By Richard T. Herman, Esq. | Herman Legal Group — Updated November 2025
1. My EAD expired and my renewal is pending — can I keep working?
As of October 30 2025, the Department of Homeland Security ended the 540-day automatic EAD extension. Renewals filed on or after that date qualify for only 180 days of automatic work authorization. If the new card isn’t approved by then, employment must stop. Employers must update Form I-9 accordingly (USCIS EAD FAQ).
Practical Tip: File early — delays can mean a sudden loss of income and status.
2. Do I have to attend my immigrant-visa interview in my home country now?
Yes. Since November 1 2025, the Department of State requires most interviews to occur in your country of residence or nationality. Third-country interviews are rare exceptions.
Key Insight: Schedule locally — transfers to other consulates are largely discontinued.
3. Is the DV-2027 Diversity Visa Lottery cancelled or delayed?
It’s delayed. The State Department’s Visa Bulletin says the opening date will be “publicized in the coming months.” Check dvprogram.state.gov regularly.
Expert Opinion: Prepare documents now so you can apply immediately when the window opens.
4. Can I enter the DV Lottery if I’m undocumented in the U.S.?
You can enter, but winning won’t guarantee a green card. If you are out of status, you must process abroad, and unlawful-presence bars may block entry. Seek individualized legal advice at Herman Legal Group.
Important Note: Winning abroad does not erase overstay penalties.
5. Do I or my child have to provide facial photos or DNA at airports now?
Yes. The DHS Biometric Entry-Exit Rule requires facial recognition for virtually all non-citizens, including children and green-card holders. DNA collection is being expanded to some parolees.
Takeaway: Biometric capture is now a standard part of travel screening.
6. What is the new $1,000 parole fee?
The USCIS Parole Fee Rule imposes a $1,000 charge on most humanitarian parole cases (U4U, CHNV). Advance Parole for AOS applicants is exempt.
Legal Perspective: Confirm your category before paying — some parole types remain fee-free.
7. Are Labor Condition Applications (LCA) being processed again?
Yes. The OFLC FLAG system resumed late October 2025. Employers can file LCAs, PERM, and H-2 applications again.
Practical Tip: Expect delays as DOL clears the backlog.
8. What if my 60-day H-1B grace period expires before LCA approval?
USCIS policy allows late filings for “extraordinary circumstances.” Provide evidence of shutdown delays and a detailed explanation letter.
Expert Opinion: Document every attempt to file on time.
9. Are ICE raids really happening again?
Regional operations have increased but nationwide raids remain limited. See official ICE news updates.
Observation: Verify sources — social media often recycles old footage.
10. Can I change to B-1/B-2 status after losing my H-1B job?
Yes, file Form I-539 within the 60-day grace period. If you find a new employer, they may file a premium H-1B transfer while the B-2 is pending.
Practical Tip: Bridge status carefully to avoid gaps in lawful presence.
11. Can I travel while my green-card adjustment is pending?
Only with approved Advance Parole (I-131). Leaving without it abandons the application.
Takeaway: Never depart until the parole document is issued.
12. Can my employer file H-1B premium processing during slowdowns?
Yes. After LCA approval, premium processing is available (USCIS Premium Processing).
Important Note: Premium service remains fully operational despite system backlogs.
13. Will biometric rules include green-card holders and kids?
Yes. The DHS Biometric Framework covers all non-citizens re-entering the U.S., including LPRs and children under 14.
Insight: Expect facial scans at every international port.
14. Are PERM and Prevailing Wage applications fully back online?
Yes, confirmed October 29 2025 by the Department of Labor.
Practical Tip: Employers should file well in advance due to extended processing times.
15. What if my employer revokes my H-1B while my PERM is pending?
You have 60 days to transfer or change status. If your PERM was pending 180+ days or your I-140 is approved, you may extend beyond six years under AC21.
Expert Opinion: A mature PERM can protect your H-1B longevity.
16. If my EAD renewal is pending after Oct 30, can I still work?
Yes for 180 days if filed timely (USCIS EAD Page). After that, work must stop until approval.
Practical Tip: Track the day count to avoid unauthorized employment.
17. Has the citizenship test changed again?
Yes. USCIS revived the 2020 128-question version for certain applicants and added enhanced English testing.
Insight: Study both old and new test formats until you know which applies to you.
18. What should I do if ICE comes to my home?
Do not open the door without a judge-signed warrant. Use resources from the Immigrant Defense Project.
Practical Tip: Keep a rights card handy and teach family members what to do.
19. If my child was born abroad, are they a U.S. citizen?
Possibly. If a parent is a citizen who meets residency requirements under INA § 301, citizenship transmits automatically.
Important Note: File a Consular Report of Birth Abroad or Form N-600 to document citizenship.
20. How can I protect my status during policy changes?
Keep copies of filings, subscribe to USCIS updates, renew documents early, and consult Herman Legal Group.
Takeaway: Preparation beats panic — stay ahead of policy shifts.
21. Can I lose status if I apply for another benefit?
Yes. If the new application is denied or filed incorrectly, you may fall out of status. Review timing with an attorney.
Insight: Parallel filings can confuse your record — strategize first.
22. What rights do I have when questioned by border officers?
Answer identity questions only; request a lawyer if detained (CBP Rights).
Legal Perspective: Respectful silence is lawful — voluntary statements carry risk.
23. Can a green-card holder sponsor a fiancé(e)?
No. Only U.S. citizens may file Form I-129F. LPRs must marry first and file Form I-130.
Takeaway: Naturalization opens the fiancé(e) path.
24. What’s the difference between visa expiration and status expiration?
A visa permits entry; status controls how long you may stay. Check your I-94 record (travel.state.gov FAQ).
Practical Tip: Valid I-94 means you’re lawful even if the visa stamp expires.
