

Example

Suppose an applicant claims on an N-400 that they have never engaged in unauthorized employment.

But public LinkedIn posts advertise years of freelance business activity that was never disclosed.

That discrepancy may trigger questions.

Relevant Resources

• USCIS Naturalization Policy Manual
• N-400 Naturalization Information

Student Visas, Campus Speech, and Social Media

One of the most controversial developments in immigration law has involved expanded social media scrutiny affecting international students.

In April 2025, DHS announced that USCIS would begin considering certain antisemitic activity reflected on social media as a negative factor in immigration benefit adjudications. The announcement specifically referenced lawful permanent residence applicants, foreign students, and individuals associated with educational institutions linked to antisemitic activity, and authorities may interpret posts praising violence or showing support for a terrorist organization negatively. (USCIS)

The policy immediately sparked significant debate among immigration lawyers, universities, civil rights advocates, and constitutional scholars. Critics argued that vague standards could chill protected speech and academic expression, while supporters framed the issue in terms of public safety concerns. (Brennan Center for Justice)

What Students Should Understand

Not every controversial opinion creates an immigration problem.

However, online activity that immigration authorities interpret as:

• supporting terrorism
• promoting violence
• threatening others
• encouraging unlawful conduct

may draw additional scrutiny depending on the facts of the case. (USCIS)

This area is evolving rapidly and will likely remain the subject of litigation.

H-1B Professionals and LinkedIn Risks

Employment-based immigration cases create a different type of digital footprint issue within the broader immigration system, and online résumé-style claims are often checked against the record.

LinkedIn often functions as a public résumé.

USCIS officers may compare LinkedIn information against:

• H-1B petitions
• PERM applications
• I-140 petitions
• Adjustment applications

Common problems include:

Inflated Credentials

Claiming degrees, licenses, or experience not reflected in immigration filings.

Different Job Titles

A worker listed as a software engineer on LinkedIn but described as a project manager in immigration filings.

Employment Dates That Do Not Match

Inconsistent timelines often trigger questions regarding experience requirements.

Unauthorized Employment Admissions

Applicants sometimes unknowingly create evidence against themselves by discussing freelance work, consulting, or side businesses online.

Related HLG Resources

• H-1B Visa Hub: https://www.lawfirm4immigrants.com/h1b-visa/

Can USCIS See Reddit Posts?

Many immigrants assume Reddit is anonymous.

That assumption can be dangerous.

Reddit posts frequently reveal:

• immigration plans
• prior immigration violations
• unauthorized work
• marriage fraud schemes
• travel history

Sometimes users voluntarily provide enough details to identify themselves.

Immigration officers are unlikely to spend time reviewing random Reddit accounts.

However, when credibility becomes an issue, publicly available information can become relevant.

Can USCIS See WhatsApp, Signal, Telegram, or Private Messages?

Generally speaking, USCIS does not have automatic access to your private messages.

However, private communications sometimes become evidence through:

• phone searches
• screenshots
• criminal investigations
• civil litigation
• voluntary disclosure

Applicants should never assume that private messages can never become public.

Border Searches: Can CBP Inspect Your Phone?

This is one of the most misunderstood areas of immigration law.

The answer is yes (even the phones and computers of US citizens)

CBP maintains authority to inspect electronic devices at the border under its border-search policies. (USCIS)

According to publicly reported CBP statistics, device searches have increased dramatically over the past decade. Reports indicate that more than 55,000 electronic device searches occurred during fiscal year 2025, although they still represented a very small percentage of all travelers entering the United States. (WIRED)

What Can Be Reviewed?

Depending on the circumstances, border inspections may involve:

• emails
• photographs
• text messages
• social media applications
• documents
• contacts
• browser history

More advanced searches may involve forensic tools capable of analyzing data stored on a device. (WIRED)

Why This Matters

Many immigrants assume deleted content no longer exists.

Modern forensic tools may recover information that ordinary users believe has disappeared. (WIRED)

Can Deleted Posts Hurt an Immigration Case?

Potentially.

Deleting content is not the same thing as eliminating evidence.

Information may continue to exist in:

• screenshots
• archived webpages
• backups
• cloud storage
• third-party devices
• forensic extractions

For this reason, immigrants should avoid posting information online that they would not be comfortable explaining to an immigration officer later.

Can USCIS Use AI to Analyze Social Media?

The answer increasingly appears to be yes.

DHS publicly maintains an AI Use Case Inventory documenting numerous artificial intelligence projects and systems used across immigration-related agencies. AI-assisted systems are being used for record management, identity verification, fraud detection support, document processing, and other operational functions. (WIRED)

Importantly, AI generally assists human decision-makers rather than replacing them.

The concern for immigrants is not whether a human officer or a computer identifies a discrepancy.

The concern is that discrepancies are becoming easier to detect.

The Digital Consistency Rule

If there is one lesson immigrants should take away from this article, it is this:

Your immigration application should match your digital footprint.

Not because USCIS will necessarily review every post.

But because if USCIS does review your online activity, inconsistencies can become evidence.

The future of immigration adjudications will likely involve:

• more social media screening
• more AI-assisted fraud detection
• greater digital record integration
• expanded identity verification tools
• increased scrutiny of credibility issues

Applicants who are truthful, consistent, and transparent generally have far less to fear than applicants whose online activity contradicts their sworn immigration filings.

Richard Herman’s View

For decades, immigration lawyers focused on preparing forms, collecting documents, and preparing clients for interviews.

Today, competent immigration representation increasingly requires a fourth task:

Digital Risk Assessment

Before filing major immigration cases, applicants should ask:

• Does my online presence match my application?
• Are there public statements that can be misunderstood?
• Does LinkedIn accurately reflect my employment history?
• Are there social media posts that contradict my filings?
• Are there photos or videos that create credibility issues?

In the coming years, digital due diligence may become as important as document preparation.

The immigrants who succeed will not necessarily be those with perfect social media histories.

They will be the immigrants whose online footprint is truthful, consistent, and explainable.

ChatGPT, AI-Generated Content, Deepfakes, Fake Evidence, AI Detection Tools, and the Future of Immigration Adjudications

Can USCIS Tell If You Used ChatGPT?

This may be the most common immigration-and-AI question being asked today.

The short answer is:

Usually, USCIS does not care whether you used ChatGPT.

There is no immigration law that prohibits applicants from using:

• ChatGPT
• Claude
• Gemini
• Microsoft Copilot
• Perplexity
• Grammarly AI
• AI translation tools
• AI writing assistants

Using AI to improve grammar, organize ideas, translate content, or draft a first version of a document is generally not the problem.

The problem arises when AI is used to create false evidence, misleading information, fabricated narratives, or fraudulent documents.

The key legal issue is not artificial intelligence.

The key legal issue is truthfulness.

Under U.S. immigration law, fraud and material misrepresentation can result in severe consequences, including denial of immigration benefits, inadmissibility findings, and removal proceedings.

Government Resources

• USCIS Policy Manual: https://www.uscis.gov/policy-manual
• USCIS Fraud Detection and National Security Directorate (FDNS): https://www.uscis.gov/about-us/directorates-and-program-offices/fraud-detection-and-national-security-directorate

Can You Use ChatGPT to Draft an Immigration Declaration?

Generally, yes.

Many applicants already use AI tools to help organize:

• asylum declarations
• hardship affidavits
• personal statements
• letters of support
• business plans
• cover letters

The danger arises when applicants allow AI to create facts that never happened.

For example:

Acceptable

“Please help me organize my life story into chronological order.”

Dangerous

“Please create a stronger persecution story so my asylum case sounds more convincing.”

The first example uses AI as an editing assistant.

The second risks creating fabricated evidence.

Immigration officers are trained to identify inconsistencies, implausibilities, and narratives that appear rehearsed or artificially generated.

Can USCIS Deny a Case Because an Affidavit Was Written with AI?

Generally, no.

USCIS is concerned with whether the content is truthful, not whether artificial intelligence helped draft it.

Think about it this way.

For decades, lawyers, paralegals, translators, and family members have helped applicants draft statements.

AI is simply another drafting tool.

The critical question is:

Is the statement true?

If the answer is yes, the use of AI is unlikely to matter.

If the answer is no, the consequences can be serious.

The Growing Problem of AI Hallucinations

One of the greatest risks facing immigrants today is the phenomenon known as hallucination.

AI systems occasionally generate information that sounds convincing but is entirely false.

This can include:

• fake legal citations
• nonexistent court decisions
• invented facts
• incorrect dates
• fabricated statistics

Academic researchers have repeatedly documented this problem.

Important Research

Stanford University researchers found that large language models can generate plausible but inaccurate information and that AI-detection tools themselves are frequently unreliable.

• Stanford Human-Centered AI Institute: https://hai.stanford.edu
• Stanford AI Index Report: https://aiindex.stanford.edu

The practical lesson:

Never submit AI-generated immigration documents without carefully reviewing every fact.

Can USCIS Detect AI-Written Documents?

This is where things become interesting.

The answer is:

Not reliably.

Despite marketing claims, most AI-detection tools have significant limitations.

Researchers from Stanford University and other institutions have demonstrated that many AI detectors generate false positives and false negatives.

In one widely cited study, AI detectors disproportionately misclassified writing produced by non-native English speakers.

Academic Research

“GPT Detectors Are Biased Against Non-Native English Writers”

https://arxiv.org/abs/2304.02819

“Humans Are Poor at Detecting AI-Generated Text”

https://arxiv.org/abs/2206.07271

This research has significant implications for immigration cases because many immigration applicants are not native English speakers.

As a result, AI-detection software should not be treated as definitive proof that a document was or was not generated by artificial intelligence.

The Bigger Risk: AI Makes Fraud Easier

Although AI detection remains imperfect, AI dramatically lowers the cost of creating fraudulent materials.

Today, a bad actor can generate:

• fake recommendation letters
• fake business plans
• fake employment verification letters
• fake social media conversations
• fake photographs
• fake audio recordings
• fake videos

in minutes.

This reality is one reason why government agencies are investing heavily in fraud detection technologies.

USCIS Fraud Detection Resources

https://www.uscis.gov/about-us/directorates-and-program-offices/fraud-detection-and-national-security-directorate

Deepfakes and Immigration Cases

A deepfake is synthetic media created or modified using artificial intelligence.

Deepfakes can involve:

• video
• audio
• photographs
• facial imagery
• voice cloning

The technology is improving rapidly.

In some cases, deepfakes are becoming difficult even for experts to identify.

Why This Matters for Immigration

Many immigration cases rely on:

• photographs
• videos
• relationship evidence
• communications
• identity verification

As deepfake technology becomes more sophisticated, immigration officers may become increasingly skeptical of digital evidence.

Future immigration cases may require additional verification methods to establish authenticity.

DHS Research

DHS Science and Technology Directorate has publicly discussed synthetic media and deepfake detection initiatives.

https://www.dhs.gov/science-and-technology

Can AI-Generated Photos Be Used as Evidence?

They should never be used to create false evidence.

Examples include:

• fake wedding photos
• fake travel photos
• fake family gatherings
• fake business meetings
• fake employment activities

Submitting fabricated evidence can create serious immigration consequences.

Potential consequences include:

• denial
• fraud findings
• inadmissibility
• removal proceedings
• criminal investigations

No immigration benefit is worth risking a fraud finding.

Marriage Green Cards and AI-Generated Evidence

Marriage-based cases may be particularly vulnerable.

Suppose an applicant generates:

• fake wedding photographs
• fake text messages
• fake WhatsApp conversations
• fake social media interactions

to strengthen a relationship case.

If discovered, the result could be devastating.

Marriage fraud findings can affect:

• current applications
• future immigration benefits
• naturalization eligibility

Related HLG Resources

Marriage Green Card Resources:

https://www.lawfirm4immigrants.com/marriage-green-card/

AI-Generated Employment Evidence

Employment-based cases face similar risks.

Examples include:

• fake experience letters
• fake project portfolios
• fake recommendation letters
• fake performance reviews
• fake business records

Employment-based immigration increasingly relies on digital evidence.

