Martha Arias Immigration Attorney | Immigration Updates

Federal Judge Vacates $100,000 H-1B Visa Fee

Martha Arias — Wed, 10 Jun 2026 16:57:35 +0000

A federal judge has vacated the $100,000 fee that the government had imposed on certain new H-1B visa petitions. This is an important development for employers, professionals, universities, healthcare organizations, and skilled workers who rely on the H-1B visa program.

The H-1B visa is commonly used by U.S. employers to hire foreign professionals in specialty occupations, including technology, education, healthcare, engineering, finance, and other fields that often require a bachelor’s degree or higher.

According to the court, the administration did not have the legal authority to impose this $100,000 payment requirement through the challenged policy. For now, this means employers should not be required to pay that additional $100,000 fee when filing affected H-1B petitions.

However, this matter may not be over. The government may appeal the decision, and employers should continue to follow official USCIS and Department of State updates before filing or making business decisions.

For businesses, investors, and professionals, this ruling is a reminder that immigration rules can change quickly. Before filing an H-1B petition or planning a hiring strategy, it is important to review the most current requirements and understand how they apply to the specific case.

Martha L. Arias, Esq.
Immigration Law Attorney

Martha L. Arias, Esq.

Business & Employment Immigration Attorney

If you are an employer, investor, entrepreneur, or professional exploring U.S. business immigration options, the right legal guidance can help you understand the visa strategy, filing requirements, timing, and potential risks before you move forward.

Arias Villa, PLLC assists clients with business visas, investor visas, employment-based immigration, H-1B matters, and related immigration planning. To discuss your options, contact immigration attorney Martha Arias and her team at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Immigration rules may change, and each case should be reviewed individually.

The post Federal Judge Vacates $100,000 H-1B Visa Fee appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Rhode Island Ruling: Hope for Delayed Immigration Cases

Martha Arias — Tue, 09 Jun 2026 19:40:32 +0000

What the Rhode Island Court Ruling May Mean for Delayed Immigration Cases

During my recent interview with Jessica Morales on TVV, we discussed an important federal court decision from Rhode Island that may affect thousands of people whose immigration cases have been delayed or paused.

On June 5, 2026, Chief Judge John J. McConnell Jr. of the U.S. District Court for the District of Rhode Island struck down several USCIS policies that had delayed or frozen decisions on immigration benefits for people from 39 countries. Reports describe the affected benefits as including asylum decisions, work permits, green cards, and naturalization applications. The court found that the policies exceeded agency authority and were unlawful under administrative law principles.

This does not mean that every case will be decided immediately. One important point I shared in the interview is that the court’s decision did not set a specific deadline for USCIS to act. The government may appeal, and it may also ask for a stay of the ruling while the appeal is pending. Until USCIS provides clearer instructions or higher courts take further action, many families will still need to watch their cases carefully.

WATCH IT ON SPOTIFY

FOLLOW ME ON SOCIAL MEDIA

For people whose work permits, asylum decisions, green card cases, or citizenship applications have been delayed, the next step depends on the facts of the case.

Some applicants may have strong reasons to request expedited action, especially if the delay is causing serious financial hardship, the loss of a driver’s license, employment problems, medical complications, or family hardship. Others may be in a better position to wait and monitor the situation.

We also discussed the recent USCIS policy memorandum regarding adjustment of status. USCIS announced in May 2026 that adjustment of status is considered an extraordinary discretionary benefit, and the agency’s memorandum discussed discretion in adjustment cases. However, many practical questions remain because attorneys, applicants, and even officers still need clear guidance on how these standards will be applied case by case.

Finally, with the World Cup taking place in the United States, I reminded viewers that visitors and noncitizens should carry proper identification and proof of lawful status when appropriate. CBP provides an official I-94 website where travelers can retrieve their most recent I-94 record, check travel history, and review travel compliance information.

My message is simple: stay informed, keep copies of your immigration documents, check your USCIS account regularly, and do not assume that a public announcement automatically solves an individual case. Immigration law is moving quickly, and each case deserves careful review.

Legal Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. Immigration cases depend on individual facts, documents, dates, immigration history, and government action. Speaking with an attorney does not create an attorney-client relationship unless a formal agreement is signed.

Martha L. Arias, Esq.
Immigration Law Attorney

Martha L. Arias, Esq.

Dedicated Immigration Law Attorney

If your work permit, asylum decision, green card, or citizenship case has been delayed, legal guidance may help you understand what can be done.

For professional and dedicated immigration legal services, reach out to our immigration attorney Martha Arias and her team at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

SPANISH TRANSCRIPT:

Entrevista de Martha Arias con Jessica Morales en TVV

JESSICA MORALES:
En esta parte revisamos información de carácter migratorio en los Estados Unidos.

Es que un juez federal de Rhode Island ordenó, a finales de la semana pasada, a la administración Trump levantar la pausa administrativa que impedía procesar solicitudes de asilo y beneficios migratorios, como permisos de trabajo, residencia permanente y ciudadanía, para personas de 39 países considerados de alto riesgo.

Este fallo impacta a miles de personas en Estados Unidos y, para abordar el alcance de esta medida y también sus detalles, nos acompaña Martha Arias, abogada de inmigración. Abogada, gracias por estar con nosotros.

ABOGADA MARTHA ARIAS:
Muchísimas gracias, Jessica, por invitarme, y un saludo para usted, todo su equipo de trabajo y todos sus seguidores.

JESSICA MORALES:
Gracias. Luego de esta decisión, de este dictamen de este juez federal, ¿qué podríamos esperar, en principio, de la administración de los Estados Unidos?

ABOGADA MARTHA ARIAS:
A ver, ¿qué podemos esperar? Podemos esperar dos cosas.

La primera es que apelen. Tienen 30 días para apelar y, dentro de esa apelación, pueden pedir también que se pause la aplicación de esta orden del juez. Es decir, que no se aplique; es decir, que continúe la pausa. Eso podemos esperar.

Los expertos analizan el punto y dicen que probablemente el gobierno federal va a apelar y va a pedir una pausa de este fallo del juez. Esa es una posibilidad.

La otra posibilidad es que el gobierno, USCIS, actúe y empiece a decirnos, o a emitir un comunicado, de cómo va a empezar a evaluar y a procesar todos esos casos que han estado paralizados ya por casi dos años.

JESSICA MORALES:
Esto, ya luego de este dictamen, ¿en cuánto tiempo USCIS debería empezar a reactivar estos trámites administrativos que estaban objeto de esta pausa?

ABOGADA MARTHA ARIAS:
El fallo del juez John McConnell no dice, no establece, un término bajo el cual tiene que regirse inmigración. Es decir, no le dice: “tiene que decidir en tanto tiempo” o “reactivar los casos en tanto tiempo”. No lo dice.

Por lo tanto, aquí lo único que podemos esperar es que el gobierno actúe de acuerdo con el fallo y reactive los casos cuando lo considere pertinente, o que apele.

Entonces, no hay un término fijo guiado por este fallo.

JESSICA MORALES:
En esta apelación, si resulta que la administración no tiene una respuesta favorable, ¿puede ir a otra instancia, como la Corte Suprema?

ABOGADA MARTHA ARIAS:
Correcto. Si la Corte Suprema autoriza el certiorari, que es como la revisión que ellos autorizarían para tomar el caso, puede ser. Entonces, primero, este juez federal tiene que ir a una corte de apelaciones; después, posiblemente, puede ir a la Corte Suprema.

Vamos a esperar a ver cuál va a ser el camino que esto vaya a tomar. Y pues todos sabemos que la Corte Suprema ha estado muy, por decirlo así, condescendiente con las políticas administrativas de la administración actual. O sea que no sé qué posibilidad tenga este caso en la Corte Suprema.

Pero bueno, por lo menos el juez fundamentó muy bien su decisión. Fíjate que, en esta decisión, el juez claramente dice que él no se está metiendo en la parte analítica de la política del Ejecutivo. Es decir, él dice: el Ejecutivo tiene derecho a establecer políticas administrativas.

Lo que yo, como juez, estoy analizando es únicamente la legalidad de estas políticas, porque la ley establece unos parámetros y esta política no tiene fundamento en la ley, porque únicamente se están pausando casos debido a la nacionalidad de la persona, no porque esas personas hayan cometido algo malo o hayan violado la ley. Simplemente por haber nacido en X o Y país están siendo sancionadas.

Entonces, el juez me parece a mí que hace un buen razonamiento, yo creo que previendo que haya una apelación y previendo que esto llegue a la Corte Suprema.

JESSICA MORALES:
Ahora, mientras se espera esta respuesta de USCIS, de las autoridades migratorias, acerca de cómo se va a empezar a acatar esta medida de este juez federal, o mientras se conoce si va a haber o no va a haber apelación, ¿qué deben hacer las personas cuyos trámites migratorios están en este momento bajo esta pausa administrativa? ¿Qué medidas deberían tomar?

ABOGADA MARTHA ARIAS:
Bueno, aquí es importante que los que vayan a recibir, o están bajo un problema financiero que les vaya a causar un problema financiero grande, por ejemplo, el que no tengan sus permisos de trabajo porque están pausados, yo pienso que esas personas deberían empezar a mandar cartas para pedirle al gobierno que agilice sus trámites en acato a la decisión de este juez de Rhode Island.

Muchas personas pueden tener ese “financial hardship”, o ese daño financiero. Entonces deberían hacerlo.

Otras, si no tienen esa forma de mostrar que hay un problema financiero grave, pues podrían esperar hasta que se determine si se va a apelar o no, y si hay una próxima decisión.

Pero muchas personas pueden pedir al gobierno, a USCIS, que empiece a ejecutar esta orden del juez. Esto va a ocasionar todavía aún más peticiones que se manden para hacerle agilización a los casos, pero es lo mismo que estamos viendo en este momento: mandamos a pedir agilización y ellos tienen papeles y papeles que siguen recibiendo, y los casos siguen en ese limbo.

Mira, una de las cosas que precisamente dice también el juez en su decisión es que no es justo que muchas de esas personas estén en el limbo y que les esté ocasionando un daño, un perjuicio no solamente económico, sino social y familiar, porque hay personas que no pueden conducir porque no tienen su licencia de conducir; no pueden llevar a sus hijos al trabajo o al estudio, a la universidad, qué sé yo.

Entonces, esto tiene unas implicaciones, y las personas deberían también estar empezando a mandar esas cartas a inmigración.

JESSICA MORALES:
Y además de eso, estimamos que deben estar muy atentos al punto en el que están sus casos; es decir, revisar sus cuentas de inmigración, estar atentos a ver si hay alguna comunicación, porque si es así, en cualquier momento podrían ser llamados o les podrían solicitar evidencia. Le consultamos esto a usted, abogada: ¿estos son escenarios que se pueden presentar?

ABOGADA MARTHA ARIAS:
Sí, pero hay dos escenarios aquí.

Uno es que muchas de estas personas que tenían el asilo pendiente fueron llamadas a sus citas de asilo y presentaron las evidencias. Lo que pasa es que no les han dado una respuesta o una decisión a su caso de asilo. Este es un grupo de personas.

