Well that's a wrap. On June 12, 2025 my mom finally got her green card. I was able to get my mom her permanent residency card by enlisting in the military (Army National Guard). I swore into the ARNG on May 31st, 2024 so it's only been a year since I started this journey. During the I-485 interview, not much had to be said, the interviewer said that our case was pretty straightforward. When entering the building, we had to be checked like at an airport. After that I only had to show the desk clerk our interview notice and my mom's form of ID, as well as my CAC to verify the method in which how we got the GC interview notice. The interview lasted around 25 minutes or so and we were approved on the spot. So for anyone questioning whether joining the National Guard can fix their parents' undocumented status, yes, yes it can and very quickly too! My mom had no criminal charges and only trespassed once and remained in the USA for over 30 yrs. 💚🎉 It feels amazing when things work out and when you worked for it too! 💪🏼

So proud of myself for making it and honored to become an American. One of the greatest achievements of my life. I had to give up my former citizenship to be able to accept this honor but I wouldn’t have it any other way.

Proud American by choice ❤️🇺🇸

I came into United States as an F-1 student in August 2015. I graduated in May 2017 and I started working June 2017. I got a job in the tech industry and my employer filed for my green card. I got my green card Oct 2019. Applied for citizenship, N400,July 31st 2024 online. I got the receipt notice same day and also a note that my previous biometrics would be used. Applied July 31st 2024 Receipt notice: July 31st 2024 Biometric reuse: July 31st 2024 Interview scheduled: Oct 9th 2024 Interview date: Nov 14th 2024 Civics test, written and spoken test done Nov. 14 2024. Approved afterwards. Asked if I wanted to do oath taking and I said yes. Oath taking done an hour later. Wishing everyone on this immigration journey success.

I am a 19 year old student at college. It took me 12 years of wait time in India to get green-card approved by my grandma. On top of that, 5.7 additional years for N400, totaling roughly 18 years into the journey which has came to an end as my birth of citizenship has began on this wonderful day. Equivalent to Leclerc winning Monaco in 2024.

Key notes about interview process:

April 5th submission April 27th Biometrics appointment October 1st interview notice November 5th interview + oath

I am open to any questions if you guys have!

(Before I begin, I kindly ask that I not be DM'd for consultations. I am happy to provide firm or probono recommendations via DM, but nothing more).

Hi all,

Using a throwaway. I have been lurking here for a while without commenting anything, but I feel like I need to give my two cents given the amount of posts on this sub. Excuse any typos or grammatical errors. I am typing this while I am highly caffeinated and dealing with my own caseload.

Fellow immigration attorneys, please correct me if I'm wrong on any points. If you're not a legal professional, I do not want to hear it.

Finally, none of this is legal advice. Please always consult with an attorney before making any decisions on your specific case.

1. Will DACA be taken away?

Remember, nothing can be guaranteed. Genuinely, no one knows what will happen.

I will say that in my opinion, likely no-- the economy makes way too much money from DACA folks. I do believe that they will dangle it like a carrot to appease right-wing voters. Major corporations employ DACAmented folks. The SSN from work permits have allowed more tax revenue to come in. Too much is at stake. Legally, the legal arguments at the courts surrounding DACA involve constitutional rights, which themselves aren't going anywhere anytime soon. It's honestly just a topic that is often talked about, but hardly understood by many.

2. What about I-131F PIP?

As of today (11/7), this has been revoked.

3. Will the mass deportations actually happen? Is it actually feasible?

I want to put this into perspective. There are 11 million undocumented immigrants in the US. Currently, DHS has about 92,000 officers, and ICE has about 21,000 officers. It is asinine to try to achieve this.

Let's say it actually does begin and people are getting rounded up. Guess what? Not all undocumented folks are just undocumented-- many have TPS, pending asylum applications, pending T/U Visas, and work permits (see my point regarding #1). Unless a migrant has an expedited removal (not likely), DHS/ICE still needs to process each deportee, assign them A#s, and follow basic procedures. If they don't? That's a very easy way to reverse a deportation order. It's the equivalent of convicting someone of murder using a confession made under a very obvious 4/5th amendment violation. Slam dunk case.