USCIS officers may compare submitted materials against:

• LinkedIn
• company websites
• public databases
• corporate filings
• professional licenses

AI-generated fabrication becomes especially risky when those sources do not align.

Can USCIS Use AI Against Applicants?

A better question may be:

How is AI already helping immigration agencies?

According to DHS’s public AI Use Case Inventory, federal immigration agencies are already deploying artificial intelligence in numerous operational contexts.

Examples include:

• records management
• workflow automation
• fraud detection support
• identity verification
• document processing
• language services

DHS AI Inventory

https://www.dhs.gov/ai/use-case-inventory

Importantly, DHS generally describes these systems as assisting human decision-makers rather than replacing them.

Nevertheless, AI makes it easier to identify:

• inconsistencies
• duplicate records
• suspicious patterns
• identity anomalies

This trend will likely accelerate.

Can USCIS Use Social Media Monitoring Software?

Potentially.

Various government agencies have long used commercial tools that aggregate publicly available online information.

Public reporting has documented government contracts involving social media analysis and monitoring platforms.

Additional Reading

Electronic Frontier Foundation:

https://www.eff.org

Brennan Center for Justice:

https://www.brennancenter.org

Government Accountability Office:

https://www.gao.gov

The exact scope of current immigration-related monitoring activities continues to evolve.

The Future: AI-Assisted Immigration Adjudications

Over the next decade, immigration adjudications will likely become more data-driven.

Possible developments include:

• automated fraud-risk scoring
• enhanced identity verification
• synthetic media detection
• cross-platform consistency analysis
• expanded database integration
• AI-assisted interview preparation tools
• document authentication systems

Whether these developments improve accuracy or create new concerns about privacy and due process remains a subject of active debate.

Richard Herman’s Prediction

Artificial intelligence will not replace immigration officers.

But it will transform immigration investigations.

In the next five years, I expect:

• More Requests for Evidence based on digital inconsistencies.
• Increased scrutiny of online identities.
• Greater attention to LinkedIn and employment records.
• Expanded use of fraud-detection technologies.
• More litigation involving AI-generated evidence.
• New USCIS guidance addressing synthetic media and deepfakes.

The immigrants who will be safest are not those who avoid technology.

They are those who use technology honestly.

AI can help organize your story.

AI can help improve your writing.

AI can help translate your ideas.

But AI should never be used to create facts that do not exist.

That principle will remain true no matter how advanced the technology becomes.

Key Takeaway

Using ChatGPT is not an immigration violation.

Using Gemini is not an immigration violation.

Using Claude is not an immigration violation.

Using AI to improve writing is not an immigration violation.

What creates immigration risk is submitting information that is false, misleading, inconsistent, or fraudulent.

As immigration agencies become more sophisticated and artificial intelligence becomes more powerful, the most valuable asset an applicant can possess will be the same asset that has always mattered:

Credibility.

Digital Footprint Audit Checklist

50 Things Every Immigrant Should Review Before Filing a Green Card, Citizenship, H-1B, F-1, Asylum, Marriage-Based Immigration, or Other USCIS Application

Introduction

Most immigration denials involving online activity do not occur because an applicant posted something controversial.

They occur because information found online contradicts information submitted to the government.

The purpose of a Digital Footprint Audit is not to erase your online history.

It is not to hide evidence.

It is not to delete truthful information.

Instead, the purpose is to identify inconsistencies, inaccuracies, misunderstandings, and potential credibility issues before they become problems.

Think of it as the digital equivalent of reviewing your tax returns, passports, travel history, and immigration documents before filing an application.

At Herman Legal Group, we increasingly advise clients to review their online presence as part of overall case preparation.

The goal is simple:

Make sure your immigration filings and your public digital footprint tell the same story.

Section 1: Identity and Biographical Information

1. Review Every Name You Use Online

Check:

• legal name
• maiden name
• former married names
• nicknames
• aliases
• usernames

Make sure they do not create confusion regarding identity.

2. Review Birth Date Information

Verify that publicly available profiles do not contain incorrect birth dates that could raise identity questions.

3. Review Nationality References

Ensure online profiles do not create confusion regarding:

• citizenship
• nationality
• country of birth

4. Review Public Biographies

Check:

• LinkedIn
• business websites
• speaker profiles
• professional directories

for consistency.

5. Review Profile Photos

Make sure photographs do not create confusion regarding identity or marital status.

Section 2: Marriage-Based Cases

6. Review Relationship Status on Facebook

A common issue:

USCIS receives an application claiming a bona fide marriage while Facebook identifies the applicant as:

• single
• divorced
• separated
• in a relationship with someone else

7. Review Tagged Photos

Look for photographs that could be misunderstood.

8. Review Wedding Photos

Ensure publicly available wedding information is consistent with application materials.

9. Review Anniversary Posts

Marriage timelines should generally align with immigration filings.

10. Review Family References

Do family members publicly acknowledge the relationship?

This is not required, but inconsistencies may raise questions.

Helpful HLG Resources

Marriage Green Card Guide

https://www.lawfirm4immigrants.com/marriage-green-card/

Adjustment of Status Guide

https://www.lawfirm4immigrants.com/adjustment-of-status/

Section 3: Employment-Based Cases

11. Review LinkedIn Job Titles

Do they match:

• H-1B filings
• PERM applications
• I-140 petitions

12. Review Employment Dates

Employment dates should generally be consistent across:

• résumés
• immigration filings
• LinkedIn profiles

13. Review Education Credentials

Ensure degrees and certifications are accurately described.

14. Review Professional Licenses

Confirm licenses are current and accurately represented.

15. Review Public Business Ownership Claims

Business ownership statements may affect:

• employment-based petitions
• investor visas
• adjustment applications

HLG Resources

H-1B Visa Guide

https://www.lawfirm4immigrants.com/h1b-visa/

Section 4: Travel and Residence History

16. Review Location Check-Ins

Do social media check-ins contradict:

• claimed residence
• employment location
• travel disclosures

17. Review Travel Photos

Travel history often becomes relevant in:

• naturalization
• adjustment of status
• asylum cases

18. Review Geotagged Content

Location metadata sometimes reveals information applicants forget to disclose.

19. Review International Travel Posts

Confirm travel timelines match immigration records.

20. Review Residence Claims

Online statements about where you live should generally align with official records.

Section 5: Student Visa Cases

21. Review Employment Discussions

Unauthorized employment can become a significant issue for F-1 students.

22. Review Freelancing Advertisements

Posts offering services may suggest unauthorized work.

23. Review Gig-Economy Activity

Examples:

• Uber
• DoorDash
• Fiverr
• Upwork

24. Review Business Promotion

Student visa holders should evaluate whether online business activity is consistent with immigration status.

25. Review Academic Status Claims

Ensure educational information is accurate.

HLG Resources

F-1 Student Visa Guide

https://www.lawfirm4immigrants.com/f1-student-visa/

Section 6: Naturalization Cases

26. Review Statements Regarding Criminal Conduct

Never assume old posts cannot be found; posts suggesting drug use can create serious eligibility problems, and evidence of drug use on social media can lead to application denial.

27. Review Tax Discussions

Tax compliance remains an important issue in many citizenship cases.

28. Review Public Admissions

Avoid surprises.

Review what you have publicly stated online.

29. Review Character References

Ensure online content does not contradict representations made during the naturalization process.

30. Review Good Moral Character Issues

Consider consulting counsel if concerned.

USCIS Resources

Naturalization Information

https://www.uscis.gov/n-400

USCIS Policy Manual

https://www.uscis.gov/policy-manual

Section 7: Asylum Cases

31. Review Political Activity

Political activity should be accurately represented.

32. Review Travel to Country of Feared Persecution

Travel posts can become relevant evidence.

33. Review Statements About Fear

Consistency matters.

34. Review Country Conditions References

Make sure public statements align with case facts.

35. Review Public Interviews

News articles and public speaking engagements may become evidence.

HLG Resources

Asylum Guide

https://www.lawfirm4immigrants.com/asylum/

Section 8: Artificial Intelligence and ChatGPT

36. Review AI-Generated Affidavits

Verify every fact.

37. Review AI-Generated Timelines

Check dates carefully.

38. Review AI-Generated Translations

Translation errors can create major problems.

39. Review AI-Generated Recommendation Letters

Never submit letters that contain invented facts.

40. Review AI-Generated Personal Statements

Ensure they accurately reflect your experiences.

Section 9: Social Media Content

41. Review Facebook

Look for:

• relationship inconsistencies
• employment inconsistencies
• travel inconsistencies

42. Review Instagram

Photos often tell stories applicants forget.

43. Review TikTok

Videos may reveal information not reflected elsewhere.

---

44. Review X (Twitter)

Consider how posts could be interpreted, since a public twitter account may be reviewed if posts appear to support violence or unlawful conduct.

45. Review Reddit

Many users reveal more information than they realize.

Section 10: Phone and Device Review

46. Review Cloud Storage

Documents stored online may become relevant.

47. Review Downloaded Documents

Ensure records are authentic and accurate.

48. Review Messaging Applications

Consider whether messages could create credibility concerns if later reviewed.

49. Review Shared Devices

Information stored on shared devices can create confusion.

50. Review Everything Through the Eyes of an Immigration Officer

Ask yourself:

If an immigration officer saw this tomorrow, would it support my case, contradict my case, or require explanation?

That single question may identify more potential issues than any software program.

Digital Footprint Audit for Specific Immigration Cases

Marriage Green Card Cases

Pay special attention to:

• relationship status
• wedding photos
• travel records
• shared residence evidence

H-1B Cases

Pay special attention to:

• LinkedIn
• employment dates
• credentials
• side businesses

F-1 Student Cases

Pay special attention to:

• unauthorized work
• freelancing
• gig-economy activity

Naturalization Cases

Pay special attention to:

• criminal issues
• tax compliance
• honesty and consistency

Asylum Cases

Pay special attention to:

• political activity
• country-condition statements
• travel history

Richard Herman’s Advice

The best digital footprint strategy is not censorship.

The best strategy is accuracy.

Do not panic and start deleting everything.

Do not attempt to rewrite your online history.

Do not create fake content.

Instead:

• be truthful
• be consistent
• review your online presence
• identify potential issues early
• discuss concerns with experienced legal counsel before filing or making major online changes

Immigration law has always been about credibility.

Artificial intelligence, social media, and digital investigations have not changed that principle.

They have simply made credibility easier to test.

Before You File: A Final Checklist

Ask yourself:

✓ Does my LinkedIn profile match my immigration filings?

✓ Does my social media accurately reflect my marital status?

✓ Do my travel posts match my travel history?

✓ Do my public employment claims match my immigration records?

✓ Have I reviewed AI-generated documents for accuracy?

✓ Am I prepared to explain anything that appears online?

If the answer is yes, you are already ahead of most applicants.

If the answer is no, now is the time to address those issues—before USCIS asks the questions.

Need Help Evaluating Immigration Risks?

The attorneys at Herman Legal Group regularly assist immigrants, students, professionals, entrepreneurs, families, and employers with complex immigration services involving credibility issues, discretionary review, Requests for Evidence, Notices of Intent to Deny, fraud allegations, and evolving government screening practices. These concerns can affect the case currently under review as well as other immigration benefits.

Schedule a consultation:

https://www.lawfirm4immigrants.com/book-consultation/

Call:

1-800-808-4013

Frequently Asked Questions, Myths, Statistics, Resources, and the Future of Digital Screening in Immigration Cases

Frequently Asked Questions

Can USCIS look at my Facebook account?

USCIS can review information that is publicly available online. If your Facebook profile, posts, photos, comments, or relationship information are publicly accessible, they may be reviewed during the adjudication of an immigration benefit.

USCIS does not have unlimited access to private accounts simply because an application has been filed.

---

Can USCIS see my private Facebook messages?

Generally, no.

Private messages are not automatically available to USCIS.

However, messages may become available through:

• screenshots
• voluntary disclosure
• litigation
• criminal investigations
• device inspections conducted under lawful authority

---

Can USCIS see my Instagram account?