Pero también hay otro grupo de personas que tienen su asilo pendiente por muchos años y no los han llamado.

Realmente ese tipo de personas no están tan sujetas al memorándum, porque el memorándum pausó la decisión, pero no pausó el procesamiento. Muchos casos siguieron siendo procesados y tuvieron entrevistas. De hecho, hemos tenido entrevistas con clientes todo este año y el año pasado. Pero lo que se pausó fue la decisión: tienen la entrevista y no hay una decisión.

Ahora, los permisos de trabajo, eso también está pausado, muchos de ellos. Dicen: “Bueno, yo tuve la entrevista, no he tenido una decisión, pero pedí un permiso de trabajo que todavía tampoco me han aprobado y necesito que me lo aprueben para sacar mi licencia de conducir”, por ejemplo.

Entonces, estas personas son las que se ven afectadas por la pausa y estas personas son las que deberían estar pidiendo que se agilice ahora.

Si tienen su permiso de trabajo por cinco años y solamente están pidiendo una decisión, pues esas personas pueden estar más tranquilas y simplemente no actuar, y simplemente escuchar o esperar a ver qué va a pasar con esta decisión, si inmigración la va a acatar o van a apelar, o qué es lo que va a pasar.

JESSICA MORALES:
Ahora, ha habido seis meses de esta pausa, aproximadamente medio año de esta pausa ha transcurrido. ¿Esto podría implicar algún tipo de retraso en otros casos? Ustedes, como abogados, como profesionales que día a día tienen que estar atendiendo este tipo de situaciones de sus clientes, ¿qué se puede esperar? ¿Se atenderán los casos que están pausados primero? ¿Se atenderán los que van llegando? ¿Cómo podría manejarse?

ABOGADA MARTHA ARIAS:
Bueno, no sabemos cómo la administración irá a manejarlos. Hay casos definitivamente pausados por seis meses, pero no solamente están esos casos pausados. Recuerde que recientemente la administración también emitió otro memorándum donde dice que las personas deberían ir a recibir las residencias fuera de los Estados Unidos.

Esas personas que han estado teniendo las citas de residencia después de este otro memorándum, sus casos también están pausados; es decir, no les han dado una decisión. Y no les han dado una decisión porque el gobierno no ha emitido tampoco unas guías claras para los oficiales de inmigración para tomar las decisiones de acuerdo con ese memorándum.

Entonces, si a esos casos que llevan seis meses pausados les sumamos los que ahora también tienen las decisiones pausadas por el nuevo memorándum, es bastante lo que tiene atrasado la administración.

No sé cómo lo irán a enfrentar: si van a continuar procesando los casos que van entrando primero o van a empezar a procesar esos casos pausados primero. Eso es algo que el gobierno nos tendrá que informar.

JESSICA MORALES:
Ahora, a propósito de esta nueva medida del Servicio de Ciudadanía e Inmigración, que dice que el ajuste de estatus en los Estados Unidos solo podrá hacerse en circunstancias extraordinarias; es decir, hay personas que están en ese trámite de ajuste de estatus y tendrían que ir a sus países y hacer el trámite ante el consulado de su país para poder obtener esa residencia o ese ajuste y luego venir a los Estados Unidos.

¿Cuáles son esas circunstancias extraordinarias, Martha? ¿Cómo se está manejando luego del anuncio, hace ya varios días, hace más de una semana?

ABOGADA MARTHA ARIAS:
Sí, no hay unas guías del gobierno todavía explícitas, ni para nosotros como abogados, ni para nuestros clientes, ni tampoco para los oficiales de inmigración, de cómo se van a analizar esas circunstancias extraordinarias.

Sin embargo, tenemos unas, vamos a decir, unas pistas de cómo se podrían evaluar. Esto se va a determinar con factores. Factores como, por ejemplo, el tiempo de estadía de la persona en los Estados Unidos. Esto es lo que se llama comunidad o lazos comunitarios. Eso quiere decir si la persona tiene propiedades, tiene bienes aquí, negocios; si tiene familia, hijos, nietos, esposa, padres; si la persona tiene retiro en los Estados Unidos, servicios médicos que la están cubriendo, etcétera.

El otro factor es como los antecedentes penales: si esa persona tiene delitos, convicciones criminales graves o no. Eso también se determina como un factor.

Otros factores, por ejemplo, son factores humanitarios o cuestiones médicas, sean de ellos o de un familiar inmediato que esté bajo su cuidado, su supervisión.

También se mira el tipo de violaciones migratorias que haya tenido esa persona, o si no las ha tenido. Si anteriormente esa persona había violado la ley, había entrado en forma irregular o qué violaciones migratorias tenía.

Entonces, como un conjunto de factores, eso es lo que se llama la totalidad de las circunstancias, lo que en otros casos hemos visto que usa inmigración como discreción.

Acuérdese que, en este caso, en este memorándum, lo que inmigración está diciendo es que van a ser unas cuestiones extraordinarias que se van a analizar caso por caso, para ellos tomar su discreción de si aprueban o no esas peticiones dentro de los Estados Unidos.

El mismo inmigración salió como dos o tres días después de haberse emitido este memorándum a aclarar y a decir que no se está quitando el derecho a pedir la residencia dentro de los Estados Unidos, como ordena la ley o como la ley lo permite; que lo que ellos están haciendo es ejercer su discreción, que siempre la han tenido bajo la ley, para decir si aprueban un caso o no porque cumpla con esas circunstancias extraordinarias.

Y volvemos a repetir: esas circunstancias extraordinarias son estos factores que en el pasado se han usado como factores discrecionarios.

JESSICA MORALES:
En otro tema, Martha, no quisiéramos despedirla, ya nos queda poco tiempo, pero no quisiéramos despedirla sin solicitarle sus consideraciones y su sugerencia como abogada en relación con un evento internacional que va a tener como sede los Estados Unidos, que es el Mundial.

Ya las autoridades migratorias han dicho que se van a enfocar, o las autoridades de seguridad, en garantizar la seguridad de personas y de instalaciones, pero que no se descarta también que se aplique algún tipo de medida migratoria si es necesario.

¿Qué sugieren ustedes como abogados a quienes están en trámites en este momento?

ABOGADA MARTHA ARIAS:
A ver, tienen que tener mucho cuidado, porque yo también escuché directamente en estos días al Departamento de Seguridad Nacional diciendo que obviamente no había redadas, pero que sí se iba a descartar la posibilidad de detener personas que el gobierno considerara que eran un peligro para la defensa nacional o la seguridad nacional.

Y esa parte de la defensa nacional me parece que es muy delicada, porque no sé cómo ellos puedan considerar, de entrada, que personas sean un peligro para la defensa nacional. Obviamente, terroristas y estos actos, eso sí es algo que hay que cuidarse y el gobierno debe hacer sus funciones.

Pero de ahí a un ciudadano común y corriente, que de pronto no tenga un estatus legal definido y que quiera ir a ver un partido con sus tickets, si esa persona va a ser fichada como un extranjero que puede hacer una violación a la defensa nacional, no sé. Es delicado.

Mi consejo es que las personas mantengan con ellas su identificación. Si son residentes o ciudadanos, que mantengan su identificación. Si están en un estatus como, por ejemplo, una visa de turista, que vinieron con esa visa para visitar, para el Mundial, tengan una copia o sáquenle una copia, o ténganla en sus celulares, en su bolsillo, en su billetera, de la I-94, que es ese permiso de estadía que le dan cuando entra a los Estados Unidos.

Mucha gente no sabe que eso lo tienen que bajar de internet y lo tienen que imprimir, porque anteriormente el gobierno le daba a la gente una tarjeta blanca, cuadradita, pequeña, que se llamaba, ahí dice, I-94. Pero hace muchos años no la dan. La persona tiene que ir a la página de CBP, Customs and Border Protection, y bajar ese documento.

Mi mejor consejo: vayan a Google y pongan “I-94 Retrieval”. En inglés se escribiría como “retrieval”. Pongan “I-94 Retrieval” y vayan allí. Van a tener que usar su pasaporte, van a entrar su número de pasaporte, su nombre como está en el pasaporte, fecha de nacimiento, país de nacionalidad, y ahí les va a salir esa I-94.

Háganle una captura de pantalla para que la guarden en sus celulares, o imprímanla y la escanean, o imprímanla y la guardan en su billetera.

Mantengan esa prueba de legalidad, sobre todo los extranjeros que vienen de visita. También los que están aquí tal vez con un asilo pendiente, o con un TPS, o un permiso de trabajo, también por el DACA. Esas personas también deben mantener en su billetera, consigo, esa identificación en caso de que un oficial se las pida, porque eso no es solamente la licencia; es ese ID que muestra su estatus migratorio.

JESSICA MORALES:
Martha, muchísimas gracias por habernos acompañado y haber compartido con nosotros sus comentarios, consideraciones y análisis en cuanto a estos aspectos de carácter migratorio en los Estados Unidos.

Martha Arias, abogada de inmigración, con nosotros.

ENGLISH TRANSLATION:

Immigration Attorney Martha Arias Interview with Jessica Morales on TVV

JESSICA MORALES:
In this part, we review information of an immigration nature in the United States.

A federal judge in Rhode Island ordered, at the end of last week, the Trump administration to lift the administrative pause that prevented the processing of asylum applications and immigration benefits, such as work permits, permanent residence, and citizenship, for people from 39 countries considered high risk.

This ruling impacts thousands of people in the United States, and to address the scope of this measure and also its details, we are joined by Martha Arias, immigration attorney. Attorney, thank you for being with us.

ATTORNEY MARTHA ARIAS:
Thank you very much, Jessica, for inviting me, and greetings to you, your whole work team, and all your followers.

JESSICA MORALES:
Thank you. After this decision, this ruling by this federal judge, what could we expect, in principle, from the administration of the United States?

ATTORNEY MARTHA ARIAS:
Let’s see, what can we expect? We can expect two things.

The first is that they appeal. They have 30 days to appeal and, within that appeal, they can also ask that the application of this judge’s order be paused. That is, that it not be applied; that is, that the pause continue. That is what we can expect.

The experts analyze the point and say that probably the federal government is going to appeal and is going to ask for a pause of this judge’s ruling. That is one possibility.

The other possibility is that the government, USCIS, acts and begins to tell us, or to issue a communication, about how it is going to begin to evaluate and process all those cases that have already been paralyzed for almost two years.

JESSICA MORALES:
After this ruling, in how much time should USCIS begin to reactivate these administrative procedures that were subject to this pause?

ATTORNEY MARTHA ARIAS:
The ruling of Judge John McConnell does not say, does not establish, a term under which immigration has to govern itself. That is, it does not tell it: “you have to decide in such amount of time” or “reactivate the cases in such amount of time.” It does not say that.

Therefore, here the only thing we can expect is that the government acts according to the ruling and reactivates the cases when it considers it appropriate, or that it appeals.

So, there is no fixed term guided by this ruling.

JESSICA MORALES:
In this appeal, if it turns out that the administration does not have a favorable response, can it go to another level, such as the Supreme Court?

