Effective January 1, USCIS expanded its adjudication hold and re-review policies to align with the expanded travel ban list. USCIS will now place adjudicative holds on all pending immigration benefit requests and re-review certain approved benefits for individuals born in, or citizens of, any of the 39 travel ban countries. The full newly expanded list of countries is below.
Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma, Burundi, Chad, Republic of Congo, Cote d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe. In addition, foreign nationals who seek to travel to the United States using Palestinian Authority-issued or -endorsed travel documents are subject to the travel ban and to any travel ban-related USCIS policies.
Pending cases may be processed up to, but not including, final adjudication, and may still receive requests for evidence. Approved cases granted on or after January 20, 2021 are subject to re-review for eligibility, admissibility, and security concerns, which may include interviews.
Limited exceptions apply, including green card replacement applications (Form I-90), certain athletes and related personnel for major sporting events, and cases deemed to serve U.S. national interests.
The policy applies based on country of birth or citizenship listed on the application, meaning it may affect individuals beyond those directly subject to the travel ban. Affected foreign nationals should expect increased scrutiny and potential delays. A federal lawsuit challenging these policies is currently pending, and developments are being monitored.
This alert is provided for informational purposes only and does not constitute legal advice. It is not intended to create, and receipt does not establish, an attorney-client relationship. For assistance, please contact attorney Izidora Levi at [email protected].
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