On January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum that expands earlier immigration review directives to a larger group of countries deemed “high risk.” This memo significantly alters how pending immigration benefit applications are handled for many foreign nationals, marking one of the most sweeping internal policy shifts in recent years.
WHAT YOU NEED TO KNOW
The new memo instructs USCIS officers to:
- Pause final decisions on all pending immigration benefit applications filed by or on behalf of foreign nationals from an expanded list of “high-risk” countries. This includes green cards, employment-based petitions, naturalization, travel documents, and more. USCIS may continue processing activities—like background checks or interviews—but will not issue final decisions while the hold remains in effect unless an exception applies.
- Conduct a comprehensive “re-review” of previously approved benefit applications for affected individuals who entered the United States on or after January 20, 2021. This re-review may involve additional screening, vetting, or requests for evidence.
- This hold is different than the previously-announced hold on asylum applications pending before USCIS.
WHO IS AFFECTED?
- The policy covers citizens and nationals of 39 countries designated in earlier presidential proclamations: Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma (Myanmar), Burundi, Chad, Cote d‘Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Mali, Malawi, Mauritania, Niger, Nigeria, Palestinian Authority Travel Documents, Republic of the Congo, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan ,Venezuela,Yemen, Zambia, and Zimbabwe
- If your country of birth or citizenship is on this list, any pending application with USCIS — whether filed by you or on your behalf — is likely subject to the adjudicative hold.
WHAT THIS MEANS FOR YOUR APPLICATION
- Final decisions are paused. USCIS will generally stop short of approving or denying cases for countries listed above until the enhanced review is completed or an exception applies.
- Processing may still proceed in part. Background checks, biometric collection, and interviews can continue, but no final decision will be issued while the hold remains.
- Re-reviews of previously approved cases could lead to additional investigations, interviews, or even referrals to enforcement agencies.
This has immediate implications for pending adjustment of status, work authorization, travel documents, naturalization, family-sponsored, and employment-based petitions, among others.
EXCEPTIONS TO THE HOLD
The memo does include certain exceptions where the adjudicative hold does not apply — meaning final decisions can still be issued on such forms. Examples include:
- Form I-90 (Green Card replacement)
- Form N-565 (Replacement citizenship document)
- Certain Form I-765 EAD categories (asylum-based (c)(8) and some other limited categories)
- Cases in the national interest
- ICE-prioritized cases
These exceptions have limits and qualifications; eligibility isn’t automatic.
FINAL THOUGHTS
This policy memo reflects a profound change in the way USCIS will be processing applications for the foreseeable future. However, it does NOT mean that you should abandon your case or delay filing an application if you’re eligible. This is not a permanent change.
This is also a time to be extra cautious about the legal advice you receive. Beware of representatives who promise to “fast track” your case or who tell you can get a decision by paying an extra “processing fee.” While there may be actions that an attorney can take to try to force the government to make a decision on your case, these are complex issues that don’t have a quick solution. If you have questions, contact a qualified immigration attorney so all of your options can be clearly explained to you.