ATTORNEY MARTHA ARIAS:
Correct. If the Supreme Court authorizes certiorari, which is like the review that they would authorize in order to take the case, it could be. So, first, this federal judge has to go to a court of appeals; after that, possibly, it can go to the Supreme Court.

We are going to wait and see what path this is going to take. And, well, we all know that the Supreme Court has been very, so to speak, accommodating with the administrative policies of the current administration. So, I do not know what possibility this case may have in the Supreme Court.

But well, at least the judge supported his decision very well. Notice that, in this decision, the judge clearly says that he is not getting into the analytical part of the Executive’s policy. That is, he says: the Executive has the right to establish administrative policies.

What I, as a judge, am analyzing is only the legality of these policies, because the law establishes certain parameters and this policy has no foundation in the law, because cases are being paused only because of the person’s nationality, not because those people have committed something bad or have violated the law. Simply because they were born in X or Y country, they are being sanctioned.

So, the judge seems to me to make good reasoning, I think foreseeing that there will be an appeal and foreseeing that this will reach the Supreme Court.

JESSICA MORALES:
Now, while waiting for this response from USCIS, from the immigration authorities, about how they will begin to comply with this measure from this federal judge, or while it becomes known whether there will or will not be an appeal, what should people whose immigration procedures are currently under this administrative pause do? What measures should they take?

ATTORNEY MARTHA ARIAS:
Well, here it is important that those who are going to receive, or are under a financial problem that is going to cause them a major financial problem, for example, not having their work permits because they are paused, I think those people should begin sending letters to ask the government to expedite their procedures in compliance with the decision of this Rhode Island judge.

Many people may have that “financial hardship,” or that financial harm. So they should do it.

Others, if they do not have that way of showing that there is a serious financial problem, could wait until it is determined whether it is going to be appealed or not, and whether there is a next decision.

But many people can ask the government, USCIS, to begin executing this judge’s order. This is going to cause even more petitions to be sent to request case expedites, but it is the same thing we are seeing at this moment: we send requests for expedites and they have papers and papers that they continue receiving, and the cases remain in that limbo.

Look, one of the things that the judge also precisely says in his decision is that it is not fair that many of those people are in limbo and that it is causing them harm, prejudice not only economic, but social and family-related, because there are people who cannot drive because they do not have their driver’s license; they cannot take their children to work or to school, to the university, who knows.

So, this has implications, and people should also be starting to send those letters to immigration.

JESSICA MORALES:
And besides that, we estimate that they should be very attentive to where their cases are; that is, review their immigration accounts, be attentive to see if there is any communication, because if so, at any moment they could be called or they could be asked for evidence. We consult this with you, attorney: are these scenarios that can arise?

ATTORNEY MARTHA ARIAS:
Yes, but there are two scenarios here.

One is that many of these people who had asylum pending were called to their asylum appointments and presented the evidence. What happens is that they have not been given a response or a decision on their asylum case. This is one group of people.

But there is also another group of people who have had their asylum pending for many years and have not been called.

Really, that type of person is not so subject to the memorandum, because the memorandum paused the decision, but did not pause the processing. Many cases continued being processed and had interviews. In fact, we have had interviews with clients all this year and last year. But what was paused was the decision: they have the interview and there is no decision.

Now, work permits, that is also paused, many of them. They say: “Well, I had the interview, I have not had a decision, but I requested a work permit that they have not approved for me either, and I need them to approve it for me so I can get my driver’s license,” for example.

So, these people are the ones who are affected by the pause and these people are the ones who should be asking for it to be expedited now.

If they have their work permit for five years and they are only asking for a decision, then those people can be more calm and simply not act, and simply listen or wait to see what is going to happen with this decision, whether immigration is going to comply with it or whether they are going to appeal, or what is going to happen.

JESSICA MORALES:
Now, there have been six months of this pause; approximately half a year of this pause has passed. Could this imply some type of delay in other cases? You, as attorneys, as professionals who day by day have to be attending to this type of situation of your clients, what can be expected? Will the cases that are paused be attended to first? Will those that are arriving be attended to? How could it be handled?

ATTORNEY MARTHA ARIAS:
Well, we do not know how the administration will handle them. There are cases definitely paused for six months, but not only those cases are paused. Remember that recently the administration also issued another memorandum where it says that people should go receive their residences outside of the United States.

Those people who have been having residence appointments after this other memorandum, their cases are also paused; that is, they have not been given a decision. And they have not been given a decision because the government has not issued clear guidance either for immigration officers to make the decisions according to that memorandum.

So, if to those cases that have been paused for six months we add those that now also have decisions paused because of the new memorandum, it is quite a lot that the administration has delayed.

I do not know how they are going to face it: whether they are going to continue processing the cases that are entering first or they are going to begin processing those paused cases first. That is something that the government will have to inform us.

JESSICA MORALES:
Now, regarding this new measure from the Citizenship and Immigration Service, which says that adjustment of status in the United States will only be able to be done in extraordinary circumstances; that is, there are people who are in that adjustment of status process and would have to go to their countries and do the process before the consulate of their country in order to obtain that residence or that adjustment and then come to the United States.

What are those extraordinary circumstances, Martha? How is it being handled after the announcement, already several days ago, more than a week ago?

ATTORNEY MARTHA ARIAS:
Yes, there is still no explicit government guidance, neither for us as attorneys, nor for our clients, nor for immigration officers either, as to how those extraordinary circumstances are going to be analyzed.

However, we have some, let’s say, clues about how they could be evaluated. This is going to be determined with factors. Factors such as, for example, the person’s length of stay in the United States. This is what is called community or community ties. That means whether the person has properties, has assets here, businesses; whether the person has family, children, grandchildren, spouse, parents; whether the person has retirement in the United States, medical services that are covering them, etcetera.

The other factor is like criminal history: whether that person has crimes, serious criminal convictions or not. That is also determined as a factor.

Other factors, for example, are humanitarian factors or medical issues, whether of themselves or of an immediate family member who is under their care, their supervision.

They also look at the type of immigration violations that person may have had, or whether they have not had them. Whether previously that person had violated the law, had entered irregularly, or what immigration violations they had.

So, as a set of factors, that is what is called the totality of the circumstances, which in other cases we have seen immigration use as discretion.

Remember that, in this case, in this memorandum, what immigration is saying is that these are going to be extraordinary issues that are going to be analyzed case by case, for them to exercise their discretion as to whether or not they approve those petitions inside the United States.

Immigration itself came out about two or three days after this memorandum was issued to clarify and to say that they are not taking away the right to request residence inside the United States, as the law orders or as the law permits; that what they are doing is exercising their discretion, which they have always had under the law, to say whether they approve a case or not because it meets those extraordinary circumstances.

And we repeat again: those extraordinary circumstances are these factors that in the past have been used as discretionary factors.

JESSICA MORALES:
On another topic, Martha, we would not want to say goodbye to you, we have little time left, but we would not want to say goodbye to you without requesting your considerations and your suggestion as an attorney in relation to an international event that will have the United States as host, which is the World Cup.

The immigration authorities have already said that they are going to focus, or the security authorities, on guaranteeing the security of people and facilities, but that they also do not rule out that some type of immigration measure may be applied if necessary.

What do you, as attorneys, suggest to those who are in procedures at this moment?

ATTORNEY MARTHA ARIAS:
Let’s see, they have to be very careful, because I also heard directly in these days the Department of Homeland Security saying that obviously there were no raids, but that they were not going to rule out the possibility of detaining people whom the government considered to be a danger to national defense or national security.

And that part of national defense seems very delicate to me, because I do not know how they can consider, from the outset, that people are a danger to national defense. Obviously, terrorists and these acts, that is indeed something that must be watched, and the government must perform its functions.

But from there to an ordinary citizen, who perhaps does not have a defined legal status and who wants to go see a match with their tickets, whether that person is going to be flagged as a foreigner who can commit a violation against national defense, I do not know. It is delicate.

My advice is that people keep their identification with them. If they are residents or citizens, they should keep their identification. If they are in a status such as, for example, a tourist visa, and they came with that visa to visit, for the World Cup, they should have a copy or make a copy, or have it on their phones, in their pocket, in their wallet, of the I-94, which is that stay permit that they give you when you enter the United States.

Many people do not know that they have to download that from the internet and print it, because previously the government gave people a white, small, square card, which was called, it says there, I-94. But for many years they have not given it. The person has to go to the CBP page, Customs and Border Protection, and download that document.

My best advice: go to Google and type “I-94 Retrieval.” In English, it would be written as “retrieval.” Type “I-94 Retrieval” and go there. You will have to use your passport, you will enter your passport number, your name as it appears in the passport, date of birth, country of nationality, and there that I-94 will appear.

Take a screenshot of it so you can keep it on your phones, or print it and scan it, or print it and keep it in your wallet.

Keep that proof of legality, especially foreigners who are coming to visit. Also those who are here perhaps with a pending asylum, or with TPS, or a work permit, also through DACA. Those people should also keep that identification in their wallet, with them, in case an officer asks them for it, because that is not only the license; it is that ID that shows their immigration status.

JESSICA MORALES:
Martha, thank you very much for having joined us and for having shared with us your comments, considerations, and analysis regarding these immigration-related aspects in the United States.

Martha Arias, immigration attorney, with us.

The post Rhode Island Ruling: Hope for Delayed Immigration Cases appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

New Work Permit Proposal, Asylum Office Expansion, and Visa Processing Updates

Martha Arias — Mon, 08 Jun 2026 22:42:24 +0000

Latest U.S. Immigration Law News and Updates

Over the past week, several immigration developments deserve careful attention. Some are immediate and practical. Others are proposals that could become much more important if they are finalized. When I review immigration news for my clients and readers, I believe it is important to separate final rules from proposals, agency operations from court matters, and broad headlines from the developments that may actually affect real cases. This update focuses only on official government sources and highlights the immigration changes and announcements that matter most right now.

DHS Proposes Stricter Work Permit Rules for Some Parolees, Deferred Action Cases, and Certain People With Final Removal Orders

The most significant official development from the past several days is a new DHS proposed rule published on June 5, 2026, titled “Clarification of Discretionary Employment Authorization for Certain Aliens.” DHS proposes to limit and clarify eligibility for discretionary employment authorization for certain people who were paroled into the United States, certain people granted deferred action, and certain people with final orders of removal who are temporarily released on orders of supervision. The proposal also says that aliens who do not have an economic need for employment would not be eligible for discretionary work authorization in the covered categories.

This is important because many people hear the phrase “work permit” and assume the same rules apply across all immigration categories. They do not. This proposed rule is aimed at discretionary employment authorization categories, and the Federal Register notice makes clear that DHS wants a more restrictive framework in these areas. The notice also sets a public comment deadline of August 4, 2026, which means this is a proposal, not a final rule in effect today.

For families and applicants, the practical lesson is simple: if your work authorization depends on parole, deferred action, or certain supervised-release categories, you should pay attention to this proposal, but you should not assume the law has already changed. Proposed rules are important, but they are not the same as final rules.

