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USCIS Issues New Guidance on 'Good Moral Character' for Citizenship Applicants

USCIS Issues New Guidance on 'Good Moral Character' for Citizenship Applicants

U.S. Citizenship and Immigration Services (USCIS) released Policy Memorandum PM-602-0201 on November 4, 2026, clarifying how certain financial and support obligations impact an applicant's 'good moral character' for naturalization. The memo addresses issues related to dependent support, public-benefit fraud, and sponsorship commitments. For those who signed Forms I-134 or I-134A, a willful failure to honor promised support will be considered an adverse character factor, though signing these forms is not an automatic bar to citizenship. For signers of Forms I-864, I-864EZ, and I-864A, failure to meet support obligations may negatively impact their application. However, a sponsored person's receipt of benefits does not automatically constitute a breach. The memo also states that lawful receipt of public benefits alone does not prevent naturalization; any adverse finding must be based on specific conduct after an individualized review, not on poverty, disability, or lawful benefit receipt. This guidance aims ...

USCIS Proposes End to Deference Rule for Work Visa Extensions, Anticipating Increased RFEs

USCIS Proposes End to Deference Rule for Work Visa Extensions, Anticipating Increased RFEs

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register on October 14, 2026, titled 'Removing Deference to Prior USCIS Determinations of Eligibility.' This proposal aims to eliminate 8 CFR 214.1(c)(5), a regulation that currently requires USCIS officers to defer to a prior approval when adjudicating extensions of stay for work visas, provided the facts remain unchanged. If enacted, this change would mean that officers would no longer presume the correctness of a previous approval. Instead, each case would be evaluated based on its current record. While officers could still consider prior approvals as relevant information, they would not be bound by them. The proposed rule would affect all Form I-129 filings, including H-1B, L-1, E-1, E-2, O-1, and TN visas. DHS estimates this change would lead to approximately 6,044 additional Requests for Evidence (RFEs) annually, with RFE cases typically taking a median of 76 days t...

USCIS Issues New Guidance on Good Moral Character for Citizenship Applications

USCIS Issues New Guidance on Good Moral Character for Citizenship Applications

U.S. Citizenship and Immigration Services (USCIS) released Policy Memorandum PM-602-0201 on November 4, 2026, clarifying how certain factors will be assessed when determining 'good moral character' for naturalization applicants. This memo specifically addresses issues related to dependent support, public-benefit fraud, sponsorship commitments, and the use of benefits linked to intentional avoidance of self-sufficiency. For individuals who signed Forms I-134 or I-134A, the memo states that signing these forms is not an automatic bar to citizenship, but willful failure to honor promised support will be considered an adverse character factor. For those who signed Forms I-864, I-864EZ, or I-864A, failure to meet support obligations may negatively impact their application, though a sponsored person's receipt of benefits does not automatically constitute a breach. Lawful receipt of public benefits by an applicant does not prevent naturalization; any adverse finding must be based on specific conduct after an indi...

USCIS Details Green Card Eligibility and Asylum Termination Conditions for Asylees

USCIS Details Green Card Eligibility and Asylum Termination Conditions for Asylees

U.S. Citizenship and Immigration Services (USCIS) outlines the process for asylees to obtain a green card one year after their asylum grant. This involves filing Form I-485, the application for adjustment of status. To qualify, an asylee must have been physically present in the U.S. for at least one year post-asylum grant, continue to meet the definition of a refugee, and not have been firmly resettled in another country. The process includes an eligibility review, filing the application with supporting evidence, biometrics collection, and potentially an interview. USCIS also specifies conditions under which asylum status can be terminated, including fraud in the original application, fundamental changes in the home country's circumstances, firm resettlement elsewhere, or certain criminal or security grounds. Traveling to one's home country after receiving asylum can be seen as evidence that the fear of persecution no longer exists, potentially leading to questions about or termination of asylum status. As...

USCIS Defines 'Rural Area' for EB-5 Investment Program, Clarifying Lower Investment Threshold Eligibility

USCIS Defines 'Rural Area' for EB-5 Investment Program, Clarifying Lower Investment Threshold Eligibility

USCIS Defines 'Rural Area' for EB-5 Investment Program, Clarifying Lower Investment Threshold Eligibility

Inside how Trump's migrant detention warehouse plan fell apart

Inside how Trump's migrant detention warehouse plan fell apart

The federal government bought massive warehouses for detention centers before answering basic questions about sewage, safety and local support.

Green Card Holder Indicted for Falsely Claiming U.S. Citizenship to Vote in Local Missouri Election

Green Card Holder Indicted for Falsely Claiming U.S. Citizenship to Vote in Local Missouri Election

Christopher Doucet, a 68-year-old Canadian-born green card holder residing in the U.S. since childhood, has been indicted on a federal felony charge for falsely claiming U.S. citizenship to register and vote. The U.S. Attorney’s Office for the Western District of Missouri announced that Doucet registered in Jackson County, Missouri, on January 30, 2024, where he marked 'Yes' to the citizenship question and signed a certification affirming he was a U.S. citizen. Subsequently, on April 2, 2024, he cast a ballot in a general municipal election in Independence, Missouri, an election that did not include any federal offices. Doucet was arrested following the indictment by a federal grand jury. If convicted, he faces a potential sentence of up to five years in prison and a $250,000 fine. The investigation was conducted by Homeland Security Investigations with assistance from U.S. Citizenship and Immigration Services. An indictment serves as an accusation and does not constitute proof of guilt.