If your Instagram profile is public, USCIS may be able to review publicly available content.

---

Can USCIS see my TikTok videos?

Yes, if they are publicly available.

---

Can USCIS see my X (Twitter) posts?

Public posts can generally be viewed by anyone, including government officials. What you post online on X can raise concerns if it appears inconsistent with your case or suggests unlawful conduct.

Can USCIS see my LinkedIn profile?

Yes.

LinkedIn is often one of the most important public sources of information in employment-based immigration cases.

---

Can USCIS see my Reddit account?

Potentially.

If a Reddit account can be connected to an applicant and contains publicly available information, it may become relevant in certain cases.

---

Can USCIS see my WhatsApp messages?

Generally not unless the messages become available through other lawful means.

---

Can USCIS see my Telegram messages?

Generally not unless access is obtained through lawful investigative means.

---

Can USCIS see my Signal messages?

Generally not unless they become available through lawful investigative means.

---

Can USCIS see deleted social media posts?

Possibly.

Deleted content may continue to exist in:

• screenshots
• archives
• backups
• cached pages
• forensic device extractions

---

Can USCIS see deleted photographs?

Sometimes.

Deletion does not always eliminate recoverable data.

---

Can USCIS see my Google search history?

Generally no.

USCIS does not receive routine access to private search histories.

---

Can USCIS see my ChatGPT conversations?

There is no public evidence that USCIS routinely receives access to private ChatGPT conversations.

However, information can become available if voluntarily disclosed or obtained through lawful legal processes.

---

Can USCIS tell if I used ChatGPT to write my affidavit?

Not reliably.

Current AI-detection tools remain imperfect and frequently produce inaccurate results.

More importantly, USCIS is primarily concerned with whether the content is truthful.

---

Is it illegal to use ChatGPT for an immigration application?

No.

Using ChatGPT is not an immigration violation.

---

Can ChatGPT help me write a hardship affidavit?

Yes.

However, every statement must be accurate and truthful.

---

Can ChatGPT help write an asylum declaration?

Yes.

But applicants should carefully verify all facts and ensure the declaration reflects their actual experiences.

---

Can USCIS deny my case because I used AI?

Generally no.

USCIS is concerned with fraud and misrepresentation, not the use of drafting tools.

---

Can USCIS deny my case because AI created false information?

Potentially yes.

False evidence can lead to serious immigration consequences.

---

Can USCIS detect fake AI-generated documents?

Sometimes.

Fraud detection techniques continue to evolve.

---

Can USCIS detect deepfake photographs?

Technology continues to improve, but detection capabilities vary.

---

Can USCIS detect AI-generated voice recordings?

Increasingly, yes.

Government agencies and private experts are developing tools to identify synthetic media.

---

Can USCIS use AI during adjudications?

DHS publicly reports multiple AI-related use cases supporting immigration operations.

Human officers continue to make immigration decisions.

---

Can USCIS compare my LinkedIn profile to my H-1B petition?

Yes.

Inconsistencies may trigger additional scrutiny.

---

Can USCIS compare my social media posts to my marriage green card application?

Yes.

Consistency matters.

---

Can USCIS compare my online activities to my asylum application?

Potentially.

Online activity may become relevant in credibility determinations.

---

Can social media affect naturalization?

In some situations, yes.

Particularly if online activity relates to:

• fraud
• criminal conduct
• false testimony
• credibility concerns

---

Can political speech affect an immigration case?

Political speech alone generally should not result in immigration penalties.

However, alleged support for terrorism, violence, or other prohibited activities may be treated differently under immigration law.

---

Can CBP inspect my phone at the airport?

Yes.

CBP maintains authority to conduct electronic device searches at the border.

CBP Information:

https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices

---

Can CBP inspect my laptop?

Yes.

---

Can CBP inspect my cloud storage?

The scope of permissible searches continues to evolve and remains the subject of legal debate and litigation.

---

Should I delete my social media before filing an immigration case?

Usually not.

Deleting information after concerns arise may create additional questions.

Consult qualified immigration counsel before making major changes.

---

Should I make my accounts private?

Privacy settings are personal decisions.

However, privacy settings do not guarantee information will never become available through other lawful means.

---

Can old social media posts cause problems years later?

Potentially yes.

Online content often remains accessible longer than people expect.

---

What is the biggest digital-footprint risk?

Inconsistency.

Most immigration problems arise when online information conflicts with immigration filings.

Myth vs. Reality

Myth

USCIS reads every immigrant’s social media account.

Reality

USCIS does not have the resources to manually review every post from every applicant.

However, online information may become relevant in particular cases.

---

Myth

Deleting a post makes it disappear forever.

Reality

Deleted information often survives through screenshots, archives, backups, and forensic recovery.

---

Myth

ChatGPT use is immigration fraud.

Reality

Using AI is not fraud.

Submitting false information is fraud.

---

Myth

Reddit is completely anonymous.

Reality

Many users reveal identifying information without realizing it.

---

Myth

LinkedIn does not matter.

Reality

LinkedIn may be one of the most important public records in employment-based immigration cases.

Ultimate Research Library: USCIS Digital Footprint Screening, Social Media Vetting, AI-Assisted Adjudications, Credibility Assessments, Electronic Device Searches, and Immigration Surveillance

Why This Resource Directory Matters

Modern immigration adjudications increasingly occur in a digital environment.

USCIS officers no longer evaluate applications solely through forms and interviews.

Government agencies now have access to:

• social media identifiers
• public online content
• biometric databases
• facial recognition systems
• identity-resolution technologies
• AI-assisted record matching tools
• border device searches
• fraud detection systems
• cross-agency information sharing

At the same time, government systems can make mistakes.

False positives, mistaken identity matches, inaccurate facial recognition results, AI errors, and misunderstandings of online content can affect real immigration cases.

This research library is designed to help immigrants, attorneys, journalists, policymakers, and researchers understand both sides of that equation.

SECTION 1

USCIS Social Media Screening and Digital Vetting

DHS Announces Expanded Social Media Screening

USCIS announced that social media content may be considered as part of discretionary immigration adjudications.

https://www.uscis.gov/newsroom/news-releases/dhs-to-begin-screening-aliens-social-media-activity-for-antisemitism

Why it matters:

• Confirms USCIS review of online activity.
• Demonstrates social media can become a factor in discretionary decisions.
• Shows DHS willingness to expand digital vetting programs. (USCIS)

USCIS Collection of Social Media Identifiers

Federal Register Notice

https://www.federalregister.gov/documents/2025/03/05/2025-03492/agency-information-collection-activities-new-collection-generic-clearance-for-the-collection-of

Why it matters:

USCIS formally proposed collecting social media identifiers to support:

• identity verification
• national security screening
• fraud detection
• vetting procedures. (Federal Register)

AILA Analysis

USCIS Notice on Collection of Social Media Identifiers

https://www.aila.org/library/uscis-notice-on-collection-of-social-media-identifiers-on-immigration-forms

Why it matters:

Provides legal analysis regarding the expansion of social media screening into immigration adjudications. (AILA)

SECTION 2

USCIS Artificial Intelligence Systems

DHS AI Use Case Inventory

https://www.dhs.gov/ai/use-case-inventory

The single most important government source for understanding how DHS uses AI.

USCIS AI Use Cases

https://www.dhs.gov/ai/use-case-inventory/uscis

Why it matters:

This page reveals that USCIS already uses identity-resolution tools, record-linking technologies, workflow automation, and AI-assisted systems that help adjudicators locate records and identify relationships among data sources. Human officers remain responsible for final decisions. (Department of Homeland Security)

Questions raised:

• What happens when identity matching is wrong?
• What happens when records are linked incorrectly?
• How are false positives corrected?
• What due-process protections exist?

DHS Artificial Intelligence Portal

Tracks AI deployment across immigration and homeland security operations. (Department of Homeland Security)

SECTION 3

Identity Resolution and Data Matching

Why Identity Resolution Matters

USCIS increasingly relies on systems that connect:

• names
• aliases
• social media identifiers
• biometrics
• immigration records
• border encounters
• law-enforcement records

Identity-resolution technology is designed to identify whether multiple records belong to the same individual. (Department of Homeland Security)

Potential risks:

• mistaken identity
• duplicate records
• false matches
• incorrect fraud indicators

SECTION 4

Border Device Searches and Digital Evidence

CBP Electronic Device Search Policy

https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices

The definitive government source regarding searches of:

• phones
• laptops
• tablets
• cameras
• electronic devices

CBP confirms that electronic devices may be searched at ports of entry. (U.S. Customs and Border Protection)

CBP Directive on Border Searches

https://www.cbp.gov/document/guidance/border-search-electronic-devices-tear-sheet

Explains:

• basic searches
• advanced searches
• data retention
• traveler rights

(U.S. Customs and Border Protection)

DHS Privacy Impact Assessment

https://www.dhs.gov/publication/border-searches-electronic-devices

The government’s own privacy analysis of electronic-device search programs. (Department of Homeland Security)

CBP Monthly Update

https://www.cbp.gov/newsroom/national-media-release/cbp-releases-march-2025-monthly-update

Explains CBP’s legal authority to inspect devices during admissibility determinations. (U.S. Customs and Border Protection)

SECTION 5

Facial Recognition and Biometric Surveillance

DHS Mobile Fortify

Wired Investigation

https://www.wired.com/story/cbp-ice-dhs-mobile-fortify-face-recognition-verify-identity

One of the most important investigations published in 2026.

Key findings discussed by reporters:

• facial recognition systems may generate possible matches rather than verified identities
• systems can create accuracy concerns
• immigration agencies increasingly use biometric technologies in field operations. (WIRED)

Questions every immigration lawyer should ask:

• What is the error rate?
• How are false matches corrected?
• Can respondents challenge biometric matches?

SECTION 6

Social Media Monitoring and Government Errors

Brennan Center for Justice

Continuous Vetting Report

https://www.brennancenter.org/our-work/research-reports/continuous-vetting-all-visa-holders-impossible-threat-alone-chills-free

One of the most important critiques of large-scale social media screening.

Highlights concerns regarding:

• effectiveness
• scalability
• false positives
• chilling effects
• due process

The report notes prior DHS findings questioning whether social media screening programs could be effectively scaled. (Brennan Center for Justice)

Electronic Frontier Foundation

https://www.eff.org/issues/privacy

https://www.eff.org/issues/border-searches

Extensive resources regarding:

• government surveillance
• border searches
• digital privacy
• technology accountability

SECTION 7

Academic Research on AI Mistakes

Stanford Human-Centered Artificial Intelligence

https://hai.stanford.edu

One of the world’s leading AI research centers.

Stanford AI Index

https://aiindex.stanford.edu

Annual reports documenting AI capabilities and limitations.

GPT Detectors Are Biased Against Non-Native English Writers

https://arxiv.org/abs/2304.02819

Why immigration lawyers should read this:

Many immigration applicants are non-native English speakers.

Researchers found significant concerns regarding AI-detection accuracy and bias.

---

Humans Cannot Reliably Detect AI-Generated Text

https://arxiv.org/abs/2206.07271

Important because immigration agencies increasingly confront AI-generated content.

SECTION 8

Media Investigations into Immigration Technology

Wired

CBP Searched a Record Number of Phones at the Border

https://www.wired.com/story/cbp-searched-a-record-number-of-phones-at-the-us-border-over-the-past-year

Reports more than 55,000 electronic-device searches during FY 2025 and discusses forensic extraction technologies and surveillance concerns. (WIRED)

Washington Post

Travelers’ Rights at U.S. Borders

https://www.washingtonpost.com/travel/2025/03/21/travelers-entering-united-states-rights/

Useful overview of:

• device searches
• admissibility decisions
• traveler rights
• noncitizen risks at ports of entry. (The Washington Post)

Guardian

Phone Searches and Privacy at the Border

https://www.theguardian.com/technology/2025/mar/26/phone-search-privacy-us-border-immigration

Practical discussion of privacy risks and border-crossing strategies. (The Guardian)

SECTION 9

Questions Researchers Should Be Asking

The next generation of immigration litigation may focus on:

Transparency

How exactly are digital-vetting systems used?