25. Does USCIS check social media accounts?
Yes. Under Executive Order 14161, USCIS collects social-media handles on some forms and reviews public content for security and credibility.
Expert Opinion: Assume posts are public evidence in your file.
26. What is “unlawful presence” and why does it matter?
It’s time spent in the U.S. after your authorized stay ends. More than 180 days triggers the 3-year bar; a year or more triggers the 10-year bar.
Key Point: Departing after overstay often locks you out for years.
27. Can I still adjust status if I entered without inspection?
Generally no, unless protected by programs like 245(i) or through certain VAWA/TPS routes. Consult a qualified attorney.
Legal Perspective: Unlawful entry severely limits pathways to a green card.
28. How long does the family-based green-card process take?
Anywhere from months (immediate relative) to decades (for oversubscribed countries). See Visa Bulletin.
Observation: Priority dates determine wait time — not filing speed.
29. Can marriage to a U.S. citizen guarantee a green card?
No. The marriage must be bona fide and pass fraud screening. See USCIS Marriage Guide.
Expert Opinion: Joint documents and consistent testimony are critical proof.
30. What is “conditional residence” on a marriage green card?
If the marriage was under 2 years old at approval, you get a 2-year conditional green card. File Form I-751 before it expires.
Practical Tip: Missing the deadline may result in automatic loss of residency.
31. How do I remove conditions on my green card if I’m divorced?
You can request a waiver by showing the marriage was entered in good faith and ended honestly. See I-751 waiver instructions.
Takeaway: Good-faith evidence is your best defense against denial.
32. Can a criminal record affect my immigration case?
Yes. Crimes involving moral turpitude or controlled substances can make you inadmissible. Get certified court records and legal counsel.
Legal Perspective:
Even minor convictions can derail future filings.
33. What happens if my visa expires while I’m in the U.S.?
Your stay is based on your I-94, not visa validity. Leaving after overstay may trigger penalties.
Insight: Check I-94 expiry online — not the visa stamp.
34. What is “public charge” and does it affect me?
It refers to reliance on government benefits. The 2025 rule reinstates a stricter standard for certain applicants (USCIS Public Charge).
Important Note: Use of emergency Medicaid or pandemic aid usually doesn’t count.
35. Can DACA recipients renew in 2025?
Yes, renewals remain open, but new applications are still paused pending litigation. See uscis.gov/DACA.
Observation: File renewals early — court decisions can change quickly.
36. What is “advance parole” and who can use it?
Advance Parole (Form I-131) allows travel abroad without abandoning a pending adjustment.
Practical Tip: Carry your original approval when re-entering.
37. How long does an H-1B transfer take now?
With premium processing, about 15 calendar days. Standard processing can take months.
Expert Opinion: Pay for premium if you’re mid-employment change — time equals status.
38. What are the new payment rules for USCIS fees?
Paper checks and money orders are being phased out. Pay via electronic debit (Form G-1650) or credit card (USCIS Payment Info).
Takeaway: Old payment methods now cause rejections.
39. How does DHS define “anti-American conduct” for immigration review?
Under 2025 guidance, USCIS may deny benefits for individuals promoting hate or anti-U.S. violence (AP News summary).
Legal Perspective: Online statements can be scrutinized for intent.
40. How long does a PERM labor certification take in late 2025?
6–9 months on average due to post-shutdown delays. Track updates via FLAG processing times.
Insight: Delays cascade into H-1B extension and I-140 timing.
41. What is “priority date retention”?
It lets you keep your earliest filing date when changing categories or employers under the same immigrant classification.
Key Point: Protects you from restarting the visa wait clock.
42. How can I check my immigration case status online?
Visit USCIS Case Status and enter your receipt number.
Practical Tip: Save the case number from your I-797 for online tracking.
43. Can I file my I-485 and I-140 together?
Yes, if your priority date is current. Known as “concurrent filing.”
Expert Opinion: It speeds up processing but carries higher upfront cost.
44. How does unlawful presence affect re-entry after voluntary departure?
It triggers re-entry bars (3 or 10 years) unless waived.
Important Note: Departing “voluntarily” doesn’t erase overstay penalties.
45. What happens if I fail my citizenship interview?
You can request a second interview or appeal via Form N-336. See USCIS Citizenship FAQ.
Takeaway: One failure doesn’t end the process — you can reapply.
46. Are travel bans still active for any countries?
Yes, some limited security-based bans remain under review by DHS. Check travel.state.gov updates.
Insight: Always confirm entry policies before booking travel.
47. Can I sponsor my parents for green cards if I’m a citizen?
Yes, file Form I-130 for each parent. Immediate relatives have no visa cap.
Practical Tip: Gather birth and relationship evidence early to avoid RFEs.
48. How do I prove financial ability when sponsoring family?
Submit Form I-864 Affidavit of Support plus tax returns showing 125% of poverty guidelines (USCIS I-864 Guide).
Expert Opinion: Joint sponsors are acceptable if your income falls short.
49. What if I’m denied a visa at the consulate?
You can reapply or seek a waiver if ineligibility is waivable. Check your refusal code.
Legal Perspective: Many denials are procedural, not permanent.
50. How do I contact USCIS for urgent case help?
Use the USCIS online tools, Emma chatbot, or contact the Ombudsman for case assistance.
Takeaway: Digital service requests are faster than phone calls.
Summary
The immigration landscape in late 2025 is defined by rising fees, biometric expansion, shorter EAD extensions, stricter interview rules, and revived enforcement.
Applicants should stay proactive, organized, and legally guided to adapt to the ongoing regulatory shifts.
Author
Richard T. Herman, Esq. — Immigration Attorney, co-author of Immigrant, Inc., and founder of Herman Legal Group.