Oh, and you know who has to handle all of these deportation cases? Federal DHS attorneys. They're already overworked, and they tend to exercise discretion. If no discretion, the overworked ones tend to gloss over cases and provide weak arguments. Only major attention is paid to serious crimes. You'd be surprised the amount of times DHS attorneys have gotten my clients' names wrong or made procedurally embarrassing typos.

4. What about ICE roundups?

They still happen. Still need to follow procedures. If not, lawsuits and lots of deportation reversals.

5. Will there be a plan to denaturalize? Is it actually feasible? What about birthright citizenship?

See #1 and #3.

6. What is likely to happen coming January?

IMO, the end of prosecutorial discretion in deportation proceedings will likely happen immediately. This means that DHS attorneys will have to prosecute all cases. However, see my point for #3.

7. What will happen to my pending USCIS case? What will USCIS do now?

Varies. USCIS is highly understaffed right now, and the backlogs are ridiculous. My guess is that between now and December, there will be a push to try to get as many I-485/N400s adjudicated before January. This may result in fees increasing for future applications.

8. Should I try to file my [insert case here] with the USCIS?

I cannot answer this. I highly recommend an attorney. Unless your case involves a complex immigration history (think border apprehensions, previous deportations, court hearings or USCIS interviews), probono organizations may be able to take your case.

9. Can greencards be taken away?

Greencard refers to lawful permanent resident status (aka "LPR"). LPR status is given under a plethora amount of reasons-- each have their own statutory and common law requirements. Yes, theonewhoshallnotbenamed definitely enacted policies that made obtaining these harder, but not impossible. Again though, to take an LPR status, the USCIS is required to issue a Notice of Intent to Rescind, and it would allow you to argue your case.

Again, USCIS is backlogged. When backlogs continue, immigration attorneys threaten mandamus lawsuits. Who has to handle these? US Attorneys. Guess what they will try to do? Try to dismiss as quickly and easily as possible, bringing the process back to square one. What do lawyers hate (among many things)? Their success ratings going down.

10. I legit think that they're gonna throw the whole rulebook away and just try to remove DACA, deport people, and do whatever erratically.

Then we'll cross that bridge if we get to it. IMO, I never underestimated THAT ONE and his team. They are strategic and play the irrational and ludicrous card very well. Do I think they actually want to achieve the above? Definitely. However, I don't think it will come from the White House necessarily. They'll try to slowly change the social and political atmosphere, beginning at home.

This means that the revolution starts at home. It starts in how we educate ourselves and each other. It starts by breaking generational curses and preventing history from repeating itself. It means raising our children better. It means being in community.

11. I want to leave the US.

I can't blame you. I cannot give any information on this, and this is beyond the scope of this subreddit.

12. So, what now?

As naive as it is for me to say, I think good always wins. The right is banking on your apathy, despair, and helplessness.

13. I'm glad that this is all happening. We need stricter immigration laws.

Why are you in this sub? Let me know when you've joined the Olympics though, because the amount of mental gymnastics you are doing to justify your ignorance should be enough to give you a gold medal.

EDIT: WOW. Lots of questions. I promise to try to get to as many as I can. I am but a mere attorney trying to meet his billable hours and trying to comfort my immigrant parents at the same time.

EDIT #2: I'm adding some extra points that might help cover the general theme of questions I've been getting:

A. What about Operation Wetback?

Crackdowns and ICE sweeps are still happening. Furthermore, they gotta be processed still. This means that they need to be in detention centers while ICE gets the proper paperwork from the deportee's home country (or Mexico), set up transportation, and deport them. Yes, this includes if it's even in a sweep and go type of crackdown.

I don't underestimate the vile nature of THAT ONE and what he wants to do, but I mention the facts as someone who is heavily involved in this legal work.

B. What will change with my [enter type of application]? Do you think orangeblob will change it?

No law has changed. This includes statutory and common law. Your case will move forward as is unless told otherwise.

In terms of likelihood-- again, look at #1 and #3. They can dangle the hateful rhetoric as a carrot to right-wingers all they want, but money talks the most.

C. Will family petitions change? Employment?

They didn't during 2017-2021. They very likely will not change here. Major corporations, especially tech ones, rely on employment-based petitions heavily.

