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USCIS Tightens Immigration Review for Nationals from 19 Countries Following Presidential Proclamation

By Advos

TL;DR

Immigration attorneys can leverage USCIS's new policy to offer specialized services for clients from high-risk countries facing delays and re-reviews.

USCIS now applies country-specific factors to immigration requests from 19 nations, placing holds on pending applications and re-reviewing previously approved cases.

This policy creates uncertainty and hardship for asylum seekers and immigrants, undermining fair treatment and potentially separating families.

USCIS's policy shift introduces indefinite delays and re-reviews for immigration applications from 19 countries, significantly altering processing timelines.

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USCIS Tightens Immigration Review for Nationals from 19 Countries Following Presidential Proclamation

U.S. Citizenship and Immigration Services has updated its policies to significantly tighten the review process for a broad range of immigration benefit requests from individuals from certain designated countries. The changes, implemented in response to Presidential Proclamation 10949, affect nationals from 19 countries identified as high-risk and create substantial uncertainty for thousands of applicants and previously approved beneficiaries.

The policy shift includes placing holds on many pending applications, including asylum applications (I-589 Application for Asylum and for Withholding of Removal) and other benefit requests from nationals of the countries identified in the proclamation. Additionally, USCIS is directing a re-review of previously approved benefit requests such as green cards, status changes, and extensions for individuals from those countries who entered the United States on or after January 20, 2021.

Adjudicators have been instructed to apply country-specific factors as outlined in the proclamation when exercising discretion over pending or future benefit requests. This represents a significant departure from previous practice where once a benefit request was approved, or once an I-589 was filed, it would typically proceed subject only to standard processing delays rather than special country-based review.

The practical implications are substantial for affected individuals. For asylum applicants, pending I-589 applications may be effectively frozen with no interview scheduled and no adjudication, potentially creating indefinite delays even for applications filed long ago. For adjustment, change-of-status, or other benefit requests, pending cases may face extended delays while previously approved cases may be reopened or re-evaluated, particularly if the beneficiary entered the United States after January 20, 2021.

According to immigration law firm Bolour / Carl Immigration Group, which detailed the policy changes in a recent press release, the net effect is that many people who submitted applications in good faith or even had them approved are now subject to uncertainty, long delays, heightened risk, or case reopenings. The firm notes that country of origin has become a significant negative factor by default for asylum or status-based benefit requests under the new policy framework.

The policy changes raise important questions about immigration system predictability and procedural fairness. Individuals who followed established legal processes now face potential indefinite delays and additional scrutiny based on country of origin rather than individual circumstances. This creates particular challenges for asylum seekers who may have fled persecution in their home countries only to encounter new barriers in the United States.

For the immigration system as a whole, the policy changes introduce additional layers of review and potential backlogs that could affect processing times across various benefit categories. The requirement to re-review previously approved cases represents a significant administrative burden that may divert resources from other immigration processing functions.

The long-term implications extend beyond immediate processing delays. The policy establishes a framework where country of origin becomes a primary consideration in immigration benefit determinations, potentially setting precedents for future immigration policy development. This represents a fundamental shift in how immigration benefits are evaluated and could influence broader immigration system reforms in coming years.

Curated from 24-7 Press Release

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