USCIS Opened a New Asylum Office in San Antonio

On June 5, 2026, USCIS announced that it opened an additional asylum office location in San Antonio, Texas. USCIS states that, beginning May 28, 2026, the new office has interview jurisdiction over affirmative asylum applications for applicants who live within the office’s assigned service area. USCIS says the change is meant to support affirmative asylum operations and directs readers to the updated asylum-office locator for jurisdiction information.

Asylum-office jurisdiction changes can affect interview location, logistics, preparation timing, and how some pending cases are processed administratively.

The June 2026 Visa Bulletin Remains Important for Adjustment and Consular Cases

The June 2026 Visa Bulletin remains one of the most important official resources for family-based and employment-based immigration planning this month. The State Department’s June bulletin sets the current Final Action Dates and Dates for Filing for preference categories, and USCIS states on its own adjustment-of-status filing page that, for June 2026, applicants seeking to file adjustment applications must use the applicable bulletin guidance USCIS designates for that month.

Many applicants assume that “once a petition is approved, the next step can be filed immediately“. In many family and employment preference categories, that is not true. The Visa Bulletin still controls when immigrant numbers are available and whether certain applicants may move forward. Even when there is no dramatic bulletin movement, the monthly bulletin remains one of the most important practical immigration updates because it affects filing strategy and case expectations.

Martha L. Arias, Esq.
Immigration Law Attorney

If a recent immigration change may affect your case, contact my office to review your options.

If you are trying to understand how a recent immigration development may affect your family petition, work authorization, asylum matter, or consular case, I invite you to contact my office. I help clients in Miami and throughout United States review immigration developments carefully and apply them to the facts of their actual cases, not just to the headlines.

MIAMI OFFICE:
ARIAS VILLA, PLLC
Address: 9100 S Dadeland Blvd, #510
Miami, FL 33156
Phone: (305) 671-0018
Mobile: (305) 233-3110
Email: martha@ariasvilla.com

OFFICE HOURS:
Monday: 9 AM – 5:30 PM
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 5:30 PM
Friday: 9 AM – 3 PM
Saturday: Closed
Sunday: Closed

USCIS Continues to Emphasize Screening and Vetting

USCIS continues to highlight strengthened screening and vetting as a central part of its 2026 posture. On March 30, 2026, USCIS published an official update on strengthened screening and vetting, and on June 1, 2026, the agency issued a news release stating that its screening and vetting efforts contributed to an 18-month sentence in a fraud case. That June 1 release is more of an enforcement and messaging development than a broad benefits-policy change, but it is still part of the current immigration environment.

USCIS is continuing to frame adjudications and enforcement decisions around fraud detection and stricter vetting. That does not answer every question about a specific case, but it does help explain the larger climate in which many applications are being reviewed.

HAVE MORE QUESTIONS?

CONTACT US TODAY

Instagram

This field is for validation purposes and should be left unchanged.

Name(Required)

Email(Required)

Phone(Required)

Comments(Required)

By submitting this form you agree our Terms & Conditions and Privacy Policy.

Tips

1) Do not treat a proposed rule as if it were already final.

A proposal can become important later, but it is not the same as a final rule in effect today. DHS’s June 5 work-permit rule is a proposal with a public comment period through August 4, 2026.

2) Check the Visa Bulletin every month if your case depends on category movement.

For many family-based and employment-based applicants, the monthly Visa Bulletin is not optional reading. It affects whether the next stage of the case may move forward.

3) Use official NVC timeframes instead of guesswork.

If your case is already at the National Visa Center, the NVC timeframes page is one of the best official tools for understanding what stage of review the agency has reached.

4) Be careful with “work permit” headlines.

Not every work authorization category works the same way. The June 5 DHS proposal is directed at specific discretionary categories, not every EAD category in immigration law.

Frequently Asked Questions

What is the biggest official immigration update from the past week?

The biggest official update is DHS’s June 5, 2026 proposed rule to limit and clarify discretionary employment authorization for certain parolees, deferred action recipients, and certain people with final removal orders. It is important, but it is still a proposal, not a final rule.

Is the new DHS work-permit rule already in effect?

No. DHS published it as a proposed rule and set a public comment deadline of August 4, 2026. Until a final rule is issued and takes effect, the proposal itself does not automatically change the law.

What did USCIS announce about asylum this week?

USCIS announced on June 5, 2026 that it opened a new asylum office in San Antonio, Texas, and that the office began interview jurisdiction for certain cases on May 28, 2026.

Why is the June Visa Bulletin still important?

The June Visa Bulletin controls immigrant visa availability for many family-based and employment-based categories. USCIS also uses monthly bulletin guidance to determine when many adjustment applicants may file.

Where can I check National Visa Center processing times?

The State Department’s NVC timeframes page provides official weekly updates showing what case-creation dates, document-review dates, and inquiry dates the NVC is currently handling.

Does stricter screening and vetting still affect immigration cases in 2026?

Yes. USCIS continues to emphasize strengthened screening and vetting in its official materials and recent June 1 enforcement messaging, which helps explain the broader adjudication climate.

Disclaimer:
This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Immigration rules, agency guidance, proposals, and processing timelines can change, and every case should be evaluated based on its own facts and procedural posture.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

CALL NOW

BOOK AN APPOINTMENT

The post New Work Permit Proposal, Asylum Office Expansion, and Visa Processing Updates appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Do I Have to Leave the U.S. for My Green Card?

Martha Arias — Wed, 27 May 2026 22:18:25 +0000

Can You Still Get a Green Card Without Leaving the U.S.?

USCIS Memo Raises Questions for Green Card Applicants Inside the United States

Yesterday, I spoke with Lourdes Ubieta on Radio Libre 790 about an immigration update that has caused understandable concern among many families applying for lawful permanent residence from inside the United States. During the interview, we discussed the May 21, 2026 USCIS policy memorandum addressing adjustment of status, discretion, consular processing, and the agency’s current position that adjustment of status should be granted only in extraordinary circumstances.

This is an important issue, but it must be explained carefully.

Adjustment of status is not new. USCIS discretion is not new either. The law has long allowed certain eligible applicants who are physically present in the United States to apply for lawful permanent residence without returning abroad for immigrant visa processing. USCIS continues to describe adjustment of status as the process used by eligible applicants inside the United States to apply for lawful permanent residence without having to return abroad to complete visa processing.

What is new is the May 21, 2026 USCIS policy memorandum, which reemphasizes and appears to tighten how officers should review adjustment of status as a discretionary benefit. USCIS also issued a May 22, 2026 public announcement stating that adjustment of status will be granted only in extraordinary circumstances.

That distinction matters very much.

This memorandum does not erase adjustment of status from the law. It does not repeal INA § 245. It does not mean that every person with a pending green card case must automatically leave the United States. However, it may mean that many applicants will need stronger documentation, clearer legal arguments, and a careful review of whether their case supports a favorable exercise of discretion.

WATCH IT ON YOUTUBE

What Is Adjustment of Status?

Adjustment of status is the process that allows certain eligible people already in the United States to apply for lawful permanent residence, commonly known as a green card, without completing immigrant visa processing at a U.S. consulate abroad.

This process is commonly used in many family-based and employment-based immigration cases. For example, some spouses of U.S. citizens, parents of U.S. citizens, children, workers, investors, and other eligible applicants may seek adjustment of status if they meet the requirements of the law.

The legal foundation for adjustment of status is found in Section 245 of the Immigration and Nationality Act, often referred to as INA § 245. USCIS’ own Policy Manual explains that, when adjudicating adjustment under INA 245(a), an officer first determines whether the applicant meets the legal requirements, including inspection and admission or parole, proper filing, physical presence in the United States, visa availability where required, admissibility, and whether the applicant merits the benefit as a matter of discretion.

So, the issue is not whether adjustment of status still exists. It does.

The issue is how USCIS officers may now apply discretion under this new memorandum.

Why the May 2026 Memorandum Matters

During my interview with Lourdes Ubieta, one of the central questions was whether people who are already inside the United States and waiting for a green card will now have to leave the country and complete the process abroad.

The careful answer is: not necessarily in every case.

Some applicants may face greater pressure toward consular processing abroad. Some may be asked to provide more evidence. Some may receive more detailed questions about why adjustment of status should be granted inside the United States instead of requiring immigrant visa processing through the Department of State abroad.

But it would not be accurate to say that every applicant must automatically leave the United States.

This is why the word “case by case basis” is so important.

USCIS’ memorandum reminds officers and the public that adjustment of status is considered discretionary relief in many cases. USCIS is now emphasizing that a person may need to show why the case deserves a favorable exercise of discretion.

For families, this means the case should not be treated as a simple paperwork filing. It should be treated as a legal presentation supported by facts, documents, and a clear explanation of the person’s circumstances.

Does the Memorandum Change the Law?

No. The May 2026 memorandum does not change the statute itself.

Adjustment of status remains part of immigration law under INA § 245. Congress created that legal framework. USCIS, as the agency that adjudicates many immigration applications, can issue policy guidance about how officers should apply the law and exercise discretion. But a policy memorandum does not remove the statute from the law.

That is why I want families to understand the difference between a new law and a new policy memorandum.

This is not a new law passed by Congress. It is a USCIS policy memorandum that changes or clarifies the agency’s current approach to discretionary adjudication.

That may still have serious consequences for applicants. A policy memorandum can affect how officers review evidence, how they ask questions, how they issue Requests for Evidence, and how they decide whether a case deserves approval.

But the legal right to request adjustment of status has not simply disappeared.

Martha L. Arias, Esq.
Immigration Law Attorney
(305) 671-0017

Contact us today with your immigration questions.

With a passion for immigration law and a commitment to client advocacy, Immigration Law Attorney Martha L. Arias, Esq. provides the experienced legal representation for U.S. citizenship, employment and business visas, specialized on investor visas, green card petitions, deportation defense, and more. Schedule a consultation with the attorney today to discuss your immigration needs.

MIAMI OFFICE:
ARIAS VILLA, PLLC
Address: 9100 S Dadeland Blvd, #510
Miami, FL 33156
Phone: (305) 671-0018
Mobile: (305) 233-3110
Email: martha@ariasvilla.com

OFFICE HOURS:
Monday: 9 AM – 5:30 PM
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 5:30 PM
Friday: 9 AM – 3 PM
Saturday: Closed
Sunday: Closed

What Does “Discretion” Mean in Adjustment of Status?

Discretion means that even if a person appears to meet the basic legal requirements, the officer may still consider whether the person should receive the benefit as a matter of judgment under the law.

In other words, the question may not be only:

“Is the person technically eligible?”

The question may also become:

“Does this person’s case merit approval as a favorable exercise of discretion?”

USCIS has long recognized that officers may weigh positive and negative factors when discretion applies. The USCIS Policy Manual includes guidance on legal analysis and use of discretion, including adjustment of status decisions under INA 245(a).

Positive factors may include family ties, humanitarian concerns, length of residence, lawful entry, employment history, community ties, medical circumstances, and other facts depending on the case.