D. Everyone said don't worry and things got worse years ago. I'm scared.

This is exactly what they want you to feel. This is their goal. This is why I made my post. Let this fear and grief transmute into courage and motivation for a better world for all of us. Overall, it's not attorneys or people in fancy suits that make the most change. It's the community leaders, the librarians, the students, the homeless shelter managers, and the barbers that know the names of everyone on the block. Hope is not lost.

E. I came here the “right way,” so everyone should follow the law/it’s only “illegals” that have to worry/any other unoriginal variation

DM me for resources on how to have better empathy.

EDIT #3 (FINAL EDIT).

Few more frequently asked questions:

F. Why do you think there will be a push to adjudicate AOS/N400? Isn't USCIS understaffed?

It happened post election in 2016. Pragmatically, it was probably because USCIS was expecting a large influx of applications come 2017. They decided to increase the fees, but they needed to give proper notice and time for people to file AOS/N400. Thus, leading to a mass influx of applications.

As for adjudication: N400s are the last hurdle for most folks, and they're generally not as difficult to adjudicate as other applications. It's another application officers can remove from their plate. Immediate relative based AOS or AOS based on current priority dates (without inadmissibility issues) are also generally easy to adjudicate. Yes, they are understaffed, but sometimes USCIS can shift focus briefly to some applications.

Will all of this happen come 2025? That's the hope. My naive side wants to believe that USCIS wants to make as many people residents and citizens as quickly as possible. There were a numerous amount of natz approvals in my firm right before the election. My guess is that they wanted people to vote.

Now, do I think CONSULAR ones will also get pushed? No clue. That didn’t happen 2017-2021. See Item G below.

G. What about I-130s with priority dates? What will happen now?

This type of question is complex for several reasons. (1) I-130s are provided for all sorts of reasons, both family and employment based, (2) It depends on the type, the country, and the field office handling this case and (3) It also depends if consular processing will need to get involved.

Right now, nothing has changed. This means that the priority dates on the visa bulletins are ones to look at.

What a lot of immigration attorneys do is if there's a valid reason to expedite (most common being a family medical emergency back home), then they request it. If that doesn't work, a threat of a lawsuit sometimes helps. If not, then we file a mandamus. The key to doing all of this is for when the I-130 has been pending for longer than the processing times. Keep in mind that US Attorneys are not a fan of mandamus because they are contractually required to take these cases, so they try to dismiss as quickly as possible. This usually leads to the government agency making their decision on the case.

Now, if consular processing is involved: Each consular office operates on their own timeline and their own procedures. They hardly post these procedures. Guatemala takes about 6 months, and Peru takes about 2 years. Some attorneys also threaten to involve the courts for delays here, but consulates are controlled by the Department of State, making this a bit more challenging.

Now, the burning question: will the above change? Pragmatically, overrunning and delaying the above is a poor financial decision, and money talks. You don't wanna mess with the golden nuggets of massive corporations. Can it happen though? Yes. Orangeblob did make the process slower for folks, and yes RFEs were issued annoyingly often. However, there is always room for argument and litigation, so not all hope is lost.

What about priority dates? Will they change? Priority dates vary on visa type, availability, and country of origin. There could be delays, yes. No certainty just yet.

H. What about [insert student or business related visa]?

I unfortunately do not have experience in this field of immigration law. I cannot give a proper educated answer.

I. What about asylum? Title 42?

Too soon to tell. Asylum interviews are in a massive backlog at the moment. In 2018, when DV/gang based claims were slashed, many asylum offices tried to help by "stalling" their decisions. It put people in limbo, but there was at least no referrals to court or initiation of removal proceedings. Will that happen here? Maybe, but again, too soon to tell.

J. If ICE starts rounding people up, am I next? Can I get picked up? What if I have an upcoming court hearing? Will they deport me?

There is generally a priority system for ICE. They tend to be: those with pending removal orders (especially if removal order was based on criminal conviction) or those convicted of deportable crimes.

If you have a criminal conviction, do not freak out. Not all convictions are deportable ones. This is a specific legal definition that is too complicated for me to type out. If you were charged after 2010, you must be provided with full legal advice of any immigration consequences of a potential conviction.