Accuracy

What error rates exist?

Bias

Do algorithms disproportionately affect certain populations?

Explainability

Can applicants challenge AI-assisted conclusions?

Due Process

How can immigrants discover and correct incorrect data?

First Amendment Issues

Can social media activity become a proxy for protected speech?

Privacy

How much digital information should government agencies collect?

SECTION 10

Herman Legal Group Resources

To understand how these technologies affect real immigration cases, see:

Adjustment of Status

https://www.lawfirm4immigrants.com/adjustment-of-status/

Marriage Green Cards

https://www.lawfirm4immigrants.com/marriage-green-card/

H-1B Visas

https://www.lawfirm4immigrants.com/h1b-visa/

F-1 Student Visas

https://www.lawfirm4immigrants.com/f1-student-visa/

Asylum

https://www.lawfirm4immigrants.com/asylum/

Removal Defense

https://www.lawfirm4immigrants.com/deportation-defense/

Consultation Scheduling

https://www.lawfirm4immigrants.com/book-consultation/

Bottom Line

The immigration question is no longer simply:

“Did USCIS read my application?”

The emerging question is:

What digital information was reviewed, how was it analyzed, what technology was involved, and what happens if the technology gets it wrong?

That question will likely define immigration litigation, policy debates, and adjudications for years to come.

Richard Herman’s Predictions: 2027–2030

Over the next several years, I expect immigration adjudications to become increasingly digital.

Prediction #1

USCIS will issue more guidance involving AI-generated evidence.

Prediction #2

Deepfake detection protocols will become common.

Prediction #3

LinkedIn reviews will become increasingly important in employment-based cases.

Prediction #4

Digital consistency reviews will become routine in fraud investigations.

Prediction #5

Applicants will increasingly seek “digital footprint audits” before filing major immigration cases.

Prediction #6

Federal courts will see significant litigation involving AI-assisted government decision-making.

Prediction #7

Privacy and immigration law will become one of the fastest-growing areas of legal controversy.

Final Takeaway

Can USCIS use your digital footprint against you?

Sometimes.

Can USCIS deny a case because of social media?

Potentially.

Can USCIS deny a case because of ChatGPT?

Generally not.

The central issue is not technology.

It is credibility.

Whether evidence comes from:

• Facebook
• TikTok
• Reddit
• LinkedIn
• WhatsApp
• ChatGPT
• AI-generated content
• electronic devices
• public records

the question remains the same:

Is the information truthful?

The immigrants who are most likely to succeed are not those with perfect online histories.

They are those whose online presence, immigration filings, and real-world lives are consistent, accurate, and honest.

If you have concerns about how your digital footprint may affect your immigration case, consult experienced immigration counsel before filing.

A proactive review today may prevent a costly immigration problem tomorrow.

Concerned About What USCIS May Find Online?

If you are applying for a:

• Marriage Green Card
• Family-Based Green Card
• Employment-Based Green Card
• Adjustment of Status (I-485)
• H-1B Visa
• F-1 Student Visa
• Naturalization (N-400)
• Asylum Application
• Immigration Waiver
• Removal Defense Case

you should not assume that USCIS, DHS, CBP, or other government agencies will evaluate only the documents you submit.

Today’s immigration cases exist in a digital world.

Public social media posts, LinkedIn profiles, online business activities, public records, travel histories, AI-generated content, electronic devices, and other digital information can sometimes become part of the immigration review process. More importantly, misunderstandings, inconsistencies, mistaken identity matches, inaccurate records, credibility concerns, and controversial content can create immigration problems when they appear inconsistent with the case or suggest fraud or security concerns, even when an applicant has done nothing wrong.

The question is no longer:

“Can USCIS see my digital footprint?”

The better question is:

“Does my digital footprint tell the same story as my immigration application?”

At Herman Legal Group, we help immigrants, students, professionals, entrepreneurs, families, and employers navigate increasingly complex immigration cases in an era of enhanced screening, artificial intelligence, social media vetting, discretionary adjudications, Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), fraud investigations, and evolving government technology, where digital-footprint review can matter from the initial application through interviews, RFEs, and other immigration benefits.

For more than 30 years, Richard Herman and the Herman Legal Group team have represented immigrants throughout the United States and around the world, helping clients overcome difficult immigration challenges involving:

• Credibility issues
• Alleged inconsistencies
• Marriage-based immigration scrutiny
• USCIS fraud allegations
• Social media concerns
• Immigration interviews
• Green card denials
• Naturalization issues
• Student visa complications
• H-1B and employment-based immigration matters
• Removal and deportation defense

Before you file, before you respond to an RFE, before you attend your interview, and before a small digital issue becomes a major immigration problem, speak with an experienced immigration attorney.

Schedule a Consultation

https://www.lawfirm4immigrants.com/book-consultation/

Call Herman Legal Group

1-800-808-4013

Related Resources

• Marriage Green Cards: https://www.lawfirm4immigrants.com/marriage-green-card/
• Adjustment of Status: https://www.lawfirm4immigrants.com/adjustment-of-status/
• H-1B Visas: https://www.lawfirm4immigrants.com/h1b-visa/
• F-1 Student Visas: https://www.lawfirm4immigrants.com/f1-student-visa/
• Asylum: https://www.lawfirm4immigrants.com/asylum/
• Deportation Defense: https://www.lawfirm4immigrants.com/deportation-defense/

The Future of Immigration Is Digital. Your Immigration Strategy Should Be Too.

Whether the issue involves social media screening, AI-assisted immigration adjudications, online credibility concerns, digital evidence, electronic device searches, or evolving USCIS review practices, informed preparation can make the difference between approval and denial.

The strongest immigration cases are not built merely on forms and documents.

They are built on credibility, consistency, preparation, and experienced legal guidance.

If you are concerned about how your online presence, social media activity, digital footprint, or AI-generated content could affect your immigration case, contact Herman Legal Group today and develop a strategy before USCIS develops questions.

 

 

Immigration Consequences of Registering to Vote by Mistake

Immigration Consequences for Green Card Holders, Visa Holders, DACA Recipients, and Other Non-Citizens (2026 Ultimate Guide)

By Richard T. Herman, Immigration Attorney | Herman Legal Group

QUICK ANSWER

Yes. Registering to vote or voting as a non-citizen can create serious immigration consequences—even if it happened by mistake.

Depending on the circumstances, USCIS, ICE, CBP, or an Immigration Judge may examine:

• unlawful voting,
• voter registration,
• false claims to U.S. citizenship,
• admissibility,
• deportability,
• good moral character,
• eligibility for naturalization,
• eligibility for adjustment of status.

However, not every voter registration issue results in deportation, denial of citizenship, or loss of immigration benefits.

The outcome often depends on:

• the individual’s immigration status,
• whether registration occurred,
• whether voting occurred,
• the applicable state election law,
• whether a citizenship claim was made,
• the available evidence,
• and the specific facts of the case.

If you believe you may have registered to vote or voted by mistake, consult an immigration lawyer before filing immigration applications, applying for citizenship, or traveling internationally.

Related HLG Resources

• https://www.lawfirm4immigrants.com/dhs-investigations-of-voter-registration-by-green-card-holders-immigration-consequences-ohio-law-and-why-warning-visits-may-signal-a-larger-enforcement-effort/
• https://www.lawfirm4immigrants.com/accidental-voters-immigration-crackdown-2025/
• https://www.lawfirm4immigrants.com/u-s-citizenship-requirements/

EXECUTIVE SUMMARY

Imagine this scenario.

You are a lawful permanent resident.

You have lived in the United States for twenty years.

You pay taxes.

You own a home.

Your children are U.S. citizens.

You visit the DMV to renew your driver’s license.

The clerk asks whether you would like to register to vote.

You assume permanent residents can vote.

You sign the form.

Ten years later, you apply for U.S. citizenship.

Suddenly, USCIS asks:

• Have you ever registered to vote?
• Have you ever voted in a federal, state, or local election?
• Did you ever represent yourself to be a U.S. citizen?

What seemed like a routine DMV transaction now threatens your immigration future.

This situation is becoming increasingly common.

Across the United States, election officials, state agencies, and immigration authorities are paying closer attention to voter registration databases, citizenship verification systems, and election eligibility requirements.

As a result, immigrants are increasingly discovering voter registration issues during:

• N-400 citizenship applications,
• I-485 adjustment of status applications,
• green card renewals,
• airport inspections,
• ICE investigations,
• removal proceedings.

Some individuals intentionally register.

Many do not.

Some vote.

Many never cast a ballot.

Some mistakenly believe they are eligible.

Others are registered because of misunderstandings, administrative mistakes, or language barriers.

Yet all of these situations can trigger serious immigration consequences.

This guide explains:

• who may vote,
• who may not vote,
• how accidental voter registration occurs,
• deportation risks,
• naturalization risks,
• adjustment of status risks,
• airport and travel risks,
• false claims to citizenship,
• criminal consequences,
• and practical steps to protect yourself.

Our goal is simple:

To provide the most comprehensive immigration-law resource available on voter registration and voting by non-citizens.

WHY THIS ISSUE MATTERS MORE THAN EVER IN 2026

Historically, many voter registration issues went unnoticed.

Today, that is changing.

Federal agencies increasingly have access to:

• voter registration databases,
• DMV records,
• citizenship verification systems,
• immigration databases,
• public records.

Election officials and immigration authorities are sharing information more frequently than in previous decades.

At the same time, USCIS has expanded guidance regarding:

• unlawful voting,
• unlawful voter registration,
• false claims to U.S. citizenship,
• naturalization eligibility.

Government Resources:

• USCIS Policy Manual: https://www.uscis.gov/policy-manual
• USCIS SAVE Program: https://www.uscis.gov/save
• Vote.gov: https://vote.gov
• Voting Eligibility Guide: https://www.usa.gov/who-can-vote

Many immigrants are surprised to learn that a voter registration issue from ten or twenty years ago can suddenly become relevant during a citizenship interview or airport inspection.

ANSWER BOX:

Can a Green Card Holder Register to Vote?

Generally, no.

Lawful permanent residents are generally not eligible to vote in federal elections and generally should not register to vote.

Registering to vote may create immigration consequences, especially if the registration form contains a certification of U.S. citizenship.

Official Resources:

• https://vote.gov
• https://www.usa.gov/who-can-vote
• https://www.uscis.gov/green-card/after-we-grant-your-green-card/rights-and-responsibilities-of-a-green-card-holder-permanent-resident

WHO CAN VOTE IN THE UNITED STATES?

As a general rule, only U.S. citizens may vote in federal elections, although some jurisdictions permit noncitizens to participate in certain local elections.

This includes:

Eligibility rules for local elections vary by jurisdiction and should be confirmed before registering.

Citizens by Birth

Individuals born in the United States (with limited exceptions).

Naturalized Citizens

Immigrants who successfully complete the naturalization process and take the oath of allegiance.

For most immigrants, voting rights begin only after citizenship has been obtained.

For information about becoming a citizen, see:

https://www.lawfirm4immigrants.com/u-s-citizenship-requirements/

WHO GENERALLY CANNOT VOTE?

Many immigrants mistakenly assume they can vote because they:

• pay taxes,
• own homes,
• own businesses,
• have U.S. citizen children,
• have lived in the United States for decades.

These facts generally do not create voting eligibility.

The following individuals generally should not vote in federal elections:

Green Card Holders

H-1B Workers

F-1 Students

DACA Recipients

TPS Holders

Visitors

Asylum Applicants

Employment Authorization Holders

If you are uncertain about your eligibility, consult election authorities or qualified legal counsel before registering.

WHY USCIS CARES ABOUT VOTER REGISTRATION

Many immigrants assume:

Voting is an election issue, not an immigration issue.

Unfortunately, immigration law often treats voting-related conduct as highly relevant.