Negative factors may include:

Immigration violations,
Fraud or misrepresentation,
Unauthorized employment where relevant,
Criminal history,
Prior removals,
Public safety concerns,

Or other facts that may weigh against approval. Every case is different.

What Does “Extraordinary Circumstances” Mean?

This is one of the most difficult questions right now.

USCIS has used strong language in its May 22, 2026 announcement, stating that adjustment of status will be granted only in extraordinary circumstances. However, families should understand that there is not yet a simple public checklist that answers every possible situation.

That means applicants should not assume that one fact alone will be enough.

For example, being married to a U.S. citizen may be very important, but it should not be treated as automatic approval. Having a job may be helpful, but it may not be enough by itself. Having children in the United States may be significant, but the entire case still needs to be reviewed.

In a discretionary case, USCIS may look at the totality of the circumstances. Depending on the facts, relevant evidence may include:

Lawful entry into the United States;
Length of residence in the United States;
Family ties to U.S. citizens or lawful permanent residents;
Hardship or serious family circumstances;
Medical conditions or caregiving responsibilities;
Employment history;
Tax history and financial support;
Education;
Community ties;
Humanitarian concerns;
Immigration history;
Whether the person has maintained status when required;
Whether the person has any prior immigration violations;
Whether the person has any criminal history; and
Whether there are facts showing why consular processing abroad may create serious hardship, risk, or practical difficulty.

These are examples of factors that may be relevant. They are not a guarantee of approval.

Adjustment of Status vs. Consular Processing

One of the major themes in the USCIS memorandum is the relationship between adjustment of status and consular processing.

Adjustment of status happens inside the United States through USCIS.

Consular processing happens abroad through the U.S. Department of State, usually at a U.S. embassy or consulate.

In many immigration categories, a person may eventually need to choose between these two paths, depending on eligibility, location, immigration history, visa availability, and other facts.

The current USCIS position appears to place greater emphasis on consular processing as the ordinary path for people seeking immigrant visas from abroad, while treating adjustment of status inside the United States as a discretionary benefit that should be granted only when the case supports it.

But this does not mean consular processing is safe for everyone.

For some people, leaving the United States may trigger serious legal consequences, including unlawful presence bars or other inadmissibility issues. For others, consular processing may create long family separations or require waivers. Some people may have circumstances that make departure especially risky or difficult.

That is why no one should leave the United States simply because of a headline or a general policy announcement.

Should People Leave the United States Now?

No one should leave the United States because of this memorandum without first speaking with an immigration attorney.

Leaving the United States can have serious consequences. Depending on the person’s immigration history, departure may trigger unlawful presence bars, interrupt a pending case, create consular processing risks, or separate a family for a long period of time.

Some people may still be eligible to pursue adjustment of status. Others may need to consider consular processing. Some may need waivers. Some may need a different immigration strategy altogether.

The correct answer depends on the facts.

Before making any decision, a person should carefully review how they entered the United States; whether;

They were inspected and admitted or paroled;
They maintained lawful status when required;
They have worked without authorization;
They have any prior immigration violations;
They have ever been ordered removed;
They have any criminal history;
Departure could trigger unlawful presence bars;
They have a qualifying relative for a waiver, if needed;
Their case has strong positive discretionary factors; and
Their case may support adjustment of status despite the stricter policy approach.

WATCH IT ON SPOTIFY

What About People Who Entered With Tourist Visas, Student Visas, or Temporary Worker Visas?

Many people enter the United States with a temporary visa. A person may enter as a tourist, student, temporary worker, exchange visitor, or in another temporary category.

The government may look closely at whether the person entered for the purpose stated at the time of entry. A visitor visa, for example, is generally for a temporary visit. A student visa is generally for study. Some employment visas are temporary, while others may allow what is called dual intent.

This is where cases become very fact-specific.

Life is not always linear. As I explained during the interview, people’s lives can change.

A student may complete a degree and receive a serious professional opportunity.
A person may meet a spouse and build a family.
A parent may come to visit a child and then face a serious medical emergency in the family.

At the same time, there is an important difference between life changing after entry and entering the United States with a preconceived plan to misuse a temporary visa.

That difference can matter in immigration law.

For people with temporary visas, the safest approach is to obtain legal advice before filing for adjustment of status, before marrying and filing a petition, before overstaying, or before making any decision that could affect immigration status.

A Note About Dual-Intent Visas

Some visa categories, such as H-1B and L-1, are often described as dual-intent categories. That generally means a person may be in a temporary nonimmigrant status while also having the possibility of pursuing permanent residence.

However, even in a dual-intent category, approval of adjustment of status is not automatic. The applicant must still meet the legal requirements, and where discretion applies, the applicant may still need to show that the case merits a favorable exercise of discretion.

This is important because people should not assume that one visa category, one family relationship, or one approved petition automatically guarantees a green card.

What About Cases Already Pending?

Many people already filed Form I-485, Application to Register Permanent Residence or Adjust Status, before the May 21, 2026 memorandum.

People with pending cases also should not assume the memorandum will have no effect.

The May 21 memorandum appears designed to guide USCIS officers immediately. How it will be applied across pending cases, different categories, and different field offices may become clearer as attorneys and applicants begin seeing interview results, Requests for Evidence, Notices of Intent to Deny, and decisions.

For now, people with pending adjustment cases should:

Review the case with an immigration attorney;
Organize all supporting documents;
Update evidence of family ties, employment, taxes, medical issues, and hardship where relevant;
Prepare carefully for any interview;
Respond carefully to any USCIS request;
Avoid international departure without legal advice; and
Keep copies of all filings, receipts, notices, and supporting evidence.

If USCIS applies the memorandum in ways that applicants or attorneys believe are inconsistent with the statute or existing rights, legal challenges or administrative disputes may arise. But those processes can take time, and families should not rely on assumptions.

What Documents May Help Support a Discretionary Adjustment Case?

Every case is different, and not every document is useful in every case. The goal is not to overwhelm USCIS with unrelated papers. The goal is to present organized, truthful, relevant evidence that helps explain the person’s case.

Depending on the situation, helpful evidence may include:

Proof of lawful entry, admission, or parole;
Passport biographic page and visa pages;
I-94 travel record;
Marriage certificate, if applicable;
Birth certificates of children;
Proof of relationship to U.S. citizen or lawful permanent resident relatives;
Tax returns;
Employment records (if applicable);
Proof of financial support;
School records;
Medical records, if relevant;
Proof of caregiving responsibilities;
Evidence of community involvement;
Church, nonprofit, school, or volunteer letters;
Proof of residence in the United States;
Evidence of hardship to family members;
Evidence of country conditions, where relevant;
Certified court dispositions for any arrest or criminal case;
Immigration records from any prior filing or encounter; and
A clear legal explanation of why the case merits a favorable exercise of discretion.

The facts should be presented honestly. Immigration officers can evaluate inconsistencies, omissions, and prior records. A case that is organized and truthful is always stronger than a case that tries to hide difficult facts.

A Human Reality Behind the Law

During my conversation with Lourdes Ubieta, we spoke about the human side of this issue. Immigration law is not only about forms and filing fees. It affects families, marriages, children, employers, students, workers, and people who have built lives in the United States.

There are cases where people abuse visas or enter with a plan that does not match the purpose of the visa. That reality exists.

But there are also many cases where life changes in ways people did not expect. A person may come to study and later be offered a meaningful job. A visitor may come to see family and then face a medical emergency. A person may fall in love, marry, and begin a family. A parent may need to remain temporarily because a child becomes seriously ill.

The law must be respected. But the facts must also be heard.

That is why a case-by-case review is so important.

FREQUENTLY ASKED QUESTIONS

Is adjustment of status still available?

Yes. Adjustment of Status still exists. However, under the May 2026 memorandum, applicants may face stricter discretionary review and may need stronger evidence showing why their case deserves approval inside the United States.

Does being eligible mean my green card will be approved?

No. Eligibility does not always guarantee approval. In adjustment cases where discretion applies, USCIS may consider whether the applicant merits a favorable exercise of discretion after reviewing the totality of the circumstances.

Will every applicant now have to leave the United States?

No. That would be too broad. Some applicants may face greater pressure toward consular processing abroad, but every case must be reviewed individually. A person should not leave the United States without legal advice.

What is consular processing?

Consular processing is the immigrant visa process completed abroad through the U.S. Department of State, usually at a U.S. embassy or consulate. It is different from adjustment of status, which is handled inside the United States through USCIS.

Is consular processing safe for everyone?

No. Consular processing may be appropriate for some applicants, but it can be risky for others. Departure from the United States may trigger unlawful presence bars or other inadmissibility issues, depending on the person’s immigration history.

What does “extraordinary circumstances” mean?

USCIS has used the phrase “extraordinary circumstances,” but there is not yet a simple public checklist that answers every possible case. The facts may include family ties, hardship, humanitarian concerns, medical issues, length of residence, employment, immigration history, and other positive or negative factors.

Does this affect spouses of U.S. citizens?

It may affect some spouses of U.S. citizens. Marriage to a U.S. citizen can be very important, but it should not be treated as automatic approval. USCIS may still review lawful entry, admissibility, immigration history, prior intent, and discretion.

Does this affect people who entered with tourist visas?

It may. A tourist visa is generally for a temporary visit. If a person entered with a tourist visa and later seeks permanent residence, USCIS may examine the facts carefully, including whether the person’s intentions changed after entry or whether there was a preconceived plan.

Does this affect students?

It may. Students may have life changes after entering the United States, such as job opportunities, marriage, or other circumstances. But students should seek legal advice before filing for adjustment of status or making decisions that could affect immigration status.

Does this affect H-1B or L-1 workers?

It may, although H-1B and L-1 are generally considered dual-intent classifications. Dual intent does not mean automatic green card approval. The applicant must still meet all requirements, and discretion may still be reviewed where applicable.

What if my Form I-485 is already pending?

If your Form I-485 is already pending, do not panic, but prepare carefully. Review your case, gather supporting evidence, and speak with an immigration attorney if you receive an interview notice, Request for Evidence, Notice of Intent to Deny, or any other USCIS communication.

Should I withdraw my adjustment of status application?

Do not withdraw an immigration application without legal advice. Withdrawing may affect your options, timing, work authorization, travel, or future strategy. Each case must be reviewed before taking action.

Can I still file for adjustment of status after this memorandum?

Possibly, if you are eligible and your case is properly prepared. However, applicants should understand that USCIS may now review the discretionary part more strictly in many cases.

What if I have a criminal record?

A criminal record can seriously affect admissibility, eligibility, and discretion. Anyone with an arrest, charge, or conviction should speak with an immigration attorney before filing or leaving the United States.

What if I overstayed my visa?

Overstay issues depend on the category, the petitioner, the applicant’s immigration history, and other facts. Some applicants may still have options, but no one should assume eligibility without legal review.

What if I cannot safely return to my country?

That may be relevant, but it must be documented carefully. Depending on the facts, other immigration options may also need to be reviewed, including asylum-related issues, waivers, or other humanitarian forms of relief.

What should I do now if I am worried?

Gather your documents, do not leave the United States without legal advice, and speak with an immigration attorney before filing, withdrawing, traveling, or changing strategy. The right step depends on your specific facts.