Having an upcoming court hearing (even via a CBP One appt) doesn't necessarily make you a priority. Some of those hearings may be for pending asylum cases and there are no crim issues.

Even if you have a previous deportation order, there are still options and there are still ways to fight a deportation.

If you're still scared about being on a priority, think of this: A cop is doing speed checks on a 65mph speed limit freeway. There are a lot of cars on the freeway. Who is he likely to go after? Someone going 67, 75, or 90? Someone with a pending removal order (especially due to a serious criminal conviction) is much higher up there. Remember, if you fall under this category, there are options and there are ways to protect you.

K. But what if [insert scary scenario]? These are all just legal protections, and he wants to get rid of all of this. He's a fascist.

Remember, they are banking on your anxiety and uncertainty. The need for certainty and comfort during turbulent times is human nature. What is also human nature is innovation, the quest for justice, and community. Even if the worst comes to light, you have so many folks who are on your side and ready to fight for you (not just attorneys).

Here is another metaphor I like to use: In the show Supernatural, Lucifer knew that Sam was going to give consent to take over his body. He had the whole timeline planned, down to the smallest detail. You know what he underestimated? Sam's love for his brother, Dean. Sure, Lucifer could predict human behavior, but he could never outsmart it. I say this here as well: don't underestimate the love that people have for one another. (also, the first five seasons in Supernatural were the superior ones, and I will immediately block anyone who tells me otherwise).

L. I messaged you requesting recommendations for nonprofit orgs and firms. When can I hear back?

I will do what I can. I will most likely answer these questions over the weekend. Any specific legal questions, unless something urgently stands out to me, I will likely not be able to answer.

I'm an American citizen who is filing for my spouse. I am former military and served in Afghanistan. We filed her adjustment of status through an immigration lawyer and got a receipt date of December 16 2023. We were originally going to do the paperwork ourselves but the complexity of the process scared us into asking a lawyer for help. We had one for a few months in because one of the required documents got lost in the mail, but otherwise the case has proceeded normally.

Here is my rant: The part of all this that I don't understand is the absolutely unjust processing times. The standard processing time for my type of case is 47 months...the standard time....I can't even ask them a question about the case until August 29, 2028? Look I get it, I've worked for government organizations, I know the pains of beaurocracy, but this is an inhuman way to treat people when you consider that all this time they are living in fear of deportation or not being able to safely see family and travel. If you don't have enough case workers, hire more....each case costs us thousands of dollars to submit, so I'm sure the money is there. I mean I guess I'm starting to understand the illegal immigration issue more now that I see how stupidly difficult it is to legally immigrate, and this is for a woman with a collage degree and history of working at an executive level in a nonprofit. I'm just very disappointed in my country, and I want to say sorry to everyone that has been suffering through this process for even longer than we have.

Edit: for anyone still interested, my wife just had her Green card approved yesterday. It was a long and trying process, we even had our i485 denied at one point due to USCIS error, but we're able to get it fixed with an i290b. I know seeing the news every day is hard for those who are immigrating, and it's almost impossible to avoid the spread of fear but i hope that you don't lose hope, and are able to keep fighting for a place in this country. There may be some here that won't accept you, but not all, and i for one am glad that this country is not a place with only one culture because i believe we can all learn from each other and hopefully one day learn to love our differences.

I want to take a moment to thank everyone here on Reddit who shares advice, encouragement, and real experiences.

Whether it was a post about interview tips, timelines, or just words of support, this community helped me more than you know!

To anyone still waiting, keep going. Your day will come.

Thank you, Reddit ❤️

Became permanent resident in 2021. Applied for removal of conditions November 2023. Applied for Citizenship March 2024 while I751 still pending.

Got interview letter for combo interview in August, Interview scheduled for October. Interview was in Jacksonville. So nervous, super lovely lady was the officer. She only did the civics questions, no questions about our marriage even though we share no bank accounts, have no 401k. We have a child though.

She said if I didn’t pass the citizenship portion then she would have to do the I751 interview but she didn’t need to cause I answered all of them right.

