Immigration News

Automatic Extensions of EAD are not longer issued

Foreign nationals who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation. 

USCIS recommends foreign nationals seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires. The longer a foreign national wait to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation.

The interim final rule does not affect EADs automatically extended before Oct. 30, 2025.

USCIS' New Policy Memo to Establish Good Moral Character for an Application for Naturalization

The policy memorandum from U.S. ​ Citizenship and Immigration Services (USCIS) outlines a restored approach to evaluating "Good Moral Character" (GMC) for aliens applying for naturalization. ​ It emphasizes a holistic, comprehensive assessment of an applicant's behavior, societal contributions, and adherence to community norms, rather than solely focusing on the absence of disqualifying acts. ​It is effective as of August 15, 2025.

Key Points:

  1. Purpose: GMC evaluation is critical for determining eligibility for naturalization, reflecting both legal transformation and moral alignment with U.S. societal standards. ​
  2. Legal Framework: GMC is assessed under the "preponderance of evidence" standard, requiring applicants to demonstrate they meet the requirements more likely than not. ​ Permanent and conditional bars exist for certain offenses, but positive attributes are also considered. ​
  3. Holistic Approach: USCIS officers must evaluate both positive contributions (e.g., community involvement, family responsibilities, education, employment, tax compliance) and disqualifying behaviors (e.g., crimes, DUIs, reckless actions). ​
  4. Rehabilitation: Evidence of genuine reform, such as compliance with court orders, repayment of debts, and community testimony, can support a finding of GMC. ​
  5. Totality of Circumstances: Officers are directed to consider the applicant's full history, balancing positive and negative factors, to determine their worthiness for U.S. citizenship. ​

This approach aims to ensure that naturalization reflects not just legal eligibility but also moral and ethical alignment with U.S. community standards. 

 

Screening of Foreign Nationals' Social Media activity for Antisemitism

USCIS is considering a foreign national's antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect foreign nationals applying for lawful permanent resident status, foreign students and foreign nationals affiliated with educational institutions linked to antisemitic activity.

Consistent with President Trump’s executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, The Department of Homeland Security (DHS) stated that it is enforcing all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”

“There is no room in the United States for the rest of the world’s terrorist sympathizers, and we are under no obligation to admit them or let them stay here,” said DHS Assistant Secretary for Public Affairs Tricia McLaughlin. “Sec. Noem has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-Semitic violence and terrorism – think again. You are not welcome here.”

Under this guidance, USCIS considers social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests.

TPS for Afghanistan to Terminate on May 20, 2025

The Department of Homeland Security Secretary, Noem, has announced the termination of Temporary Protected Status (TPS) for Afghanistan, with the designation set to expire on May 20, 2025, and the termination taking effect on July 12, 2025.

Romanians cannot enter the US on ESTA as of May 2, 2025

On May 2, 2025, the Department of Homeland Security announced the rescission of Romania's Designation into the Visa Waiver Program. This means that from now on Romanians will need to apply for a B-2 visitor's visa.

SEVIS RECORDS REINSTATED AFTER LAWSUIT

As a response to the court cases filed to challenge the arbitrary and unlawful termination of SEVIS of F-1 students, ICE SEVP is affirmatively restoring students' SEVIS records.

Students whose record was terminated because of prior infractions, arrests or pending criminal cases, are now being reinstated.

So far no reports have been received of SEVIS restoration for individuals whose SEVIS records were terminated for political protest (pro-Hamas and pro-Palestinian activities)etc.

It is important to note that ICE ICE is developing a policy that will provide a framework for SEVIS record terminations. According to this reporting, until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination. ICE asserts that the agency maintains the authority to terminate a SEVIS record.

It is recommended that students affirmatively reach out to their Designated School Officials (DSOs) to check if their SEVIS record, including their OPT (where applicable), has been restored and is accurate. If the record is not accurate, the DSO should request a correction (“data fix”) through the SEVP Response Center (SRC).

