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The Trump administration has directed U.S. Citizenship and Immigration Services (USCIS) to immediately pause processing of all "USCIS Benefit Applications" for nationals of the 19 countries listed in its travel ban issued earlier this year.
Effective immediately, USCIS will place a hold on all pending benefits requests from individuals whose country of birth or citizenship is listed in Presidential Proclamation 10949 (travel ban) "pending a comprehensive review, regardless of entry date," according to a memo released Dec. 2. The Policy Memorandum specifically includes green card applications, naturalization petitions, citizenship ceremonies and many more petition types that grant benefits to nationals and citizens of those countries. While the Policy Memorandum itself does not specifically name employment-based petitions (Forms I-129 and Form I-140) as inclusive of the pause, it is anticipated that they will also be included.
In addition, USCIS will "re-review" previously approved applications and benefits requests for individuals from these countries who entered the U.S. on or after January 20, 2021, regardless of entry method, according to the memo. The reviews will be conducted on an "individualized, case-by-case" basis and "assessment(s) will be done of all relevant information and facts," USCIS wrote in the memo, and will include green card approvals.
The travel ban, which was first issued by President Donald Trump via Presidential Proclamation in June countries, includes the following countries:
- Afghanistan
- Burma
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Somalia
- Sudan
- Yemen
- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
The administration is also considering expanding the travel ban to include many additional countries, according to multiple reports. It is currently unclear what nations may be added to the ban, and/or when they will be announced.
At this time, there is no indication about how long the pause will last, as well as what the "re-review" process will entail and the effects it may have on applicable beneficiaries.
However, nationals and citizens from the impacted countries should consider preparing for any "re-reviews" of their applications by ensuring that their address is up to date with USCIS; submitting a FOIA request if they do not already have full copies of their immigration filings; and ensuring they contact an attorney if they receive any government notices such as Requests for Evidence, Reopen Notices or subsequent interview notices. Employers may also experience sudden disruptions or potential gaps in work authorization for nationals and citizens of impacted countries.
It is expected that the pause, re-review and potential expanded travel ban will face challenges in federal court. The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will alert clients as the situation evolves and more information becomes available.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