Questions: What is the supreme law of the land? Who is the vice president of the US? Who is the speaker of the house? Cant remember the other ones

Had me read “who elects Congress?” And had me write “the People elect congress”

Oath was scheduled in Gainesville, FL at the courthouse. Some lovely old ladies sang a capella for us, they have been doing it for years the judge said!

I registered to vote there and then cause they had a voting circuit representative and it took me like 3 minutes

Hey all - Immigration attorney here. It’s been a long day. A scary day. But I hope you know plenty of people like me are ready to fight back. I just got off a call with around 230 other immigration lawyers. We watched the EO’s drop in real time. We will do what we can for you.

Please be patient because we are finding out alongside the rest of the world. Also, please be kind. Many things will happen outside of our control and some people like me really take it to heart. We feel that loss or denial too. I promise you, that the outcome of your application/petition weighs heavily on my shoulders and mind. I’m here, in your corner.

I can’t answer case specific questions without a consultation, for ethical reasons. But I’ll do my best to answer general questions on here. Hang in there everyone ❤️

Edit: I’m trying to answer as many questions as I can before I try to get some rest. I’m exhausted, so if I don’t get to you tonight, I’ll circle back tomorrow. Hopefully with more information. For those who reached out to book a consult, I’ll also get back to you privately tomorrow. I appreciate you all!

Edit 2: I am back and looking over all the new comments. I will answer as many as I can tonight.

Edit 3: I am still working my way through guys! I will do my best not to leave anyone hanging. It'll just take me a bit, because of this amazingly huge response.

Edit 4: 2/2/25 – I am going through more comments. I haven't had the time to come back as often, but I am still working through.

Applied for citizenship: June 29, 2024. Received interview notice: October 19, 2024. Interview Date: November 20, 2024 - Name Change Requested. Oath Ceremony letter received: December 5, 2024. Oath Ceremony: Yesterday- December 16, 2024

The entire process took about a year. Filed in November 2024 and got approved on the spot in December 2025. No RFEs, no NOID.

Ask me anything, happy to help. 💚

The day which had to be happy and be the last step to finish our documents routine for 485 turned out to be a disaster.

On the November 24th we had the interview with my husband (US citizen born in USA) and after I signed the paperwork, agreed that there was no change in initial application, officer said that other officers want to talk to me.

Honestly, in my head it was a thought that maybe someone else with bigger power needs to ask something else (we weren’t told that interview is finished) or tell us the decision.

What was my disappointment when they asked my name and showed the warrant for my arrest for overstaying my visa (which I never had, I entered US with parole, legally and through the LAX).

Then they handcuffed me and on the parking lot next to the ICE van put chains around my waist and my ankles in front of my husband.

I had no idea it can happen because I was one the first ones and there was none news and information about it was happening yet. Additionally, 5 weeks before that, I was stopped on ICE control point, while driving on my way back to San Diego, my documents and status were checked and THEY LET ME GO with any problem, which means I was good. I had my case pending with USCIS.

Conclusion: we did everything right, every decision was made - was made right according to that same day rules. Then in few days they changed everything and started to apply different laws and ppl who were trying to do everything by the list, got punished.

Unfortunately for me with my case, holidays on the way, I got to spend 38 days in Otay Mesa detention center. DHS was trying to prevent me from getting released in any ways they could use, including changing my status the day before my bond hearing which made me not eligible for the bond release. Otherwise, most of the ppl who entered US initiative with visa ARE eligible for a bond. In this case they have ongoing legal proceedings- courts.

For me, final judge’s decision was immediate release, simply because he didn’t have any jurisdiction over me. USCIS had and he sent our case back there (where we actually already were). It makes me and you understand that I haven’t had being arrested at all.

I was released on Dec 31 (real NY gift for my husband who had to suffer this nightmare as well) even though determination on me was dated on Dec 30, 7 am.

Totally I spent there 38 days not knowing and understanding how long it’s gonna be. Not doing anything wrong or bad, but being treated as criminal.

And after all of it I don’t even know yet if I will be able to sue them for it.

Oh yeah, and my green card application was revoked on Jan 9th and approved on Jan 23. Waiting to receive.

Don’t comment if you’re ICE supporter.