An international student whose visa has been revoked, but whose SEVIS record was restored, would likely need to reapply for a visa if they leave or have left the United States before returning.

Supreme Court Says Voluntary Departure Deadlines Do Not Include Weekends or Holidays

In Monsalvo Velázquez v. Bondi, the U.S. Supreme Court ruled that the 60-day voluntary departure deadline in immigration proceedings does not include weekends or holidays. The 5-4 majority decision, delivered by Justice Gorsuch, reversed a 10th Circuit decision. This ruling comes amid heightened immigration enforcement efforts, as DHS Secretary Noem recently launched a multimillion dollar ad campaign warning undocumented individuals to leave the United States or face steep fines, imprisonment, and removal.

Immigration Enforcement Actions Against International Students

Immigration Enforcement Actions

  • The Trump administration is focusing on international students, leading to high-profile arrests and concerns over First Amendment rights. ​
  • The Department of State (DOS) and Immigration Customs Enforcement (ICE) are targeting students for visa revocation and removal. ​
  • Over 300 student visas were revoked recently, with an AI-assisted program screening social media posts of visa holders. ​
  • Economic impact includes a $43.8 billion contribution from international students to the U.S. economy during the 2023-2024 academic year. ​

Student Visa Management

  • Student visas (F-1, M-1, J-1) are managed jointly by the federal government and universities through the SEVIS database. ​
  • ICE has easy access to student information, allowing for swift actions against noncitizens. ​
  • Visa status and noncitizen status are distinct; a revoked visa does not automatically mean removal from the U.S. ​

Visa Revocation Process ​

  • Student visas can be revoked at the government's discretion, typically in extreme cases.  ​
  • Recent revocations have been based on INA 237a4C, citing potential foreign policy consequences.
  • Revocation does not immediately lead to removal; ICE must file a Notice to Appear (NTA) to initiate proceedings.

SEVIS Record Termination ​

  • Termination of SEVIS records can occur without due process, impacting students' ability to work and re-enter the U.S. ​
  • ICE has been terminating records for minor misdemeanors or dismissed cases, raising due process concerns. ​
  • Students lose employment authorization and their dependents' status is also affected upon termination. ​

Due Process Protections ​

  • Students can request reinstatement of their status, but the process is slow, and outcomes are uncertain. ​Universities are currently reluctant to issue Reinstatement I-20s to the students whose SEVIS was terminated.
  • Limited due process protections exist for challenging visa revocation; removal proceedings require an NTA. ​
  • Individuals can contest government evidence and seek legal representation during removal proceedings. ​

Implementation of a New Family Reunification  Parole Process for Ecuador

Today, U.S. Citizenship and Immigration Services (USCIS) announced implementation of a new family reunification parole (FRP) process for certain nationals of Ecuador. This process allows an eligible beneficiary to be considered for parole into the United States on a case-by-case basis while they wait for their family-based immigrant visa to become available. It is available by invitation only to certain petitioners with an approved Form I-130, Petition for Alien Relative, on behalf of an Ecuadorian beneficiary.

What You Need to Know
On Nov. 17, 2023, the Department of State’s National Visa Center (NVC) will begin issuing invitations to certain U.S. citizen or lawful permanent resident petitioners whose Form I-130 on behalf of an Ecuadorian beneficiary has been approved. After a petitioner receives an invitation, they can begin the FRP process by filing Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, and requesting to be a supporter of the principal beneficiary and any derivative beneficiary spouse and children. These beneficiaries may then be considered for advance travel authorization to travel to the United States to be considered for a discretionary grant of parole.

Petitioners must receive an invitation from the NVC before filing Form I-134A under this process. Petitioners may use our online tool to confirm whether they have been issued an invitation. If you are a petitioner and you believe you may be eligible, make sure the NVC has your current contact information and mailing address. To update your contact information and address, contact the NVC through their Public Inquiry Form.

Noncitizens paroled into the United States under this process will generally be considered for parole for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.