Practical Steps for Families Now

If you or a loved one is applying for lawful permanent residence from inside the United States, this is a time to be careful and organized.

You should review:

Your manner of entry into the United States;
Your current immigration status;
Any prior overstays or unlawful presence;
Any unauthorized employment;
Any prior removal order;
Any criminal record;
Your family ties in the United States;
Your financial and employment history;
Your medical and humanitarian circumstances;
Your pending forms and notices;
Whether you may need a waiver; and
Whether consular processing would create risks.

Do not rely only on social media posts, headlines, or advice from people whose facts are different from yours. Immigration law is very personal. A small detail can change the entire legal analysis.

Final Thoughts

My message to the community is simple: stay informed, but do not panic.

The May 2026 USCIS memorandum is serious. It may make adjustment of status more difficult for some applicants. It may require stronger documentation and clearer legal arguments. It may also cause more people to be directed toward consular processing abroad.

But it does not mean adjustment of status has disappeared. It does not mean every pending case is lost. It does not mean every applicant must immediately leave the United States.

The best step is to understand your own case before making any decision.

If you have questions about adjustment of status, a pending green card application, consular processing, waivers, or whether this USCIS memorandum may affect your family, you may contact my office for a consultation.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration law is highly fact-specific. Every case should be reviewed individually by a qualified immigration attorney.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

CALL NOW

BOOK AN APPOINTMENT

Spanish Transcript

Lourdes Ubieta:
Bien, amigos, gracias por continuar en sintonía del programa completamente en vivo, Radio Libre 790, 96.5. Saludamos a la audiencia también conectada por las redes sociales, YouTube y X, @RadioLibre790, @LourdesUbieta. Gracias por la sintonía.

Bueno, una norma de la administración del presidente Trump exige que los extranjeros en Estados Unidos soliciten la tarjeta de residencia permanente en el extranjero. En el extranjero, amigos oyentes. Una decisión que fue informada el viernes, un cambio importante en esa política de inmigración que estipula nuevamente que los no ciudadanos estadounidenses que hayan solicitado una tarjeta verde o estatus de residente permanente legal deben abandonar el país, incluso si se encuentran legalmente en el país e independientemente de si tienen cónyuges o familiares con ciudadanía.

Los solicitantes de la tarjeta de residencia permanente deben esperar que su solicitud sea procesada fuera de los Estados Unidos mediante trámites consulares a través del Departamento de Estado de los Estados Unidos.

Doctora Martha Arias, abogada de inmigración, gracias por acompañarme comenzando la semana con esta noticia. Hace tiempo que no teníamos una noticia tan importante como esta. Bienvenida a su casa, doctora.

Abogada Martha Arias:
Buenos días, Lourdes. Un saludo especial para usted, su equipo de trabajo y toda la audiencia. Feliz comienzo de esta semana, empezando martes. Y sí, como dice usted, con una noticia un poquito estresante.

Lourdes Ubieta:
Exactamente. Ayúdenos a entender, abogada. Las personas que en este momento están en los Estados Unidos, que han hecho todo bien, están esperando nada más por su tarjeta, su tarjeta que les va a decir que usted es residente permanente legal en los Estados Unidos. ¿Ahora tienen que salir de los Estados Unidos y esperar la aprobación de su residencia en su país de origen?

Abogada Martha Arias:
Sí, es la nueva política administrativa. Aquí tenemos que dar un poquito de información a todas las personas. El estatuto, que es el Immigration and Nationality Act, la Ley de Inmigración y Nacionalidad, ese es el estatuto, esa es la ley. Es una ley del Congreso; o sea, es una ley orgánica hecha por el Congreso de los Estados Unidos.

Esa ley le permite a una persona ajustar estatus dentro de los Estados Unidos, lo que en inglés se llama adjustment of status, siempre y cuando la persona haya entrado legalmente. Y hay algunas pocas excepciones de quienes pueden ajustar estatus si no han entrado legalmente, son pocas excepciones.

Ahora, sigue. Eso todavía está en la ley. Esa ley no la cambió esta política que estamos hablando hoy. Lo que pasa es que en esa ley orgánica también dice que una persona que va a ajustar estatus bajo la sección 245 de la ley, que es esta de la que estamos hablando, el ajuste de estatus, es una petición que es discrecionaria. Es decir, el gobierno puede, a su discreción, aprobarla o negarla. Eso también lo dice la ley, siempre ha estado allí. Correcto.

Ahora, lo que este memorándum está diciendo, este memorándum que sale fechado el 21 de mayo de este año 2026, lo que está diciendo es que el gobierno va a ejercer esa discreción que tiene la ley orgánica caso por caso. En inglés se dice on a case-by-case basis, dependiendo, y solamente lo va a aprobar cuando se muestren circunstancias extraordinarias de por qué la persona debe ajustar ese estatus dentro de los Estados Unidos.

Entonces, en otras palabras, el gobierno tiene el derecho a emitir políticas administrativas, y en este caso el gobierno está emitiendo esta política administrativa, que le da derecho, vamos a decirlo así, la ley orgánica cuando dice que el ajuste de estatus debe ser discrecionario.

Entonces ellos, en otras palabras, cogen esa palabra “discrecionaria” y la usan para emitir esta política administrativa, diciendo caso por caso si la persona nos muestra una razón extraordinaria. O sea, va a ser más difícil, por decirlo así, que a la persona le aprueben su residencia dentro del país. La persona tendría que salir, pero no quiere decir que no las podemos presentar. Sí, porque ahora nosotros, los abogados o los peticionarios, vamos a tener que mostrar cuál es esa razón extraordinaria que ellos piden, cuáles son los factores que tienen que mostrar para poder lograr ese factor extraordinario.

O sea, no es una tarea fácil, obviamente, ni para el peticionario ni para nosotros. Pero tampoco es que nos están excluyendo ese derecho. Y eso quiero que la gente lo entienda, porque el estatuto sigue permitiendo un ajuste de estatus bajo la sección 245. Esto es una política administrativa de esta administración que está queriendo hacer valer esa discreción, vamos a decirlo así, en una forma más estricta y sometida a un estándar de prueba más alto.

Lourdes Ubieta:
Nuevamente, doctora, porque esta es la pregunta que me están haciendo los oyentes mientras la escuchamos, ¿no? La persona que en este momento está esperando su residencia permanente, ¿tendrá que salir del país o la otra opción es demostrar que, como es caso por caso, en su caso se puede quedar esperando el ajuste de estatus dentro de Estados Unidos?

Yo me pregunto: ¿cuáles serían esas condiciones? ¿Tener trabajo? ¿Un trabajo en el que no se pueda ausentar del país? ¿Cuáles son las variables para que una persona pueda esperar ese ajuste de estatus dentro de los Estados Unidos?

Abogada Martha Arias:
Sí, esa es una buena pregunta. Esa pregunta suya vamos a dividirla en dos.

¿Cuáles son las variables o lo que tendríamos que mostrar como factores para mostrar una condición extraordinaria, porque la persona merece hacer ese ajuste de estatus dentro del país?

No hay todavía un memorándum de inmigración que explique. Sin embargo, siempre en otros casos se han hablado de factores como, por ejemplo, la educación de la persona; si tiene capacidad económica para solventarse sin convertirse en una carga pública; la historia criminal, si tiene delitos o récords criminales; las circunstancias en que salió de su país y si puede regresar a su país; los lazos comunitarios que tiene dentro de los Estados Unidos, vamos a decir que si tiene toda su familia aquí o por lo menos la familia cercana; qué lazos comunitarios todavía tiene en su país de origen; cuestiones también, por ejemplo, como enfermedades, condiciones médicas, todo eso. Eso es parte de lo que uno puede mostrar para esa razón extraordinaria.

El dolor extremo, si existe o si lo hay, en el familiar que lo pide. Vamos a decir, es un hijo que está pidiendo a la mamá o es un esposo que está pidiendo a su esposa. Si ese esposo o ese hijo, pues, sufriría en una condición, un dolor extraordinario, en caso de que no se le dé la residencia a su beneficiario. Entonces, todos esos son los factores.

¿Qué quiere decir eso? Que le va a tocar probar con más documentos. Lo que necesitan es más trabajo para uno y para las personas. Y obviamente para el mismo oficial adjudicador, porque el oficial adjudicador ahora va a estar empapelado con una cantidad de documentos que van a tender a mostrar esa condición extraordinaria.

Entonces, vuelvo y repito, esto salió la semana pasada, el 21, en el memorándum. Yo me leí el memorándum. El memorándum habla de lo que estamos hablando aquí: caso por caso, razones humanitarias, lo discrecionario, eso es lo que habla. Todavía los oficiales no tienen unas guías exactas, y lo digo porque compañeros abogados de inmigración tuvieron cita el viernes después de que fue emitido. Y ahora, hoy, en el transcurso de la mañana, que nosotros tenemos unas comunicaciones por vía email, los mismos oficiales todavía no tienen guías. Ellos están pidiendo a las personas que tuvieron cita, por ejemplo hoy, prueba de razón extraordinaria y pruebas como lo que mencioné ahora: tiempo aquí, familia acá, todo eso.

Entonces, las guías me imagino que van a seguir saliendo. Hay que estar informándonos poco a poco de qué otras guías van a tener, pero por ahora lo que yo les mencioné de esos factores es algo para lo cual las personas tienen que empezar a recolectar documentación.

Ahora, en cuanto a la primera pregunta, que es también muy importante, si esto va a afectar a las personas que ya tenían peticiones pendientes antes de que se emitiera este memorándum el 21 de mayo. Yo no, vuelvo y repito, no hay todavía unas guías explícitas de inmigración hacia los oficiales o públicas donde ya…

Lourdes Ubieta:
Habitualmente no es retroactivo, ¿no? Es a partir del momento de la fecha de publicación. Las leyes habitualmente no son retroactivas, ¿no?

Abogada Martha Arias:
Sí, las leyes, eso es un tema interesante, porque las leyes del Congreso pueden ser retroactivas. La ley de casos o jurisprudencia normalmente no lo es. Ahora, esto no es ni del Congreso ni es de un juez, es la misma política administrativa.

Como política administrativa, administrativamente tampoco en la mayoría de los casos el Ejecutivo puede emitir políticas hacia atrás. Entonces, yo no creo que desde el punto de vista, vamos a decir, de la mecánica de la ley, de cómo aplica, podamos emitir una política administrativa, sea un año o dos años atrás, porque entonces tendríamos un caos legal total.

Entonces, no creo que vaya a aplicar hacia el pasado, pero esto es mi opinión como abogada y teniendo en cuenta los fundamentos de la ley y las interpretaciones que uno estudia en la universidad. La administración puede salir y decir: “Sí, yo lo puedo aplicar a los casos pendientes, no adjudicados”. Y ahí entonces entraríamos en, vamos a decir, una discusión legal entre nosotros, los abogados, y la administración, que a lo mejor iría a una demanda federal para tratar de probar que esto no debería aplicar a los que tienen peticiones pendientes, solamente a peticiones recibidas por inmigración después de mayo 21.