USCIS may view voter registration or voting as raising questions regarding:

• admissibility,
• removability,
• credibility,
• good moral character,
• eligibility for naturalization,
• eligibility for adjustment of status.

This is especially important during:

Naturalization

USCIS specifically asks questions about voting and voter registration. In that review, naturalization applications are closely examined for prior voter registration, voting history, and any issue suggesting a claim to U.S. citizenship.

Adjustment of Status

USCIS may consider voting-related issues when evaluating discretionary relief.

Immigration Court Proceedings

Voting allegations can become a basis for removal charges. Whether DHS can sustain the charge often depends on the relevant law governing the election at issue.

International Travel

CBP officers may inquire about voting history when reviewing returning travelers.

HOW NON-CITIZENS ACCIDENTALLY REGISTER TO VOTE

One of the biggest misconceptions is that voter registration cases always involve intentional misconduct.

That is not what we see in practice.

Many cases arise because of confusion, misunderstanding, or administrative error.

Common causes include:

DMV Registration Programs

Many states operate voter registration systems connected to driver’s license transactions.

Language Barriers

Applicants may misunderstand forms or eligibility requirements.

Clerical Errors

Government employees sometimes make mistakes.

Family Assistance

A spouse or relative may complete paperwork incorrectly.

Online Registration Confusion

Eligibility requirements may not be fully understood.

Naturalization Timing Mistakes

Some individuals mistakenly believe citizenship begins when the application is approved rather than when the oath ceremony occurs.

THE DMV AND THE “MOTOR VOTER” PROBLEM

One of the most common ways non-citizens become registered is through DMV transactions.

Under various voter registration systems, individuals renewing driver’s licenses may simultaneously be offered voter registration, with a voter registration application completed or electronically transmitted during the driver’s-license transaction.

Many immigrants later explain:

“I assumed the government would not offer registration if I was not eligible.”

Unfortunately, immigration authorities may not view the situation so simply.

Common issues include:

• rushed transactions,
• misunderstandings,
• language barriers,
• software errors,
• clerical mistakes,
• incorrect assumptions, and cases where people later say they were unknowingly registered through the process.

This issue has become significant enough that election officials, immigration lawyers, and media organizations have increasingly discussed accidental registrations.

Related HLG Articles:

• https://www.lawfirm4immigrants.com/dhs-investigations-of-voter-registration-by-green-card-holders-immigration-consequences-ohio-law-and-why-warning-visits-may-signal-a-larger-enforcement-effort/
• https://www.lawfirm4immigrants.com/accidental-voters-immigration-crackdown-2025/

REGISTERING TO VOTE IS DIFFERENT FROM VOTING

This distinction is critical.

Many immigrants believe:

I registered but never voted, so I have no problem.

The law is often more complicated.

A person may:

• register but never vote,
• vote after registering,
• be registered without realizing it,
• sign a voter registration form containing a citizenship certification.

Each scenario creates different legal questions, and immigration officials must determine which act occurred and whether the issue involved registration, voting, or a citizenship certification.

Signing a form can be a different act from casting a ballot, so each must be analyzed separately.

Immigration authorities frequently analyze voter registration separately from actual voting.

Understanding that distinction is essential to evaluating immigration risk.

COMMON REAL-LIFE SCENARIOS

Scenario 1

A lawful permanent resident registers at the DMV but never votes.

Scenario 2

An F-1 student mistakenly completes a voter registration form.

Scenario 3

A green card holder votes in a local election believing it is allowed.

Scenario 4

An immigrant registers to vote after naturalization approval but before taking the oath ceremony.

Scenario 5

A family member completes registration paperwork on behalf of an immigrant.

Although these situations may appear similar, the legal consequences can be dramatically different.

WHAT USCIS MAY REVIEW

When voter registration becomes an issue, USCIS, ICE, or CBP may review:

• voter registration records,
• voter registration applications,
• voting history reports,
• election board records,
• DMV records,
• immigration applications,
• prior statements,
• citizenship certifications,
• naturalization filings,
• public records.

As a result, these cases often require a careful review of both immigration records and election records.

NEED A CONSULTATION WITH RICHARD?

Concerned that you may have registered to vote or voted by mistake?

Do not wait until:

• your citizenship interview,
• your adjustment of status interview,
• an airport inspection,
• or immigration court proceedings.

Schedule a consultation with Richard Herman or another Herman Legal Group attorney:

https://www.lawfirm4immigrants.com/book-consultation/

Phone: 1-800-808-4013

DEPORTATION, FALSE CLAIMS TO U.S. CITIZENSHIP, CRIMINAL EXPOSURE, AND DEFENSES

THE LEGAL HEART OF THE PROBLEM: WHY VOTER REGISTRATION CASES CAN BECOME IMMIGRATION EMERGENCIES

Many immigrants assume that voter registration issues are primarily election-law problems.

In reality, voter registration and voting can trigger consequences across multiple areas of immigration law simultaneously.

A single voter registration incident may implicate:

• Deportability
• Inadmissibility
• Naturalization eligibility
• Good moral character
• Adjustment of status eligibility
• False claims to U.S. citizenship
• Criminal exposure

Congress added the unlawful voting provisions to the Immigration and Nationality Act in 1996, which is why older conduct can still be reviewed under the modern framework.

This overlap is one reason why these cases are often far more serious than applicants initially realize.

A green card holder who accidentally registered at the DMV may discover years later that the issue affects:

• citizenship eligibility,
• international travel,
• a pending adjustment application,
• or even continued lawful permanent resident status.

As USCIS has emphasized in recent policy updates, unlawful voting, unlawful voter registration, and false claims to U.S. citizenship are now receiving increased attention in both naturalization and admissibility determinations. (USCIS)

INA § 237(a)(6): DEPORTABILITY FOR UNLAWFUL VOTING

One of the most serious risks is deportation.

The principal deportability provision is INA § 237(a)(6).

The statute provides that:

Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.

At first glance, this language appears extraordinarily broad, and a person may be subject to deportation if DHS proves the voting violated the applicable law.

Unlike many criminal statutes, INA § 237(a)(6) does not expressly contain a separate immigration-law intent requirement.

This has led many immigration practitioners to characterize the provision as operating similarly to a strict-liability deportability ground.

DHS often frames the issue as:

Did the person vote in violation of a law?

If the answer is yes, the government may argue removability.

However, the analysis is usually more complicated, and exceptions to deportability for unlawful voting are very limited.

WHY STATE LAW OFTEN DETERMINES THE OUTCOME

A critical point that many articles overlook:

INA § 237(a)(6) does not itself define every element of unlawful voting.

Instead, the statute asks whether the person voted:

“in violation of” a federal, state, or local law.

This means the outcome often depends on the relevant law in the state or locality.

Different states have different requirements.

Some election statutes require proof that the person:

• knowingly voted,
• knew he or she was ineligible,
• intentionally violated election laws,
• or made a knowing false statement.

Counsel must also determine whether the conduct qualifies as an unlawful act under the specific statute being invoked.

Others are drafted differently.

As a result, two immigrants with nearly identical facts may face different legal outcomes depending upon the state involved.

This is one reason why voting-related removal cases often require detailed analysis of election law in addition to immigration law.

DOES DHS NEED A CRIMINAL CONVICTION?

No.

This is one of the most misunderstood aspects of immigration law.

Many people believe:

“If I was never criminally charged, I must be safe.”

That assumption is often incorrect.

DHS does not necessarily need:

• an arrest,
• an indictment,
• a criminal prosecution,
• a criminal conviction,

to pursue immigration consequences.

Instead, DHS may rely on:

• voter registration records,
• voting history records,
• election board records,
• admissions,
• sworn statements,
• documentary evidence.

This distinction is critically important.

A person may face removal proceedings even though no prosecutor ever filed criminal charges.

BURDEN OF PROOF IN REMOVAL PROCEEDINGS

The government bears the burden of establishing deportability.

That burden is not trivial.

Questions often arise regarding:

• whether registration actually occurred,
• whether voting actually occurred,
• whether records are reliable,
• whether records are authenticated,
• whether all elements of the underlying election law have been proven.

In many cases, evidentiary disputes become central.

For example:

• voter registration records may be incomplete,
• election records may be purged,
• database entries may contain inaccuracies,
• election officials may lack firsthand knowledge.

These issues frequently become major litigation battlegrounds.

CAN REGISTERING TO VOTE ALONE MAKE SOMEONE DEPORTABLE?

Not necessarily.

Voting and registration are different actions.

An individual may:

• register but never vote,
• be registered without realizing it,
• be automatically registered,
• sign a registration form without understanding it.

This distinction matters enormously.

While actual voting can trigger INA § 237(a)(6), registration frequently raises different issues.

In many cases, the more significant concern becomes whether the registration process involved a false claim to U.S. citizenship.

THE BIGGER IMMIGRATION DANGER: FALSE CLAIMS TO U.S. CITIZENSHIP

For many immigrants, the greatest legal danger is not voting.

It is the possibility that USCIS concludes they falsely claimed to be a U.S. citizen.

This issue arises because most voter registration forms require some type of certification of citizenship. Falsely claiming U.S. citizenship can also create criminal exposure under 18 U.S.C. § 1015, and false claims to citizenship are governed by 8 USC § 1015.

Many forms require applicants to affirm:

I am a United States citizen.

If USCIS concludes that a non-citizen falsely represented himself or herself as a citizen by falsely claiming U.S. citizenship, the consequences can be severe.

USCIS’s Policy Manual specifically addresses false claims to citizenship and explains that a false claim made in connection with voting or voter registration may trigger separate immigration consequences. (USCIS)

WHY FALSE CLAIM CASES ARE OFTEN MORE DANGEROUS THAN VOTING CASES

Many immigration lawyers view false claims to citizenship as one of the harshest grounds in immigration law.

Why?

Because available waivers are extremely limited (for example for those applying for adjustment of status).

USCIS explains that false claims to citizenship made on or after September 30, 1996 can create permanent inadmissibility consequences in many situations, and waivers are generally unavailable for most immigrants seeking permanent residence. (USCIS)

In practical terms, a false-claim allegation may become more damaging than the voting issue itself.

This is why careful factual analysis is essential.

Questions include:

• What exactly did the applicant sign?
• What language was used?
• Was a citizenship certification present?
• Did the person understand the form?
• Was the statement knowing?
• Was there confusion or mistake?

RECENT USCIS POLICY CHANGES

In 2025, USCIS issued additional policy guidance addressing:

• unlawful voting,
• unlawful voter registration,
• false claims to U.S. citizenship,
• good moral character.

These updates specifically mention false claims made during voter registration processes and unlawful voting in the naturalization context. (USCIS)

This means voting-related issues are increasingly appearing in citizenship adjudications.

IMPACT ON GOOD MORAL CHARACTER

Naturalization applicants must establish good moral character.

USCIS has specifically updated guidance addressing:

• unlawful voting,
• unlawful voter registration,
• false claims to citizenship,

within the naturalization context. (USCIS)

As a result, voting-related conduct may become relevant even if:

• no criminal charges were filed,
• no conviction occurred,
• many years have passed.

The analysis is often highly fact-specific.

CRIMINAL CONSEQUENCES

Although most immigrants focus on immigration consequences, criminal exposure can also exist.

Federal law prohibits voting by aliens in federal elections under certain circumstances, and depending on the statute and the required mental state, the violation may be treated as a misdemeanor or a felony.

Relevant authorities include:

• 18 U.S.C. § 611
• 18 U.S.C. § 1015
• 18 U.S.C. § 911

Depending upon the facts, state election laws may also apply. (Bipartisan Policy Center)

However, it is important to understand:

Immigration consequences and criminal consequences are separate issues.

A person may face immigration consequences even if:

• no criminal charges are filed,
• prosecutors decline prosecution,
• no conviction is entered.

WHAT IF YOU HONESTLY BELIEVED YOU WERE ELIGIBLE?

This is one of the most important factual questions in many cases.

Common examples include:

• DMV misunderstandings,
• language barriers,
• family misinformation,
• mistaken assumptions about green card rights,
• confusion regarding citizenship status.