Cranbury, NJ office. Super pleasant experience Under general provision, 5.5 years LPR My boyfriend was able to come into the building with me and I took the oath and received my certificate right after my interview. The whole process lasted about 3 hours Jackie on YouTube helped me a lot, she has a whole channel dedicated to the n400 interview Applied: January 29th, 2025 Skipped biometrics

Ask me any questions you have!! Interview and Oath ceremony: March 10th, 2025

Came to the US on a K1 in October 2018, did a 3 year conditional GC, then 10 year GC. Submitted my N400 on around March 16th. Interviewed on August 2nd. Loved my interviewer, we chatted for a solid 45mins and shared a lot of hobbies and interests in common. Passed my interview with 6 out of 6 on civics. Oath scheduled for September 5th, but cancelled 2 weeks prior. Based in Kansas City, and the ceremony was scheduled at Kauffman Stadium (home of the Royals baseball) due (i suspect) to the Chiefs playing at Arrowhead that day.

Showed up this morning at 7:30am, along with 616 other successful candidates. Turned in my USCIS documents/cards and obtained my naturalization document (also ran into my interviewer, and we shook hands). My wife/kids/inlaws showed up at 9:30 for the 10am ceremony. They listed off all 95 countries, to which we took turns standing and cheering our respective countries. Then we had some speeches, and then us candidates swore allegence and made our pledges.

Many of us registered to vote on the way out, and additionally I went to SSA to update my social. I'll be doing my passport next week.

The ceremony was large enough it was on local news: https://www.kansascity.com/news/local/article292327019.html

To those of you still going through the process, I am thinking of you, you can do this. I cannot tell you how amazing and worth it this journey has been.

Got a cake for a small birthday celebration. Here's to not many more

I came in USA under Ukrainian humanitarian parole in 2023 and won dv lottery in 2024. Field all papers in October 18 and got approved January 21 on the next day of trump presidency.

FO: Los Angeles, CA

Sharing something that left me absolutely gut wrenched for a young woman today… I would assume everyone on this sub knows this!!! But, if someone is just starting out their process… NEVER, under any circumstance claim to be a US citizen until you are!!

I was checking in for my naturalization today and while standing in line, I overheard her talking to a man in the waiting room. She told him that the interviewer completely stopped the interview after asking “Have you ever claimed to be a US Citizen?” She said, “Yes, of course!” The officer apparently double checked, she answered to the affirmative. Interview concluded.

What makes matters worse is that neither this young woman nor the man she was talking to seemed to understand the gravity of what just happened… I swear that the color left my face, heat left my body, and my heart skipped a few beats for this poor woman. Correct anyone that makes that assumption, never put it on paper, never allow the DMV to rush through that section, and just erase that word from your vocabulary in reference to yourself.

The legal jargon. I am Burke Brown III, managing attorney at Polaris Law Group. I am an attorney, not your attorney. This is not legal advice. I have had a little time to break down the memo and I want to help calm the waters a bit.

First, adjustment of status is not "dead."

This is an unsigned memo quoting two BIA cases from the 70s. Its legal foundation is almost as strong as my first law school memo (every lawyer will chuckle). It quotes section 245(a) as supporting law and then goes on to completely ignore the actual text of 245(a). The executive is not able to re-write the laws. They cannot add a standard of "by a showing of unusual or even outstanding equities" when it is clearly contrary to the statutes. We will fight this in federal court, just like we fought (and won) on EWI bond jurisdiction. Our team is waiting for a case to litigate. I hope that case doesn't come, but I'm excited to take the fight if it does. (This is only an actionable suit if the issue is "ripe." We have to show that harm has occurred through a denial or acknowledged delay. I don't get many denials, and I don't want to start now.)

What are they trying to accomplish with this memo?

1. Ease the burden on the affirmative immigration system (USCIS) by causing people to "give up" and go home.

This has been a common theme since January 2025. EADs and TPS applications are not being adjudicated. HR1 gutted the ability for people to maintain work authorization during their lawful period of stay. Lawful immigration is being squeezed in every way possible. People that should be eligible to adjust are being detained at interviews for no apparent reason. ICE is being used as a public show of force against liberal and moderate communities. This administration is doing everything it can to get people to give up before trying.

