USCIS Expected to Pause Many Domestic Applications for Immigration Benefits | Tarter Krinsky & Drogin LLP

Applications Now Subject to Enhanced Security Vetting

At the end of April 2026, members of the American Immigration Lawyers Association were reporting to the national organization that many of their clients were receiving notification from USCIS (United States Citizenship and Immigration Services) that requests for benefits, including filings for permanent residence and asylum were being held while a new security vetting process was being put into place.

As background, The American Immigration Council reported that in November 2025 the USCIS backlog had reached approximately 11.3 million cases, with only 2.7 million cases processed during the 2nd quarter of 2026. Substantial delays are expected to continue to build if the new security vetting process requiring fingerprints of all applicants applying for asylum, residence and U.S. citizenship are asked to resubmit fingerprints with enhanced security procedures. It is unknown how long the process will take or how many applications will be affected.

USCIS confirmed to CBS News that new security checks were recently implemented and expected that the delays would be brief. Individuals who might have a MyUSCIS account would be well advised to check their case status online and particularly, if already scheduled for interview, verify that the interview was still scheduled, or whether the status of a case might instead be updated to state that a case was merely filed and ‘in process’

State Department Adds Questions Related to Intent to Apply for Asylum to Nonimmigrant Visa Interviews

The State Department has advised that as of April 28, 2026, nonimmigrant visa applications will now include two asylum-related questions for all visa applicants, specifically soliciting information whether an applicant has “experienced harm or mistreatment in your country of nationality or last habitual residence”, and “Do you fear harm or mistreatment in returning to your country of nationality (or permanent residence)?

These two questions are routinely asked in asylum applications, and the Department of State has indicated that the rationale for these questions is to deter those who might seek asylum from entering the United States in nonimmigrant visa status. Nonimmigrant status might include B-1/B-2 business and tourist visa applicants, F-1 student visa designates, L-1 intra-company transferees, H1B professional workers, O1 visa applicants who are considered extraordinary in their fields, E investors, R-1 religious workers, and many others.

While these questions are not incorporated at present in the visa application forms, the Department has advised consular officials to specifically and verbally pose each question to individual visa applicants to assure that no misrepresentation is made by the visa applicant and to assure that the individual is not entering the United States in the guise of a bona fide nonimmigrant when the true, underlying intent of the foreign national is to apply for asylum in the United States.

[View source.]

Leave a Reply

Your email address will not be published. Required fields are marked *