The legal significance of these facts depends upon the specific immigration issue being analyzed.

For example:

The relevance of intent may differ when evaluating:

• removability,
• inadmissibility,
• false claims to citizenship,
• good moral character.

This is why obtaining records and conducting a detailed factual investigation is often essential before drawing conclusions.

RICHARD HERMAN’S OBSERVATION

After decades of practicing immigration law, one pattern appears repeatedly:

Most voter registration cases do not begin with fraud.

They begin with confusion.

The most common scenarios involve:

• DMV interactions,
• language barriers,
• long-term permanent residents,
• mistaken assumptions about eligibility,
• administrative mistakes.

Unfortunately, immigration law can impose severe consequences even where the individual never intended to violate election laws.

That reality makes early intervention critically important.

RELATED HLG RESOURCES

Readers should also review:

• DHS Investigations of Voter Registration by Green Card Holders:
  https://www.lawfirm4immigrants.com/dhs-investigations-of-voter-registration-by-green-card-holders-immigration-consequences-ohio-law-and-why-warning-visits-may-signal-a-larger-enforcement-effort/
• How Accidental Voters Are Facing Harsh Immigration Consequences:
  https://www.lawfirm4immigrants.com/accidental-voters-immigration-crackdown-2025/
• U.S. Citizenship Requirements:
  https://www.lawfirm4immigrants.com/u-s-citizenship-requirements/

Contact Richard

If you:

• registered to vote by mistake,
• voted before becoming a citizen,
• checked the wrong box at the DMV,
• received a voter registration card unexpectedly,
• are preparing to apply for citizenship,
• are applying for a green card,
• are facing questions from USCIS, CBP, or ICE,

consult an experienced immigration attorney before filing applications or responding to agency questions.

Schedule a consultation:

https://www.lawfirm4immigrants.com/book-consultation/

Phone: 1-800-808-4013

NATURALIZATION, ADJUSTMENT OF STATUS, INTERNATIONAL TRAVEL, OHIO-SPECIFIC RISKS, AND RICHARD HERMAN’S PREDICTIONS

NATURALIZATION: WHERE MANY IMMIGRANTS FIRST DISCOVER A PROBLEM

For many immigrants, voter registration issues remain hidden for years.

The problem often surfaces for the first time during the naturalization process, and naturalization applications are often where old registration or voting issues first come to light.

When filing Form N-400, applicants are placed under oath and questioned about:

• voter registration,
• voting history,
• claims of U.S. citizenship,
• prior interactions with government agencies.

USCIS specifically asks questions relating to voting and voter registration because Congress has determined that unlawful voting and false claims to citizenship may affect eligibility for naturalization. USCIS officers may also review internal file materials, including USCIS notes, when evaluating the issue.

Official USCIS Resources:

• USCIS Policy Manual – Naturalization: https://www.uscis.gov/policy-manual/volume-12
• USCIS N-400 Information: https://www.uscis.gov/n-400

Related HLG Resources:

• U.S. Citizenship Requirements: https://www.lawfirm4immigrants.com/u-s-citizenship-requirements/
• Citizenship Through Naturalization: https://www.lawfirm4immigrants.com/category/citizenship-naturalization/

QUESTIONS USCIS MAY ASK DURING A NATURALIZATION INTERVIEW

Applicants should expect detailed questions if USCIS discovers voter registration records.

Typical questions include:

• Have you ever registered to vote?
• Have you ever voted?
• Did you believe you were eligible?
• How did the registration occur?
• Did someone assist you?
• Did you register through the DMV?
• Did you sign a citizenship certification?
• Have you ever represented yourself as a U.S. citizen?

Many applicants underestimate the importance of these questions.

A seemingly simple answer may have significant legal implications.

This is one reason why individuals with voter registration issues should seek legal advice before filing an N-400.

GOOD MORAL CHARACTER AND VOTING ISSUES

One of the most misunderstood aspects of naturalization is the concept of Good Moral Character (GMC).

To become a U.S. citizen, applicants must demonstrate GMC during the statutory period and, in some cases, beyond.

USCIS’s updated guidance specifically discusses:

• unlawful voting,
• unlawful voter registration,
• false claims to citizenship.

Government Resource:

• USCIS Policy Manual Volume 12 (Citizenship and Naturalization): https://www.uscis.gov/policy-manual/volume-12

This does not mean every voter registration issue automatically destroys a GMC claim.

However, USCIS may investigate:

• the circumstances surrounding registration,
• the applicant’s intent,
• credibility,
• truthfulness during the immigration process.

REQUESTS FOR EVIDENCE (RFEs) AND NOTICES OF INTENT TO DENY (NOIDs)

When USCIS identifies potential voting-related concerns, it may issue:

Request for Evidence (RFE)

An RFE requests additional documentation.

Examples include:

• voter registration records,
• election board records,
• DMV records,
• affidavits,
• explanations.

Notice of Intent to Deny (NOID)

A NOID is more serious.

USCIS informs the applicant that the agency intends to deny the application unless persuasive evidence is submitted.

ADJUSTMENT OF STATUS: A GROWING AREA OF RISK

Naturalization is not the only area where voter registration matters.

Increasingly, adjustment of status applicants face scrutiny regarding:

• voter registration,
• voting history,
• false claims to citizenship.

This is especially significant in light of USCIS’s expanded focus on discretion in adjustment cases.

Official USCIS Resource:

• Adjustment of Status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status

Related HLG Resources:

• Adjustment of Status Guide: https://www.lawfirm4immigrants.com/category/adjustment-of-status/
• Marriage-Based Green Cards: https://www.lawfirm4immigrants.com/category/marriage-green-card/

WHY THE NEW USCIS DISCRETION MEMO MATTERS

USCIS officers increasingly evaluate the totality of circumstances when adjudicating adjustment applications.

Voting-related conduct may be viewed as relevant to:

• discretion,
• credibility,
• compliance with law,
• truthfulness.

As a result, voter registration issues that once might have received little attention may now receive heightened scrutiny.

This makes pre-filing legal review more important than ever.

IMPACT ON MARRIAGE-BASED GREEN CARD CASES

Many applicants assume:

“My spouse is a U.S. citizen, so everything will be fine.”

Unfortunately, voting-related issues can still create complications.

USCIS may examine:

• whether a false claim to citizenship occurred,
• admissibility,
• credibility,
• discretionary factors.

Related HLG Resources:

• Marriage Green Card Process: https://www.lawfirm4immigrants.com/category/marriage-green-card/

IMPACT ON EMPLOYMENT-BASED GREEN CARD CASES

Employment-based immigrants are not immune.

Voting-related issues may arise in:

• EB-1 cases,
• EB-2 cases,
• EB-3 cases,
• physician immigration cases,
• PERM-based applications.

USCIS officers evaluating admissibility may examine voter registration records regardless of the underlying immigrant category.

INTERNATIONAL TRAVEL RISKS

Many immigrants discover voting-related issues while returning from international travel.

CBP officers possess access to extensive federal databases.

Returning travelers may encounter:

• secondary inspection,
• extended questioning,
• review of voting history,
• review of voter registration records.

Official CBP Resource:

• CBP Travel Information: https://www.cbp.gov/travel

CAN CBP SEE MY VOTER REGISTRATION RECORDS?

This is one of the most common questions immigrants ask.

The reality is that CBP officers have access to a wide range of federal and state information systems.

Whether a specific record is available depends upon:

• the jurisdiction,
• the database,
• information-sharing agreements,
• the circumstances of inspection.

The better question is:

Assume the government can eventually obtain the record.

If the answer creates concern, legal preparation is advisable before travel.

RETURNING GREEN CARD HOLDERS FACE UNIQUE RISKS

Many significant voting-related cases begin at ports of entry.

CBP officers may ask:

• Are you registered to vote?
• Have you ever voted?
• Did you claim U.S. citizenship?

These questions often surprise returning lawful permanent residents. Do not answer these type of questions without first conferring with competent legal counsel.

Related HLG Resource:

• DHS Investigations of Voter Registration by Green Card Holders:
  https://www.lawfirm4immigrants.com/dhs-investigations-of-voter-registration-by-green-card-holders-immigration-consequences-ohio-law-and-why-warning-visits-may-signal-a-larger-enforcement-effort/

OHIO-SPECIFIC CONSIDERATIONS

Because Herman Legal Group serves clients throughout Ohio, it is important to discuss Ohio-specific issues.

Ohio maintains voter registration records through the:

Official Resource:

• Ohio Secretary of State:
  https://www.ohiosos.gov/elections/

Ohio residents frequently register to vote through:

• BMV transactions,
• online registration systems,
• paper registration forms.

Ohio immigrants who discover a registration issue should promptly obtain:

• voter registration records,
• voting history,
• BMV records.

These records often become critical evidence.

WHY OHIO IMMIGRANTS SHOULD TAKE THIS ISSUE SERIOUSLY

Ohio is home to:

• large immigrant communities,
• numerous naturalization applicants,
• major international airports,
• active federal immigration enforcement.

A voter registration issue that appears insignificant today may become highly relevant during:

• citizenship applications,
• green card applications,
• airport inspections,
• immigration court proceedings.

WHAT RICHARD HERMAN IS SEEING IN REAL CASES

After more than three decades practicing immigration law, Richard Herman has observed several recurring themes.

Most voter registration cases do not begin with intentional fraud.

Instead, they frequently involve:

• DMV misunderstandings,
• language barriers,
• confusion regarding green card rights,
• mistaken assumptions,
• administrative mistakes.

Many individuals are genuinely shocked to learn that voter registration may create immigration consequences.

RICHARD HERMAN’S PREDICTIONS FOR 2026–2027

Based on current enforcement trends, several developments appear likely.

Prediction #1: More Naturalization Scrutiny

USCIS will continue increasing review of:

• voter registration,
• voting history,
• false claims to citizenship.

Prediction #2: More Requests for Evidence

Applicants should expect additional documentation requests.

Prediction #3: More Airport Referrals

CBP officers will continue referring certain cases for additional review.

Prediction #4: More ICE Investigations

Recent enforcement efforts suggest voter-registration-related investigations may continue expanding.

Related HLG Article:

• How Accidental Voters Are Facing Harsh Immigration Consequences:
  https://www.lawfirm4immigrants.com/accidental-voters-immigration-crackdown-2025/

WHAT SHOULD YOU DO IF THIS HAPPENED TO YOU?

If you believe you may have:

• registered to vote,
• voted by mistake,
• been registered through the DMV,
• signed a citizenship certification,

consider the following steps.

Step 1: Do Not Panic

Many cases are defensible.

Step 2: Obtain Records

Request:

• voter registration records,
• voting history,
• DMV records.

Step 3: Preserve Evidence

Do not destroy documents.

Step 4: Seek Legal Advice

These cases are highly fact-specific.

Step 5: Plan Before Filing

Do not file:

• N-400 applications,
• I-485 applications,
• immigration benefits,

without understanding the legal implications.

HAVE A QUESTION?

Concerned about voter registration, voting history, citizenship eligibility, or potential immigration consequences?

Schedule a consultation with Richard Herman or another Herman Legal Group attorney.

Book Online:

https://www.lawfirm4immigrants.com/book-consultation/

Phone:

1-800-808-4013

With more than 30 years of immigration law experience, Richard Herman and the Herman Legal Group team help immigrants nationwide evaluate complex citizenship, green card, deportation defense, and voter registration issues.

OVERVIEW SUMMARY & FAQS

Registered to Vote by Mistake? Here’s What You Need to Know

If you are not a U.S. citizen and you:

• registered to vote,
• voted in an election,
• checked a citizenship box by mistake,
• were registered through the DMV,
• signed voter registration paperwork without understanding it,

you may face immigration consequences.

Potential consequences include:

• Naturalization denial
• Adjustment of status complications
• False claim to U.S. citizenship allegations
• Good moral character issues
• Deportation proceedings
• International travel complications

However, not every case results in immigration penalties.