USCIS Details Green Card Interview Process and Key Questions for Applicants in 2026

USCIS Details Green Card Interview Process and Key Questions for Applicants in 2026

U.S. Citizenship and Immigration Services (USCIS) conducts Green Card interviews for applicants seeking to adjust their status to lawful permanent resident within the United States. These interviews, held at USCIS field offices, involve an officer questioning the applicant under oath about the information provided on Form I-485. In marriage-based cases, questions also focus on the couple's relationship, while employment-based cases delve into the job offer. Applicants are required to bring original documents filed with their application. A May 2026 USCIS policy memo instructs officers to treat every approval as a matter of discretion, and applications filed on or after September 18, 2026, are subject to a new public charge review, which assesses an applicant's likelihood of depending on government support. USCIS may waive interviews on a case-by-case basis for certain groups, such as parents of U.S. citizens, but retains the right to conduct an interview if any doubts arise regarding identity, criminal his...

Greenberg Traurig Podcast Discusses Immigration Implications of Supreme Court's Blanche v. Lau Decision

Greenberg Traurig Podcast Discusses Immigration Implications of Supreme Court's Blanche v. Lau Decision

Greenberg Traurig's 'Immigration Insights' podcast, hosted by Kate Kalmykov, featured attorneys Jennifer Hermansky and Courtney Brooks discussing the Supreme Court’s decision in Blanche v. Lau. This decision allows border officers, under certain circumstances, to treat returning green card holders with pending criminal matters as applicants for admission, even before a conviction. The podcast outlined potential consequences for various groups, including permanent residents, EB-5 investors, families, and traveling employees. It also provided practical guidance on issues such as travel, airport questioning, and Form I-407. Additionally, the discussion covered how employers can respond to these changes while avoiding improper reverification or discrimination, suggesting the use of confidential, counsel-led procedures and preparation for travel-related emergencies.

USCIS Details PERM Labor Certification Process for Employer-Sponsored Green Cards

USCIS Details PERM Labor Certification Process for Employer-Sponsored Green Cards

U.S. Citizenship and Immigration Services (USCIS) has outlined the Permanent Labor Certification (PERM) program, a mandatory first step for most employment-based green card applications under the EB-2 and EB-3 categories. This process, managed by the Department of Labor’s Employment and Training Administration (ETA), requires employers to demonstrate that there are no sufficient U.S. workers who are able, willing, qualified, and available for a position in the intended employment area. Additionally, employers must prove that hiring a foreign national will not negatively impact the wages and working conditions of similarly employed U.S. workers. The PERM process involves several stages, including defining the position, obtaining a prevailing wage determination, conducting recruitment and providing notice, reviewing applicants, and finally filing Form ETA-9089. This certification is a prerequisite before an employer can file an immigrant petition (Form I-140) with USCIS. The entire process, from initiation t...

Federal Court Blocks DHS Rule Ending Duration of Status for International Students; Congress Considers Permanent Rejection

Federal Court Blocks DHS Rule Ending Duration of Status for International Students; Congress Considers Permanent Rejection

A federal court has temporarily blocked the Department of Homeland Security (DHS) from implementing its rule to end 'Duration of Status' (D/S) for international students nationwide, while litigation continues. This ruling is a significant, though not permanent, victory for international students, scholars, and educational institutions. The DHS rule aimed to replace the long-standing D/S policy, which allows international students to remain in the U.S. for the duration of their academic programs, with fixed admission periods, typically limited to four years. This change would introduce increased bureaucracy, costs, and potential delays, particularly affecting PhD students whose programs often exceed four years. DHS has appealed the court's decision, indicating that the legal battle is ongoing.

ICE Detains UC Berkeley Student and Asylum Seeker at San Francisco Airport, Prompting Legal Challenge and University Support

ICE Detains UC Berkeley Student and Asylum Seeker at San Francisco Airport, Prompting Legal Challenge and University Support

Immigration and Customs Enforcement (ICE) agents detained Paula Valentina Albornoz Hernandez, a 23-year-old UC Berkeley student and asylum seeker, at San Francisco International Airport (SFO) while she was waiting to board a flight. Albornoz Hernandez, who arrived in the U.S. from Colombia in 2022, had overstayed her visa but had a pending asylum application based on experiencing severe gender-based violence in her home country, along with a valid work permit. She is currently held at ICE’s California City Detention Center. Attorneys from Centro Legal de la Raza have filed a habeas corpus petition challenging her detention, arguing that ICE officers did not present a warrant and failed to assess if she was a flight risk. UC Berkeley Chancellor Rich Lyons has also written a letter of support, requesting her release to resume her studies. A Department of Homeland Security spokesperson confirmed her detention, stating she did not depart after her visa expired and will receive due process.