Tagged #consular-processing
Every article we've published on this topic, sorted by the agency's own announcement date.
State Department Considering $100,000 Bonds for Green Card Applicants Abroad
The Trump administration is weighing a proposal to require certain green card applicants at U.S. consulates overseas to post bonds of $100,000 upfront as proof of financial independence. Practitioners should monitor this developing policy.
State Department Eyes $100,000 Green Card Bond for Overseas Applicants
The Trump administration is evaluating a proposal to require certain green card applicants abroad to post a refundable $100,000 bond. Here's what practitioners need to know.
Court Stays H-1B $100,000 Fee Vacatur; Collection Resumes Pending Appeal
A Massachusetts federal court temporarily stayed its June 8 ruling that vacated the $100,000 H-1B consular processing fee. USCIS may now collect the fee while the First Circuit reviews the government's anticipated appeal.
"Why Can't an American Do This Job?" — New H-1B Interview Scrutiny
Immigration attorneys report a surge in consular officers asking employment-based visa applicants to explain why a U.S. worker could not fill the role. Preparation strategies are essential.
Visa Bonds for B-1/B-2 Visitors: 50 Countries Now Subject to Refundable Bond Requirement
The State Department's visa bond pilot program now requires nationals from 50 countries to post $5,000–$15,000 bonds as a condition of B-1/B-2 visitor visa issuance. Learn who is affected, how bonds work, entry restrictions, and refund rules.
State Department Suspends Visas for Nationals of 39 Countries Under Proclamation 10998
DOS implements full and partial visa suspensions for nationals of 39 countries effective January 1, 2026, under Presidential Proclamation 10998. Practitioners must identify affected nationals, available visa categories, and case-by-case exception procedures.
Trump administration memo restricts green card applications filed in the U.S.
USCIS policy memo PM-602-0199 requires most green card applicants to apply through consular processing abroad except in extraordinary circumstances. Learn what changed and how to advise clients.
USCIS Limits Adjustment of Status to Extraordinary Circumstances
USCIS announces new policy restricting adjustment of status applications in the U.S., requiring most applicants to pursue green cards through consular processing abroad.
USCIS Green Card Policy Reversal: Applicants Now Required to Apply From Home Countries
USCIS policy memo restricts on-U.S. green card applications. Practitioners must now advise clients to file overseas, with limited exceptions. Major shift in consular processing vs. adjustment of status strategy.
USCIS Limits Green Card Adjustment of Status to Extraordinary Circumstances
USCIS policy memo requires most visa holders to pursue green cards through consular processing abroad, not adjustment of status in the US. Major shift affects employment, family-based, and humanitarian applications.
USCIS Issues Stricter Adjustment of Status Policy Memo
USCIS PM-602-0199 reframes adjustment of status as extraordinary discretionary relief, requiring officers to apply heightened scrutiny. What practitioners need to know about the shift.
USCIS Tightens Adjustment of Status: Non-immigrant Visa Holders Must Return Home to Apply for Green Cards
USCIS issued a policy memo in May 2026 restricting adjustment of status eligibility. Nonimmigrants with temporary visas seeking permanent residence must now apply through consular processing outside the U.S., except in extraordinary circumstances. Immigration practitioners must understand the retroactive application and heightened discretionary standard.
USCIS Reframes Adjustment of Status as "Extraordinary" Relief—What Practitioners Need to Know
On May 21, USCIS issued Policy Memo PM-602-0199 recharacterizing adjustment of status as discretionary "extraordinary" relief, likely requiring most green card applicants to return abroad for consular processing. Learn what changed, the legal uncertainty, and immediate next steps.
USCIS Green Card Policy Shift Requires U.S.-Based Adjustment of Status to Meet Higher Bar
USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, treating in-country adjustment of status as extraordinary relief. Learn how the new guidance affects your green card strategy and filing timeline.
USCIS Limits Adjustment of Status to "Extraordinary Circumstances" — What Practitioners Need to Know
USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, declaring adjustment of status an extraordinary discretionary benefit. The memo applies retroactively to pending cases and signals heightened scrutiny of all AOS applications.
PM-602-0199: Adjustment of Status Now Subject to Heightened Discretionary Scrutiny
USCIS Policy Memo PM-602-0199 reframes adjustment of status as extraordinary discretionary relief, not routine. Learn how this shifts adjudication standards for I-485 applicants and what practitioners need to advise clients.
USCIS Reframes Adjustment of Status as Discretionary Extraordinary Relief
USCIS issues policy memo PM-602-0199 recharacterizing adjustment of status as discretionary administrative grace, not automatic. Practitioners must now expect heightened scrutiny and stronger discretionary showings in AOS cases.
Visa Bulletin: Final Action Date vs Date for Filing, and When DOS Flips the DFF Toggle
What the two date charts in the monthly Visa Bulletin actually mean, when USCIS lets adjustment applicants use the Dates for Filing chart, and how DOS makes the call.
I-601A Provisional Unlawful-Presence Waiver: Eligibility Before the Consular Interview
Who qualifies for the I-601A in-country waiver, what the 2016 and 2022 expansions changed, and how the provisional approval interacts with the consular interview.
INA §212(a)(4) Public Charge at the Consular Stage: DS-5540 and DOS's Reading of 'Totality'
What DOS actually weighs under public charge after the 2022 USCIS rule reset — and how the DS-5540 sits inside the totality-of-circumstances analysis at post.
INA §214(b) Refusal: Overcoming the Presumption of Immigrant Intent
Why nearly every B, F, and J refusal is a 214(b) — and the FAM-grounded ways to rebut the presumption on the next attempt.
State Department Directive: Denies Visas to Applicants Who Express Fear of Returning Home
The State Department issued a worldwide cable requiring consular officers to deny nonimmigrant visas to applicants who admit experiencing harm or fear returning home. Effective immediately, the policy affects all visa applicants and creates credibility traps for later asylum claims.
DS-260 Immigrant Visa Application: The NVC Packet and Follow-to-Join Timing
How the National Visa Center sequences fees, civil documents, and the DS-260 — plus the follow-to-join rules that keep spouses and children eligible.
DS-160 Nonimmigrant Visa Application: Common Rejection Reasons and How to Fix Them
A practical guide to the DS-160 errors that quietly trigger 221(g) holds, mandatory reschedules, and 214(b) refusals — and what to do before you sign.
9 FAM 302: How State Department Consular Officers Apply Visa Ineligibilities — and Where They Diverge from USCIS
How 9 FAM 302 codifies the State Department's interpretation of INA §212(a) grounds of inadmissibility for visa adjudication, and the recurring pattern of consular denials after USCIS approval.
L-1 Blanket vs Individual Petitions: When the §214(c)(2)(A) Blanket Pays Off
The L-1 blanket petition framework under INA §214(c)(2)(A), the qualifying-employer thresholds, and how the consular L visa path differs from an individual L-1 petition.
The K-3 Spouse Visa: When It Still Makes Sense (and When It Doesn't)
Created by the LIFE Act as a shortcut for spouses waiting on I-130 adjudication, the K-3 is now administratively closed in most cases. Here is when it still has a real use.
INA §212(d)(3) Nonimmigrant Waiver: The Matter of Hranka Factors
How DOS and CBP weigh the §212(d)(3) discretionary nonimmigrant waiver — and how the BIA's three Hranka factors structure every recommendation.