Pero vuelvo y repito, Lourdes, no hay en el memorándum ni en ninguna guía nada que diga que inmigración está diciendo que lo va a aplicar en forma retroactiva. Pero obviamente nosotros suponemos que va a ser así. Yo tengo una cita, por ejemplo, esta semana, y me imagino que voy a ir preparada a ver qué me va a decir el oficial, si le va a dar un requerimiento de evidencias, y obviamente nosotros vamos a tener que argumentar que no aplicaba a nuestros clientes.

Pero eso no quiere decir que la batalla va a estar… Si la administración lo va a aplicar a casos que estaban pendientes, pues eso irá a mayores o iremos por allí, si esto irá a las cortes. Pero los procesos que van a las cortes, como usted sabe, son lentos y toman tiempo. Entonces, una respuesta inmediata no sé si la vamos a tener.

Lourdes Ubieta:
Muy bien, doctora. Los no inmigrantes, como estudiantes, trabajadores temporales o personas con visas de turista, vienen a Estados Unidos por un corto tiempo y con un propósito específico, dicen desde el Departamento de Inmigración, y luego nuestro sistema está diseñado para que se vayan cuando termine su visita. Su visita no debería funcionar como el primer paso en el proceso de la tarjeta de residencia. Eso es lo que dice Koller, el vocero del Departamento de Inmigración.

Y es verdad, veíamos personas que han llegado como turistas y luego buscaban la manera de quedarse legalmente en los Estados Unidos, doctora. Ahora parece que es como un cambio en la visión del tema migratorio.

Abogada Martha Arias:
Bueno, esa parte siempre ha sido igual también. La persona que entra con una visa de turista le dan seis meses para estar. Claro, no quiere decir que se tiene que quedar los seis meses. Obviamente viene por una semana, qué sé yo, diez semanas, diez días a visitar a sus familiares o a pasear, vacacionar, pero eso es lo mismo. Lo mismo el que entra con una visa de estudiante. Pero lo que pasa es que la vida no es lineal.

Lourdes Ubieta:
Blanca y negra, así es, por supuesto.

Abogada Martha Arias:
La vida no es lineal.

Lourdes Ubieta:
Pero es que hay que ir caso por caso, doctora. Eso es, hay que ir caso por caso.

Abogada Martha Arias:
Cada ser humano tiene unos, vamos a decir, unos giros, unos cambios en la vida normal. Unos cambios que son de un momento a otro.

Por ejemplo, ¿cuántas veces no pasa con todos estos muchachos que vienen a estudiar, a hacer una carrera aquí, y les ofrecen un empleo tremendo? Y les ofrecen un empleo tremendo porque tienen la capacidad intelectual, porque tienen las habilidades.

Lourdes Ubieta:
Eso es bueno para Estados Unidos. Es bueno para los Estados Unidos.

Abogada Martha Arias:
Y eso, por ejemplo, es una razón. El mismo Elon Musk entró con una visa primero de H-1B, que es una visa de habilidades extraordinarias, y se quedó y ha generado riqueza, empleo y cosas en los Estados Unidos. El mismo Albert Einstein, ¿no entró como un hombre que entró con la capacidad intelectual? Este país está hecho de una cantidad de extranjeros con unos niveles que han sobresalido a nivel mundial por sus mismas capacidades.

La vida cambia, la vida da vueltas. Los que llegan a estudiar y estudian una carrera de tres o cuatro años y encuentran el amor de su vida allí y se casan y deciden quedarse aquí porque ya llevan tres o cuatro años estudiando aquí, ya tienen trabajo y todas las carreras: médicos, ingenieros, cualquier carrera que usted quiera. O sea, la vida da vueltas. Esa persona inicialmente seguro tenía la intención de regresar a su país, pero se encontró eso y ¿por qué no?

Lo mismo vemos en la misma administración. Vemos las esposas de muchas personas que están en la administración que entraron aquí con cualquier otra visa que haya sido y se quedaron y encontraron el amor, se unieron y se casaron y recibieron un ajuste de estatus. O sea, esa es la vida. La vida nos trae vueltas y puede ser que lo que uno planeó no salga. La vida no es lineal.

Entonces eso es el punto. De pronto, yo no sé, estamos poniendo las cosas, la flexibilidad, y la misma ley es planteada de esa forma. Si la persona entró legalmente, tiene la posibilidad de pedir un ajuste de estatus, la ley lo dice. O sea, ese concepto de flexibilidad lo tiene la ley. Lo que pasa es que ahora la administración quiere establecer la política administrativa más estricta, tal vez sin mirar mucho el factor humano de entender.

Es cierto que hay abusos, Lourdes, usted y yo lo sabemos y todo el mundo lo sabe.

Lourdes Ubieta:
Por supuesto.

Abogada Martha Arias:
Es que tiene que haber siempre una línea media.

Lourdes Ubieta:
El caso por caso es la respuesta, mi doctora. Caso por caso.

Abogada Martha Arias:
Sí, caso por caso, pero también una línea media, porque hay gente que viene, sí, con la visa de turista y viene ya con la intención preconcebida de quedarse. Yo personalmente, como abogada, tengo cantidades de casos que me llaman a consultarme. Un ciudadano americano me dice: “Yo quiero traer a mi pareja. Ella tiene o él tiene visa de turista”. Y yo le digo: “Mire, la forma correcta es con la visa de fiancé o que lo pida la persona estando allá, porque con visa de turista no es lo correcto”.

Eso nunca ha sido un consejo que uno, por ejemplo, como abogado honesto dé. Pero la gente a veces hace esas cosas locas. Entra con su visa de turista y se queda acá, y ya.

Entonces esas son las cosas que hay que ver, porque obviamente lo que es incorrecto se sanciona, pero no todo el mundo tiene esa malicia tampoco. A veces viene inocentemente. Yo tuve una clienta que vino, una señora inocentemente, visitaba a su hijo y a su hijo le diagnosticaron una enfermedad terrible y le tocó quedarse a cuidar a su hijo porque la esposa tenía que seguir trabajando para mantener la casa, para mantener a los hijos que tenían, y ella cocinándole y cuidando al hijo. O sea, imagínate esas cosas que pasan. Esa es la vida.

Lourdes Ubieta:
Muy bien, doctora, le agradezco muchísimo atendernos esta mañana y compartir esta información con los oyentes tan importante. La información en la inmigración. Somos un país de inmigrantes en los Estados Unidos, amigos oyentes.

Martha Arias, abogada de inmigración. Doctora, feliz semana. Gracias por acompañarme.

Abogada Martha Arias:
Gracias, feliz día.

Lourdes Ubieta:
Igualmente.

English Translation

Lourdes Ubieta:
Well, friends, thank you for continuing to stay tuned to the program, completely live, Radio Libre 790, 96.5. We also greet the audience connected through social media, YouTube and X, @RadioLibre790, @LourdesUbieta. Thank you for tuning in.

Well, a rule from President Trump’s administration requires foreigners in the United States to apply for the permanent residence card abroad. Abroad, listening friends. A decision that was reported on Friday, an important change in that immigration policy that again states that non-U.S. citizens who have applied for a green card or legal permanent resident status must leave the country, even if they are legally in the country and regardless of whether they have spouses or relatives with citizenship.

Applicants for the permanent residence card must expect their application to be processed outside the United States through consular processing through the United States Department of State.

Attorney Martha Arias, immigration attorney, thank you for joining me as we begin the week with this news. It has been a while since we had news as important as this. Welcome to your home, attorney.

Attorney Martha Arias:
Good morning, Lourdes. A special greeting to you, your work team, and the entire audience. Happy beginning of this week, starting Tuesday. And yes, as you say, with a little bit of stressful news.

Lourdes Ubieta:
Exactly. Help us understand, attorney. The people who right now are in the United States, who have done everything correctly, are waiting only for their card, their card that will tell them that they are a legal permanent resident in the United States. Do they now have to leave the United States and wait for the approval of their residence in their country of origin?

Attorney Martha Arias:
Yes, it is the new administrative policy. Here we have to give a little bit of information to all people. The statute, which is the Immigration and Nationality Act, the Immigration and Nationality Law, that is the statute, that is the law. It is a law of Congress; that is, it is an organic law made by the Congress of the United States.

That law allows a person to adjust status inside the United States, what in English is called adjustment of status, as long as the person entered legally. And there are a few exceptions for those who can adjust status if they did not enter legally; they are few exceptions.

Now, it continues. That is still in the law. This policy that we are talking about today did not change that law. What happens is that in that organic law it also says that a person who is going to adjust status under section 245 of the law, which is this one that we are talking about, adjustment of status, is a petition that is discretionary. That is to say, the government can, at its discretion, approve it or deny it. The law also says that; it has always been there. Correct.

Now, what this memorandum is saying, this memorandum that comes out dated May 21 of this year, 2026, what it is saying is that the government is going to exercise that discretion that the organic law has case by case. In English it is said on a case-by-case basis, depending, and it will only approve it when extraordinary circumstances are shown as to why the person must adjust that status inside the United States.

So, in other words, the government has the right to issue administrative policies, and in this case the government is issuing this administrative policy, which gives it the right, let us say it that way, the organic law when it says that adjustment of status must be discretionary.

So they, in other words, take that word “discretionary” and use it to issue this administrative policy, saying case by case if the person shows us an extraordinary reason. In other words, it is going to be more difficult, so to speak, for the person to have their residence approved inside the country. The person would have to leave, but that does not mean that we cannot file them. Yes, because now we, the attorneys or the petitioners, are going to have to show what that extraordinary reason is that they are asking for, what the factors are that they have to show in order to achieve that extraordinary factor.

In other words, it is not an easy task, obviously, neither for the petitioner nor for us. But it is not that they are excluding that right from us either. And that is what I want people to understand, because the statute continues to allow adjustment of status under section 245. This is an administrative policy of this administration that is wanting to enforce that discretion, let us say it that way, in a stricter form and subjected to a higher standard of proof.

Lourdes Ubieta:
Again, attorney, because this is the question that the listeners are asking me while we are listening to you, right? The person who right now is waiting for their permanent residence, will they have to leave the country or is the other option to show that, since it is case by case, in their case they can stay waiting for the adjustment of status inside the United States?

I ask myself: what would those conditions be? Having work? A job from which they cannot be absent from the country? What are the variables so that a person can wait for that adjustment of status inside the United States?

Attorney Martha Arias:
Yes, that is a good question. That question of yours, we are going to divide it into two.

What are the variables or what we would have to show as factors to show an extraordinary condition, because the person deserves to do that adjustment of status inside the country?

There is not yet an immigration memorandum that explains. However, always in other cases there has been talk of factors such as, for example, the person’s education; if they have the economic capacity to support themselves without becoming a public charge; the criminal history, if they have crimes or criminal records; the circumstances in which they left their country and whether they can return to their country; the community ties they have inside the United States, let us say if they have all their family here or at least the close family; what community ties they still have in their country of origin; issues also, for example, such as illnesses, medical conditions, all of that. That is part of what one can show for that extraordinary reason.

