US Citizenship and Immigration Services (USCIS) has paused processing of immigration applications and petitions for certain foreign nationals, including a hold on all asylum approvals and a freeze on all application approvals for anyone from one of the 19 countries covered in the travel ban the administration issued this spring. It has also announced that it may reopen cases the government has already approved since January 20, 2021, and the suspension of visa issuance to Aghans.
The 19 countries covered by the travel ban are Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierre Leone, Togo, Turkmenistan and Venezuela. Please see the prior blog article by Attorney Kornfeld on the travel ban.
The following is a breakdown of the different halts in immigration processing.
- A freeze on processing for anyone who comes from a travel-ban country
This suspension of processing appears to include green card applications, naturalization applications to become a US citizen and even changes to extend or change nonimmigrant status. USCIS has cancelled some green card and naturalization interviews and even oath ceremonies at which approved naturalization applications formally become US citizens.
Furthermore, pursuant to another USCIS policy alert, once processing resumes USCIS will consider nationality from a country on the travel ban list as a “significant negative factor.”
- A hold on decisions – but not interviews – for all asylum applications pending at USCIS
USCIS will pause applications for all foreign nationals who filed for asylum with USCIS in the U.S. (as opposed to those in removal proceedings who applied in immigration court).
- A blanket refusal on the issuance of visas to Afghans and a directive to destroy visas that have been printed but not issued
Afghans seeking to enter the U.s. as nonimmigrants on a temporary visa or as legal permanent residents (green card holders) will temporarily be refused a visa.
- A review and potential re-interview of certain approved applications
There are two groups of foreign nationals who will be subject to USCIS’ review. The first group is all people admitted to the U.S. as refugees under the Biden administration. The second group are foreign nationals of the travel-ban countries who arrived in the U.S. after January 21, 2021 for whom USCIS approved any kind of immigration benefit, including legal permanent residency (the green card) and temporary work authorization.
For those covered by the travel ban, USCIS will conduct a “case-by-case review” based on the country-specific factors, such as association with suspicious individuals or groups. For refugees admitted under the Biden administration, however, the review will be much broader.
Please contact Attorney Monique Kornfeld for legal advice about your specific case.