USCIS has paused approvals for a wide range of immigration applications while implementing enhanced FBI background checks mandated by an executive order from President Donald Trump. The new process requires officers to resubmit fingerprints for pending cases if prior checks predated April 27, 2026, and to access expanded criminal history data through the FBI’s Next Generation Identification system. This operational freeze affects hundreds of thousands of pending cases across green cards, asylum, naturalization, and family-based petitions.
What changed
The changes stem from an executive order directing DHS to use federal criminal records ‘to the maximum extent permitted by law,’ which expanded data-sharing between USCIS and the FBI, enabling deeper vetting capabilities. USCIS issued guidance to operationalize the order, halting approvals until the new checks were applied to all relevant cases.
This applies to green cards, asylum, citizenship, and sponsorship petitions, with pending cases requiring fingerprint resubmission if earlier FBI data was received before the new standard took effect. In most cases, USCIS will use fingerprints already on file rather than requiring applicants to attend new Application Support Center appointments.
Officers were directed that the resubmission process is not required for cases they intend to deny, indicating the enhanced screening is focused on cases otherwise eligible for approval. As of April 30, 2026, holds have been lifted for individuals vetted through Operation PARRIS, certain petitions filed by U.S. citizens, intercountry adoption forms, certain rescheduled oath ceremonies, refugee registrations for South African citizens and nationals, certain special immigrant visa petitions, certain employment authorization documents, asylum applications from non-high-risk countries, and applications associated with medical physicians.
Why it matters
Immigration attorneys expect significant slowdowns as officers process both new and re-submitted applications. The re-screening requirement and expanded checks add procedural layers that could exacerbate existing backlogs. Past procedural shifts suggest such changes often lead to months of extended processing before stabilizing, especially when applied to multiple benefit categories simultaneously.
With USCIS now enjoying expanded access to FBI criminal history databases under Executive Order 14385, the agency may uncover criminal records that were not previously available to or reviewed by immigration adjudicators — including records from jurisdictions that did not previously share data with federal immigration authorities, as well as arrests that did not result in convictions, juvenile records, and sealed or expunged records. This expansion creates real risk for applicants with any undisclosed or partially disclosed criminal history.
Your client’s case status will not move to approval until USCIS resubmits fingerprints and receives cleared results through the new system. Already-scheduled interviews are expected to proceed; however, the issuance of final approvals is largely paused until the new checks are completed. For clients with expiring work permits, visas, or time-sensitive life events, this delay poses serious status-maintenance and strategic risk.
Over the last few weeks, federal courts in Maryland and Massachusetts have issued decisions challenging USCIS’s authority to freeze the processing of immigration applications indefinitely. On April 30, 2026, a federal court in the District of Massachusetts granted a preliminary injunction in Akmurat v. Trump, finding that USCIS’s adjudication hold of adjustment of status applications and work authorization applications for close to 200 plaintiffs is likely unlawful. Similarly, on April 24, 2026, the United States District Court for the District of Maryland partially granted a preliminary injunction which enjoins USCIS from pausing the processing of adjustment of status applications (Form I-485) of the 83 plaintiffs involved in the Saghafi v. Edlow lawsuit. In both decisions, the Courts reason similarly that USCIS policies are arbitrary and capricious, are contrary to law and that plaintiffs would suffer irreparable harm.
Way forward
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Audit your pending client roster immediately. Identify all cases with fingerprints collected before April 27, 2026. Tag them for monitoring and flag any with expiring work authorization, visas, travel permits, or time-sensitive events (job start dates, oath ceremonies, visa waiver deadlines).
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Proactively address undisclosed criminal history. For applicants and petitioners who have any criminal history that was not previously disclosed on their immigration applications — whether due to prior inaccessibility of the records, misunderstanding of what must be disclosed, or any other reason — now is the time to consult with an immigration attorney and proactively address those records. Do not wait for an RFE or NOID.
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Monitor federal court litigation. Track Akmurat v. Trump and Saghafi v. Edlow in Massachusetts and Maryland federal courts. Relief is case-class-specific, but attorney networks are building national coordination. Consider whether a mandamus or APA challenge is viable for your client’s circumstances.
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Advise clients on case status monitoring. USCIS has publicly stated that delays ‘should be brief and resolved shortly’ and that processing remains ‘ongoing’. Counsel that this statement should not be relied on for timeline planning. Instruct clients to monitor their case status online regularly and to contact you immediately if they receive a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Immigration policy, USCIS procedures, and federal court rulings can change without notice. The information herein reflects announcements and guidance as of the publication date but may be superseded or clarified by subsequent agency action or court order. You must verify the current status of any policy or pending litigation against primary sources before advising a client or making a filing decision. Consult a licensed immigration attorney for advice specific to your circumstances.