The outcome depends on:

• your immigration status,
• whether registration occurred,
• whether voting occurred,
• whether a citizenship claim was made,
• the applicable election law,
• the evidence available,
• and the specific facts of your case.

For many immigrants, early legal review can significantly improve the outcome.

FEATURED ANSWER

Can a Green Card Holder Register to Vote?

Generally, no.

Lawful permanent residents typically may not vote in federal elections and generally should not register to vote.

Registering to vote may create immigration consequences, particularly if the registration involved a certification of U.S. citizenship.

Government Resources:

• https://vote.gov
• https://www.usa.gov/who-can-vote
• https://www.uscis.gov/green-card/after-we-grant-your-green-card/rights-and-responsibilities-of-a-green-card-holder-permanent-resident

FEATURED ANSWER

Can Registering to Vote by Mistake Cause Deportation?

Potentially.

A non-citizen who votes in violation of federal, state, or local election laws may face deportability allegations under INA § 237(a)(6).

Additionally, voter registration may create separate concerns regarding false claims to U.S. citizenship.

Each case requires an individualized legal analysis.

FEATURED ANSWER

Can USCIS See My Voter Registration Records?

Potentially yes.

USCIS may review:

• voter registration records,
• voting history records,
• DMV records,
• election board records,
• statements made on immigration applications.

Government Resources:

• USCIS Policy Manual:
  https://www.uscis.gov/policy-manual
• USCIS SAVE:
  https://www.uscis.gov/save

FREQUENTLY ASKED QUESTIONS

Can a Green Card Holder Vote in a Presidential Election?

No.

Lawful permanent residents generally may not vote in federal elections.

Official Resource:

https://www.usa.gov/who-can-vote

---

Can a Green Card Holder Register to Vote?

Generally no.

Registering may create immigration consequences.

---

Can an H-1B Worker Vote?

No.

Temporary work authorization does not create voting eligibility.

---

Can an F-1 Student Register to Vote?

Generally no.

International students should assume they are not eligible unless specifically advised otherwise by election authorities.

---

Can DACA Recipients Vote?

Generally no.

DACA does not confer citizenship or voting eligibility.

---

Can TPS Holders Vote?

Generally no.

Temporary Protected Status does not provide voting rights.

---

What If I Registered But Never Voted?

Registration alone may still create immigration concerns.

This is particularly true if the registration process involved a citizenship certification.

---

What If I Voted Only Once?

A single vote can still create immigration consequences.

The legal analysis depends on:

• the election,
• the state law,
• the circumstances,
• the evidence.

---

What If I Voted Twenty Years Ago?

Older conduct may still become relevant.

Many individuals first discover voter-registration issues decades later during naturalization proceedings.

---

What If the DMV Registered Me?

DMV-related registrations are among the most common scenarios.

Important evidence may include:

• DMV records,
• voter registration applications,
• transaction history.

Related HLG Resource:

https://www.lawfirm4immigrants.com/accidental-voters-immigration-crackdown-2025/

---

What If Someone Else Registered Me?

That fact may be legally significant.

Evidence regarding who completed the registration can become important.

---

Can USCIS See DMV Records?

Potentially yes.

Government agencies may access various records during adjudications.

---

Can USCIS See My Voting History?

Potentially yes.

USCIS may review election records and related documentation.

---

Does Voting Affect Good Moral Character?

Potentially.

USCIS has specifically updated guidance addressing:

• unlawful voting,
• unlawful voter registration,
• false claims to citizenship.

Government Resource:

https://www.uscis.gov/policy-manual/volume-12

USCIS also issued policy guidance in 2025 addressing good moral character, unlawful voting, unlawful voter registration, and false claims to U.S. citizenship in the naturalization context. (USCIS)

---

Does Voting Affect Naturalization?

Potentially yes.

USCIS may review voter registration and voting history during N-400 adjudications. USCIS updated policy guidance to address unlawful voting, unlawful voter registration, and false claims to U.S. citizenship in naturalization cases. (USCIS)

---

Does Voting Affect Adjustment of Status?

Potentially.

USCIS may examine:

• admissibility,
• credibility,
• discretion,
• false claims to citizenship.

Related HLG Resource:

https://www.lawfirm4immigrants.com/category/adjustment-of-status/

---

Can Voting Cause Deportation?

Potentially.

INA § 237(a)(6) provides a deportability ground for certain unlawful voting conduct.

---

Can Registering to Vote Cause Deportation?

Potentially.

Although registration and voting are different acts, voter registration may trigger separate immigration concerns.

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What Is a False Claim to U.S. Citizenship?

A false claim occurs when a noncitizen affirmatively represents that he or she is a U.S. citizen when that representation is false. USCIS guidance states the claim can be oral, written, or supported by submitted evidence and does not need to be under oath. (USCIS)

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Why Is a False Claim to Citizenship So Serious?

Because waivers are often unavailable.

False-claim allegations frequently become the most serious issue in voter registration cases. USCIS revised guidance on false claims to citizenship in 2025 and continues to treat this as a significant inadmissibility ground. (USCIS)

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Can I Be Denied Citizenship Because of Voting?

Potentially.

USCIS guidance now specifically discusses unlawful voting and unlawful voter registration in the naturalization context. (USCIS)

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What If I Never Intended to Break the Law?

Intent may matter depending on:

• the immigration issue,
• the election law,
• the evidence.

Many cases involve misunderstandings rather than fraud.

Notably, USCIS has previously clarified that applicants who did not complete or sign voter-registration sections, or who did not affirmatively indicate U.S. citizenship, may have important defenses. (AILA)

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Can I Travel Internationally If This Issue Exists?

You should consult counsel before international travel.

CBP may ask questions regarding:

• voter registration,
• voting history,
• citizenship claims.

You should not discuss these issues with law enforcement until you discuss with your lawyer.

Government Resource:

https://www.cbp.gov/travel

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Can CBP Question Me About Voting?

Yes.

CBP officers may question returning travelers regarding immigration-related matters. Do not discuss with CBP until you talk with your lawyer.

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Should I Cancel My Voter Registration?

Possibly.

Before taking action, consult counsel so a comprehensive strategy can be developed.

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What Records Should I Obtain?

Request:

• voter registration records,
• voting history,
• DMV records,
• election board correspondence.

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Should I Hire an Immigration Lawyer?

These cases often involve complex interactions between:

• immigration law,
• election law,
• federal law,
• state law,
• fact-specific record review, so hiring an experienced immigration attorney is strongly recommended.

Removal issues, if they arise, may also involve questions of prosecutorial discretion.

RESOURCE DIRECTORY

Herman Legal Group Resources

Voter Registration and Voting

• https://www.lawfirm4immigrants.com/dhs-investigations-of-voter-registration-by-green-card-holders-immigration-consequences-ohio-law-and-why-warning-visits-may-signal-a-larger-enforcement-effort/
• https://www.lawfirm4immigrants.com/accidental-voters-immigration-crackdown-2025/

Citizenship and Naturalization

• https://www.lawfirm4immigrants.com/u-s-citizenship-requirements/

Adjustment of Status

• https://www.lawfirm4immigrants.com/category/adjustment-of-status/

Marriage Green Cards

• https://www.lawfirm4immigrants.com/category/marriage-green-card/

Deportation Defense

• https://www.lawfirm4immigrants.com/category/deportation-defense/

Resource Directory: Accidental Voters, Voter Registration, and Immigration Consequences

The following resources include DOJ enforcement actions, USCIS policy guidance, election-law resources, and mainstream media reporting that can help readers better understand the legal and practical consequences of accidental voter registration and voting.”

U.S. Department of Justice Press Releases and Enforcement Actions

These DOJ announcements are useful because they show how federal authorities have recently approached allegations involving non-citizen voting, voter registration, false claims to citizenship, and naturalization-related fraud.

DOJ: Aliens Charged with Illegally Voting in a Federal Election and Making False Statements While Registering to Vote

https://www.justice.gov/usao-nj/pr/aliens-charged-illegally-voting-federal-election-and-making-false-statements-while

Key takeaway:
Federal prosecutors alleged that non-citizens falsely certified U.S. citizenship on voter registration forms and later voted in a federal election. (Justice.gov)

DOJ: Multiple Aliens Charged with Illegally Voting in Federal Elections and Making False Statements

https://www.justice.gov/usao-nj/pr/multiple-aliens-charged-illegally-voting-federal-elections-and-making-false-statements

Key takeaway:
The DOJ linked alleged unlawful voting to naturalization-related false statement charges and citizenship procurement allegations. (Justice.gov)

DOJ: Alien Charged with Illegal Voting in Federal Elections

https://www.justice.gov/usao-ednc/pr/alien-charged-illegal-voting-federal-elections

Key takeaway:
Federal prosecutors pursued charges based on alleged voting activity spanning many years. (Justice.gov)

DOJ: Alien Guilty of Using False Claim of Citizenship to Illegally Vote

https://www.justice.gov/usao-ednc/pr/alien-guilty-using-false-claim-citizenship-illegally-vote

Key takeaway:
Illustrates how voting allegations frequently become false-claim-to-citizenship cases. (Justice.gov)

DOJ: Jamaican National Pleads Guilty to Illegally Voting in Presidential Primary Election

https://www.justice.gov/usao-ndfl/pr/jamaican-national-pleads-guilty-illegally-voting-presidential-primary-election

Key takeaway:
Recent federal prosecution involving an alleged non-citizen voting offense under federal law. (Justice.gov)

DOJ: Federal Authorities Charge Nineteen with Voter Fraud

https://www.justice.gov/usao-mdnc/pr/federal-authorities-charge-nineteen-voter-fraud

Key takeaway:
Includes prosecutions involving alleged violations of 18 U.S.C. §§ 611, 911, and 1015(f). (Justice.gov)

Federal Statutes and Government Guidance

18 U.S.C. § 611 — Voting by Aliens

https://www.law.cornell.edu/uscode/text/18/611

The principal federal criminal statute prohibiting voting by non-citizens in federal elections. (Legal Information Institute)

USCIS Policy Manual

https://www.uscis.gov/policy-manual

Primary USCIS guidance on naturalization, admissibility, false claims to citizenship, and good moral character.

USCIS Policy Update: Good Moral Character, Unlawful Voting, and False Claims to Citizenship

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250829-VoterRegistrationGMC.pdf

Important 2025 USCIS guidance specifically addressing unlawful voting, unlawful voter registration, false claims to citizenship, and naturalization eligibility. (USCIS)

USCIS SAVE Program

https://www.uscis.gov/save

Government verification system frequently discussed in connection with citizenship verification and voter registration review.

Vote.gov

https://vote.gov

Official federal voter registration portal.

Voting Eligibility Guide

https://www.usa.gov/who-can-vote

https://vote.gov

Federal guidance regarding voting eligibility.

