USCIS Halts Decisions for Individuals From Countries in Latest Travel Ban

USCIS is now directing personnel not to make decisions on immigration benefits for individuals from the countries listed in President Donald Trump’s latest travel ban from December 16.

A new policy memorandum, published on January 1, turns Trump’s executive order into official policy. It also goes a couple of steps further and says USCIS is now reviewing its policies for screening and vetting people from the specific countries in the travel ban. 

USCIS will also conduct a review of benefit requests submitted since January 20, 2021, for individuals from countries in the travel ban. That’s the date President Biden signed a proclamation revoking a travel ban created by President Trump during his first term in office.

Who is affected

These restrictions apply to any noncitizen who has a restricted country as their country of nationality or their country of birth. This means that individuals born in a high-risk country who now hold a passport from a different country, even if it’s not on the travel ban list, are still subject to the adjudicative hold and this new review process.

Countries added to travel ban on December 16

USCIS will review pending benefit requests to screen for anyone on the terrorist watchlist or known to be involved in criminal activity. The agency also advises officers to closely evaluate civil documents that establish identity for individuals from these countries, as it says those countries lack reliable birth registration systems.

While most immigration decisions are on hold, the memo outlines several exceptions.

1. Replacing a Green Card: Applications to replace a lost, stolen, or damaged Green Card via Form I-90.
2. Replacing naturalization papers: Applications for a new copy of your citizenship or naturalization paperwork by filing Form N-565.
3. Applying for a citizenship certificate: Claims for a Certificate of Citizenship, via Form N-600. Note that the memo says this does not apply to people from Yemen or Somalia due to specific document trust issues in those countries.
4. Specific work permits: Initial work permit applications, Form I-765, for asylum seekers. This also includes certain people assisting law enforcement with investigations.
5. Civil surgeon designation: Doctors who are U.S. citizens applying to be authorized to perform immigration medical exams (Form I-910).
6. Major sporting events: Visa and benefit requests for athletes, coaches, and their families who are coming to the U.S. for major events like the World Cup or the Olympics.
7. Law enforcement priorities: Cases that ICE specifically asks USCIS to finish because they are a priority for public safety or national security.
8. U.S. national interest: Cases where an applicant’s entry provides a significant benefit to the country, such as scientists, medical researchers, or specialized engineers.
9. Terminated programs: Applications for programs that are being shut down or canceled by a new government order or proclamation.
10. Automatic closures: When you finally become a Green Card holder or a citizen, the government can still automatically close out your extra pending applications, like an old work permit, that you no longer need.

Although there is no end date listed for this hold on decisions, the memo says it will have a prioritized list of cases for review, interview, or re-interview within 90 days. 

Family members are not automatically exempt

Historically, family members of U.S. citizens or residents often received broader exemptions from travel restrictions. However, the new January 1 memo explicitly states that family-based immigrant visa applications will no longer be automatically or broadly exempt. These family-based petitions are now subject to the same additional scrutiny and security holds as employment or diversity-based requests.

Holds on asylum cases and diversity visas continue

While the latest memo focuses on restricted nations, it is important to note that a separate, nationwide hold remains in effect for all pending asylum applications, which is Form I-589, regardless of the applicant’s country of nationality. This broader freeze, established in early December, prevents any final asylum decisions until USCIS completes a separate, comprehensive review of its national vetting procedures.

In addition, the Diversity Immigrant Visa Program remains paused. The issuance of new diversity visas was halted following a shooting at Brown University.