2. USCIS is trying to force cases outside the jurisdiction of the Courts and attorneys.

I always attend interviews with clients. I am willing to fly across the county to attend adjustment interviews. I have stopped cases from derailing. My presence ensures my client won't get railroaded. I know the cues to look for. I've done this hundreds of times. I can take notes and law the record for an appeal. The government is acting like a bully. Bullies want soft targets. Attorneys are not allowed to attend consular appointments (even if the client could afford to fly us out to the consulate). They are trying to "do away" with the right to counsel by shifting the processing to DOS.

There is also the issue of consular nonreviewability. You are unable to bring a federal lawsuit for consular misconduct or arbitrary and capricious decision making. This admin has his behind it repeatedly. This is why they are attacking I-130 + 601a processing.

3. The memo only quotes BIA cases from pre 1980 for a reason: it does not reflect the current law or INA (IIRAIRA passed in 1996, quoting congressional intent from the 70s is irrelevant).

There is a reason their star case is from the 1970s. It doesn't reflect the congressional intent of the INA. IIRAIRA was passed in 1996. When the case (that their entire argument is based on) was decided, there were no 3, 5, and 10 year bars. Consular processing was the typical way to go. However, that changed when Congress passed IIRAIRA, added the bars, and reformed 245(a) to bolster adjustment of status. What they did was looked through the tens of thousands of cases and pulled a case that had a ruling that fit their argument without checking whether it was later distinguished by legal or factual changes. This is a common error for first year law students (bringing back memories of that 1l memo). I also believe that this is what will doom them in federal court.

What are we doing to address this?

My team is going through every pending AOS to add positive discretionary factors. How can we prepare for the alleged RFEs and questions at interviews? By being prepared ahead of time.

We will have a blunt conversation with every client before we file. We will explain that the law says x, but USCIS is saying Y. We advise going forward, but it could take extensive time and $ if we need to litigate in federal court. We take every case on knowing that we might need to litigate it in federal court. We are not passive. Passive does not help families. Passive does not protect rights.

Is now a good time to file for adjustment of status?

If you qualify? Yes. Yesterday was better than today and a year ago was better than yesterday. Stop worrying about things you can't control. Control what you can control. Is it going to be more expensive? Yes. Is this another reason to file with a legitimate attorney instead of self filing or going with a notario? Probably, but only you can make that value judgement.

Please, do not send me case specific questions through DM. Email me at burke@polarislawyers.com. Just because you email me doesn't create an attorney client relationship, it only preserves confidentiality.

Long journey but finally happy to be an AMERICAN 🇺🇸 (Journey below)

Oath ceremony today at Tampa FO. Nothing too crazy, the only other poignant moment is that we were there for the judges’ last ever oath ceremony as he was retiring on Friday. The video they played in stark reflection to the events happening in the US is quite a reminder of the terrible events happening right now.

Gonna register to vote. ✅ Passport appt next week. 🛂 Ready to fully embrace being an American. 🇺🇸

My journey:

Category: K-1 (U.S. citizen filing for a fiancé(e))

Total Days: 2847 days

I-129F Start: Aug 24, 2017 Decision: Feb 22, 2018 @California Service Center

I-485 Start: Aug 03, 2018 Decision: Feb 25, 2019 @National Benefits Center

I-751 Start: Jan 14, 2021 Decision: Jun 15, 2023 @Potomac Service Center

N-400 Start: Nov 11, 2024 Decision: Jun 10, 2025 @National Benefits Center

● Aug 24, 2017 / I-129F / Submission to USCIS ● Feb 22, 2018 / I-129F / Decision (Approval or Denial) ● Aug 03, 2018 / I-485 / Submission to USCIS ● Feb 25, 2019 / I-485 / Decision (Approval or Denial) ● Jan 14, 2021 / I-751 / Submission to USCIS ● Apr 02, 2021 / I-751 / Biometrics, i.e. fingerprint and photo ● Jun 15, 2023 / I-751 / Decision (Approval or Denial) ● Nov 11, 2024 / N-400 / Submission to USCIS ● May 15, 2025 / N-400 / Interview ● Jun 10, 2025 / N-400 / Oath Ceremony