USCIS

• https://www.uscis.gov/policy-manual
• https://www.uscis.gov/save
• https://www.uscis.gov/n-400
• https://www.uscis.gov/green-card

CBP

• https://www.cbp.gov/travel

Federal Law

• https://www.law.cornell.edu/uscode/text/18/611

Mainstream Media Reporting

PBS NewsHour: Voter Registration Error Risks Deportation for Immigrants

https://www.pbs.org/newshour/nation/voter-registration-error-risks-deportation-for-immigrants

One of the best national reports discussing immigrants who were mistakenly registered and later faced immigration consequences. PBS reported that hundreds of individuals who acknowledged they were not citizens were mistakenly registered and some ultimately voted. (PBS)

Reuters: What Have State and Private Reviews Found About Non-Citizen Voting?

https://www.reuters.com/world/us/noncitizen-voters-rarity-us-elections-state-private-reviews-show-2024-10-03/

Reuters reviewed state investigations and research concerning allegations of non-citizen voting. Reuters reported that known examples were relatively limited compared to overall voter participation. (Reuters)

Reuters: U.S. Supreme Court Revives Virginia’s Voter Roll Purge

https://www.reuters.com/world/us/us-supreme-court-revives-virginias-voter-roll-purge-1600-purported-noncitizens-2024-10-30/

Discusses state efforts to identify and remove suspected non-citizens from voter rolls and the risk that naturalized citizens can be mistakenly affected. (Reuters)

Associated Press: Iowa Finds Several Dozen Instances of Noncitizens Voting in a Past Election

https://apnews.com/article/622235f2771a372801a5e3c4d1a86343

Examines state investigations into voter registration and voting by individuals who had previously identified themselves as non-citizens. (AP News)

NPR: 6 Facts About False Noncitizen Voting Claims and the Election

Provides useful context regarding the public debate surrounding non-citizen voting and the available evidence. (VPM)

TIME Magazine: Trump Keeps Railing Against Non-Citizen Voting. Research Shows It’s Extremely Rare

https://time.com/7381495/trump-non-citizen-voter-fraud-claims-research-immigration/

Reviews multiple investigations and studies concerning alleged non-citizen voting and voter registration. (Time)

Washington Post: DOJ Struggles as White House Presses on Voter Fraud

https://www.washingtonpost.com/politics/2026/02/20/trump-voting-fraud-justice-department/

Discusses recent federal efforts to investigate alleged non-citizen voting and voter fraud. (The Washington Post)

Election Integrity Research and Policy Analysis

Center for Election Innovation and Research (CEIR)

Update: Review of Claims of Noncitizen Registrants and Voters
https://electioninnovation.org/research/noncitizen-analysis-update/

Comprehensive review of public claims involving non-citizen voter registration, accidental registrations, database errors, and alleged voting incidents. (Election Innovation & Research)

Fair Elections Center

Voting By Noncitizens Is a Non-Issue
https://fairelectionscenter.org/voting-by-noncitizens-is-a-non-issue/

Reviews state investigations and voter registration data concerning non-citizen voting allegations. (Fair Elections Center)

University of St. Thomas Research

Driver’s Licenses for All Meets Automatic Voter Registration
https://researchonline.stthomas.edu/view/pdfCoverPage?download=true&filePid=13458874580003691&instCode=01CLIC_STTHOMAS

Explores how automatic voter registration systems and driver’s-license programs may inadvertently lead to registration of ineligible individuals. (St. Thomas Research Online)

Herman Legal Group Resources

DHS Investigations of Voter Registration by Green Card Holders

https://www.lawfirm4immigrants.com/dhs-investigations-of-voter-registration-by-green-card-holders-immigration-consequences-ohio-law-and-why-warning-visits-may-signal-a-larger-enforcement-effort/

How Accidental Voters Are Facing Harsh Immigration Consequences in 2025–2026

https://www.lawfirm4immigrants.com/accidental-voters-immigration-crackdown-2025/

U.S. Citizenship Requirements Guide

https://www.lawfirm4immigrants.com/u-s-citizenship-requirements/

Concerned About Voter Registration, Voting History, or Citizenship Eligibility?

If you:

• registered to vote by mistake,
• voted before becoming a citizen,
• were registered through the DMV,
• received a voter registration card unexpectedly,
• are preparing to apply for citizenship,
• are filing for a green card,
• are facing questions from USCIS, ICE, or CBP,

you should seek legal advice immediately.

These cases are highly fact-specific.

Small differences in the facts may completely change the legal outcome.

Schedule a Consultation with Herman Legal Group

Book Online:

https://www.lawfirm4immigrants.com/book-consultation/

Phone:

1-800-808-4013

With more than 30 years of immigration law experience, Richard Herman and the Herman Legal Group team help immigrants nationwide evaluate complex citizenship, green card, deportation defense, and voter-registration issues.

FINAL THOUGHTS

Most voter-registration cases do not begin with fraud.

They begin with confusion.

A misunderstood DMV transaction.

A language barrier.

A mistaken assumption.

An automatic registration process.

Unfortunately, immigration consequences can arise years later.

The good news is that many cases are defensible.

The key is identifying the issue early, obtaining the correct records, and developing a strategy before filing immigration applications or traveling internationally.

That is why understanding your rights—and acting before a problem escalates—is often the most important step you can take.

 

 

About Richard T. Herman, Esq.

Richard T. Herman is a nationally recognized immigration attorney, author, speaker, policy advocate, and founder of Herman Legal Group, the Law Firm for Immigrants. For more than 30 years, he has represented immigrants, families, entrepreneurs, investors, multinational employers, physicians, engineers, students, artists, athletes, and professionals navigating the complexities of U.S. immigration law.

Richard is widely recognized for his work in immigration law, immigrant entrepreneurship, economic development, federal court litigation, and immigration policy. He has built a national reputation for helping clients solve complex immigration challenges while serving as a leading voice on how immigration strengthens America’s economy, workforce, innovation ecosystem, and communities.

National Recognition & Professional Credentials

Richard has earned recognition from some of the legal profession’s most respected organizations, including:

• Super Lawyers
• Best Lawyers in America
• AV-Rated by Martindale-Hubbell
• Avvo 10.0 Superb Rating
• Lead Counsel Rated Attorney

Learn more:

• Attorney Bio: https://www.lawfirm4immigrants.com/attorneys/richard-herman/
• Super Lawyers Profile: https://profiles.superlawyers.com/ohio/cleveland/lawyer/richard-t-herman/065eda8c-5fc8-4626-9c52-0910c8cd7bdd.html
• Super Lawyers Feature, A Lawyer Without Borders: https://digital.superlawyers.com/superlawyers/ohslrs06/MobilePagedReplica.action?pm=2&folio=20
• Avvo Profile: https://www.avvo.com/attorneys/44113-oh-richard-herman-602006.html

Featured National Media

Richard’s immigration law analysis and economic development work have been featured by The New York Times, The Washington Post, NPR, WBUR, CBS News, Forbes, Business Insider, USA Today, and numerous other national and international media organizations.

Selected appearances include:

• The New York Times (2025) – As Trump Squeezes the Immigrant Work Force, Employers Seek Relief
  https://www.nytimes.com/2025/07/09/us/international-students-visa-social-media.html
• The Washington Post (2025) – International Students Scrub Social Media
  https://www.washingtonpost.com/world/2025/07/09/international-students-visas-trump-social-media-online-vetting/
• NPR (2026) – Interview discussing Trump Administration green card policy changes
  https://www.npr.org/2026/05/26/nx-s1-5835290/immigration-lawyers-report-chaos-over-trumps-new-green-card-rules
• WBUR / Here & Now (2025) – National interview regarding immigration policy and international students
  https://www.wbur.org/hereandnow/2025/07/14/immigration-international-students
• CBS News (2025) – Analysis of the proposed Gold Card immigration initiative
  https://www.cbsnews.com/news/trump-gold-card-5-million-website/
• Business Insider (2025) – Immigration analysis regarding employment-based immigration and green card sponsorships
  https://www.businessinsider.com/amazon-reopens-green-card-applications-for-foreign-workers-2025-1
• Forbes – Featured in The Immigrant Connection discussing immigrant entrepreneurship and economic growth
  https://www.forbes.com/forbes/2011/0620/entrepreneurs-immigration-immigrant-connection.html

Author of Immigrant, Inc.

Richard is co-author of the acclaimed book:

Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker)

The book helped shape national discussions about immigrant entrepreneurship, innovation, workforce development, economic growth, and urban revitalization. Its themes have been cited in academic scholarship, economic development research, public policy discussions, and U.S. Supreme Court amicus briefs.

Learn more:

• Amazon: https://www.amazon.com/Immigrant-Inc-Entrepreneurs-Driving-American/dp/0470455713
• HLG Book Page: https://www.lawfirm4immigrants.com/book-on-immigrants/
• Book Promo Video: http://www.youtube.com/watch?v=M9APKoGSmok

Academic, Policy & Legal Recognition

Richard’s work has been cited and discussed in academic journals, economic development research, public policy publications, and U.S. Supreme Court filings.

Selected references:

• Economic Development Quarterly Review of Immigrant, Inc.:
  https://journals.sagepub.com/doi/10.1177/0891242410377643
• U.S. Supreme Court Amicus Brief:
  https://www.nilc.org/wp-content/uploads/2016/03/US-v-TX-amicus-faith-2016-03-08.pdf
• U.S. Supreme Court Business Leaders Amicus Brief:
  https://www.scotusblog.com/wp-content/uploads/2016/03/303227926-BRIEF-OF-AMICI-CURIAE-MEMBERS-OF-THE-BUSINESS-COMMUNITY-IN-SUPPORT-OF-PETITIONERS.pdf

Civic Leadership, Nonprofit Service & Economic Development

Richard is widely regarded as a pioneer of immigration-based economic development in America’s Rust Belt. His work has focused on helping communities attract talent, support entrepreneurs, revitalize neighborhoods, strengthen local economies, and create American jobs.

Throughout his career, Richard has served in leadership, advisory, and board roles for organizations dedicated to immigrant integration, economic development, access to justice, entrepreneurship, international engagement, and civic advancement.

His leadership includes:

• Co-founder of Global Cleveland
• Founding advisor to Global Detroit
• Co-founder of TiE Ohio
• Former Civil Rights Director of LULAC Ohio
• Former Trustee of the Legal Aid Society of Cleveland
• Former Trustee of the Cuyahoga County Bar Association
• Board and advisory involvement with nonprofit, economic development, and international affairs organizations throughout Ohio and the Midwest

Learn more:

• Global Cleveland:
  https://case.edu/ech/articles/g/global-cleveland
• Global Detroit:
  https://globaldetroitmi.org/
• Legal Aid Society of Cleveland:
  https://www.lasclev.org/
• Cleveland Council on World Affairs:
  https://www.ccwa.org/

Speaker, Educator & Thought Leader

Richard has delivered keynote presentations, university lectures, economic development forums, chamber of commerce programs, and policy discussions throughout the United States.

Most notably, Richard was selected by former New York City Mayor Michael Bloomberg’s Partnership for a New American Economy (PNAE) to speak at chambers of commerce, economic development organizations, and business forums nationwide regarding the economic benefits of immigration. Through these engagements, he helped educate civic and business leaders on how welcoming immigrants can strengthen local economies, create American jobs, attract investment, address workforce shortages, and improve regional competitiveness.

Selected speaking resources:

• Akron Roundtable:
  https://www.akronroundtable.org/speakers/richard-t-herman/1969/
• Greater Oklahoma City Chamber:
  https://www.okcchamber.com/news/2015/03/30/okc-friday/immigration-reform-could-help-fill-job-openings/
• Global Cleveland:
  https://case.edu/ech/articles/g/global-cleveland

Publications & Commentary

Richard has written extensively on immigration law, immigrant entrepreneurship, economic development, workforce strategy, public policy, and global competitiveness.

Selected publications:

• Governing Author Page:
  https://www.governing.com/authors/Richard-T-Herman.html
• HuffPost Author Page:
  https://www.huffpost.com/author/richard-herman
• Time to Think Like an Immigrant:
  https://www.huffpost.com/entry/time-to-think-like-an-immigrant_b_711902
• If Immigration Is a Game, Let’s Play to Win:
  https://www.huffpost.com/entry/if-immigration-is-a-game_b_1843639

Connect With Richard Herman

• Attorney Bio:
  https://www.lawfirm4immigrants.com/attorneys/richard-herman/
• Media Resource Center:
  https://www.lawfirm4immigrants.com/looking-for-a-media-interview-expert-on-immigration/
• Immigration Articles:
  https://www.lawfirm4immigrants.com/immigration-articles/
• LinkedIn:
  https://www.linkedin.com/in/richardhermanimmigrationlaw/
• X / Twitter:
  https://x.com/immigrantinc
• YouTube:
  https://www.youtube.com/@hermanlegalgroupthelawfirm8344/featured

Need Immigration Help?

Schedule a consultation with Richard Herman or another Herman Legal Group attorney:

https://www.lawfirm4immigrants.com/book-consultation/

Or call:

1-800-808-4013

Herman Legal Group serves clients nationwide and around the world in family immigration, employment immigration, investor visas, citizenship and naturalization, removal defense, federal court litigation, waivers, asylum, humanitarian relief, and complex immigration matters.

 

 

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