The extreme pain, if it exists or if there is any, in the family member who petitions for them. Let us say, it is a son who is petitioning for the mother or it is a husband who is petitioning for his wife. If that husband or that son, well, would suffer in a condition, an extraordinary pain, in the event that residence is not given to their beneficiary. So, all those are the factors.

What does that mean? That they will have to prove with more documents. What they need is more work for us and for the people. And obviously for the adjudicating officer himself, because the adjudicating officer now is going to be covered with a quantity of documents that will tend to show that extraordinary condition.

So, I repeat again, this came out last week, on the 21st, in the memorandum. I read the memorandum. The memorandum talks about what we are talking about here: case by case, humanitarian reasons, the discretionary aspect, that is what it talks about. The officers still do not have exact guidelines, and I say it because fellow immigration attorneys had appointments on Friday after it was issued. And now, today, during the course of the morning, since we have communications by email, the same officers still do not have guidelines. They are asking people who had appointments, for example today, for proof of an extraordinary reason and proof such as what I mentioned now: time here, family here, all of that.

So, I imagine the guidelines will continue to come out. We have to keep informing ourselves little by little about what other guidelines they are going to have, but for now what I mentioned to you about those factors is something for which people have to begin collecting documentation.

Now, regarding the first question, which is also very important, whether this is going to affect people who already had pending petitions before this memorandum was issued on May 21. I do not, I repeat again, there are not yet explicit immigration guidelines to the officers or public ones where already…

Lourdes Ubieta:
Usually it is not retroactive, right? It is from the moment of the publication date. Laws usually are not retroactive, right?

Attorney Martha Arias:
Yes, laws, that is an interesting topic, because laws from Congress can be retroactive. Case law or jurisprudence normally is not. Now, this is neither from Congress nor is it from a judge; it is the same administrative policy.

As an administrative policy, administratively, in most cases the Executive cannot issue policies backward either. So, I do not believe that from the point of view, let us say, of the mechanics of the law, of how it applies, we can issue an administrative policy, whether one year or two years back, because then we would have total legal chaos.

So, I do not believe it will apply to the past, but this is my opinion as an attorney and taking into account the foundations of the law and the interpretations that one studies in university. The administration can come out and say: “Yes, I can apply it to pending cases, not adjudicated.” And there then we would enter into, let us say, a legal discussion between us, the attorneys, and the administration, which perhaps would go to a federal lawsuit to try to prove that this should not apply to those who have pending petitions, only to petitions received by immigration after May 21.

But I repeat again, Lourdes, there is nothing in the memorandum nor in any guidance that says immigration is saying that it is going to apply it retroactively. But obviously we suppose that it will be that way. I have an appointment, for example, this week, and I imagine that I am going to go prepared to see what the officer is going to tell me, if he is going to give a request for evidence, and obviously we are going to have to argue that it did not apply to our clients.

But that does not mean that the battle is going to be… If the administration is going to apply it to cases that were pending, then that will go further or we will go there, if this will go to the courts. But the processes that go to the courts, as you know, are slow and take time. So, an immediate answer, I do not know if we are going to have it.

Lourdes Ubieta:
Very well, attorney. Nonimmigrants, such as students, temporary workers, or people with tourist visas, come to the United States for a short time and with a specific purpose, they say from the Department of Immigration, and then our system is designed for them to leave when their visit ends. Their visit should not function as the first step in the process of the residence card. That is what Koller says, the spokesperson for the Department of Immigration.

And it is true, we saw people who have arrived as tourists and then looked for a way to stay legally in the United States, attorney. Now it seems that it is like a change in the vision of the immigration issue.

Attorney Martha Arias:
Well, that part has always been the same also. The person who enters with a tourist visa is given six months to stay. Of course, it does not mean that they have to stay the six months. Obviously they come for one week, I do not know, ten weeks, ten days to visit their relatives or to walk around, vacation, but that is the same. The same with the one who enters with a student visa. But what happens is that life is not linear.

Lourdes Ubieta:
Black and white, that is right, of course.

Attorney Martha Arias:
Life is not linear.

Lourdes Ubieta:
But it is that one has to go case by case, attorney. That is it, one has to go case by case.

Attorney Martha Arias:
Each human being has, let us say, some turns, some changes in normal life. Some changes that are from one moment to another.

For example, how many times does it not happen with all these young people who come to study, to complete a career here, and they are offered a tremendous job? And they are offered a tremendous job because they have the intellectual capacity, because they have the skills.

Lourdes Ubieta:
That is good for the United States. It is good for the United States.

Attorney Martha Arias:
And that, for example, is a reason. Elon Musk himself entered first with an H-1B visa, which is a visa of extraordinary abilities, and he stayed and has generated wealth, employment, and things in the United States. Albert Einstein himself, did he not enter as a man who entered with intellectual capacity? This country is made up of a quantity of foreigners with levels that have stood out worldwide because of their own abilities.

Life changes, life turns. Those who come to study and study a career of three or four years and find the love of their life there and get married and decide to stay here because they already have three or four years studying here, they already have work and all the careers: doctors, engineers, any career that you want. In other words, life turns. That person initially surely had the intention of returning to their country, but they found that and why not?

The same thing we see in the same administration. We see the wives of many people who are in the administration who entered here with whatever other visa it may have been and stayed and found love, joined together and married and received adjustment of status. In other words, that is life. Life brings us turns and it may be that what one planned does not come out. Life is not linear.

So that is the point. Suddenly, I do not know, we are placing things, flexibility, and the same law is set forth in that form. If the person entered legally, they have the possibility of requesting adjustment of status, the law says it. In other words, that concept of flexibility is in the law. What happens is that now the administration wants to establish the administrative policy more strictly, perhaps without looking much at the human factor of understanding.

It is true that there are abuses, Lourdes, you and I know it and everyone knows it.

Lourdes Ubieta:
Of course.

Attorney Martha Arias:
It is that there must always be a middle line.

Lourdes Ubieta:
Case by case is the answer, my attorney. Case by case.

Attorney Martha Arias:
Yes, case by case, but also a middle line, because there are people who come, yes, with the tourist visa and come already with the preconceived intention of staying. I personally, as an attorney, have quantities of cases that call me to consult me. An American citizen tells me: “I want to bring my partner. She has or he has a tourist visa.” And I tell him: “Look, the correct way is with the fiancé visa or for the person to petition for them while they are there, because with a tourist visa it is not the correct thing.”

That has never been advice that one, for example, as an honest attorney gives. But people sometimes do those crazy things. They enter with their tourist visa and stay here, and that is it.

So those are the things that have to be seen, because obviously what is incorrect is sanctioned, but not everyone has that malice either. Sometimes they come innocently. I had a client who came, a lady innocently, she was visiting her son and her son was diagnosed with a terrible illness and she had to stay to take care of her son because the wife had to continue working to maintain the house, to maintain the children they had, and she was cooking for him and taking care of the son. In other words, imagine those things that happen. That is life.

Lourdes Ubieta:
Very well, attorney, I thank you very much for attending us this morning and sharing this very important information with the listeners. Information in immigration. We are a country of immigrants in the United States, listening friends.

Martha Arias, immigration attorney. Attorney, happy week. Thank you for joining me.

Attorney Martha Arias:
Thank you, have a nice day.

Lourdes Ubieta:
Likewise.

The post Do I Have to Leave the U.S. for My Green Card? appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

DHS Proposes Major Fee Increase

Martha Arias — Tue, 26 May 2026 22:58:59 +0000

DHS Proposes 387% Fee Increase for Form I-246 Stay of Deportation or Removal Requests

What Immigrants With Final Removal Orders Should Know

When a person has a final order of deportation or removal, every decision matters. In certain situations, that person may ask U.S. Immigration and Customs Enforcement, known as ICE, to temporarily delay physical removal from the United States by filing Form I-246, Application for a Stay of Deportation or Removal.

Now, the Department of Homeland Security has proposed a major increase to the Form I-246 filing fee. Under a proposed rule published in the Federal Register on May 7, 2026, DHS seeks to increase the fee from $155 to $755. That is a proposed increase of $600, or 387%. DHS states that the current fee has not been adjusted since 1989 and that the proposed increase is intended to recover the labor costs of adjudicating the application. Public comments on the proposed rule are due by July 6, 2026.

This is still a proposed rule, not a final rule. That distinction is important. At this time, DHS has proposed the increase and is accepting public comments before deciding whether to finalize the change.

What Is Form I-246?

Form I-246, Application for a Stay of Deportation or Removal, is used by certain individuals who have been ordered deported or removed from the United States and are asking ICE to temporarily delay their physical removal. ICE’s own form instructions state that anyone ordered deported or removed from the United States may apply for a stay of deportation or removal under 8 C.F.R. 241.6.

In simple terms, a stay of removal is a request asking ICE not to physically remove the person from the United States for a period of time.

A stay of removal does not erase a removal order. It does not automatically reopen the immigration case. It does not create permanent lawful status. It is a temporary request that asks ICE to delay physical removal while specific facts are reviewed.

The Federal Register explains that Form I-246 applies after a person becomes subject to an administratively final order of deportation or removal. In plain language, this means the immigration case has reached the point where the remaining step may be physical removal from the United States.

Why This Proposed Fee Increase Matters

For many families, Form I-246 is not filed casually. It is often considered when a person is facing a very serious and urgent situation. A person may already have a final removal order but also have medical issues, family hardship, pending legal proceedings, or other humanitarian circumstances that may support a request to delay removal.

DHS explains that ICE may consider factors such as a serious medical condition, whether the person is a minor, whether the person is needed in court proceedings in the United States, or whether there are other circumstances where physical removal may not be in the public interest.

Because of that, raising the fee from $155 to $755 may create a real financial burden for some families. People facing removal may already be dealing with legal fees, medical records, translations, transportation, family expenses, and the emotional weight of possible separation. A higher government filing fee may make an already difficult situation even harder.

At the same time, DHS states that fee waivers may continue to be requested by individuals who are unable to pay the Form I-246 fee. That is an important point for fairness and accuracy. However, the ability to request a fee waiver does not mean every fee waiver or every stay request will be approved.

Who May Be Affected by the Form I-246 Fee Increase?

This proposed fee increase may affect some people who have been ordered removed or deported and who are facing possible physical removal from the United States.

This may include individuals who:

Have a final order of removal or deportation;
Are under ICE supervision;
Have been told to report to ICE;
Are facing possible physical removal from the United States;
Have serious medical, humanitarian, family, or legal circumstances that may need review;
Are pursuing or considering other legal options, such as a motion to reopen, appeal-related action, or another form of relief.

Every case is different. A stay of removal is not available or appropriate in every situation. A person with a final removal order should not assume that filing Form I-246 will stop removal automatically.

Why Legal Review Is Important Before Filing Form I-246

A person with a final removal order should be very careful before filing anything with immigration authorities. Once a person is subject to a final removal order, the government may already have authority to carry out physical removal. Any filing may bring attention to the person’s location, immigration history, and current circumstances.

Before filing Form I-246, it is important to review:

The date and type of removal order;
Whether the person attended immigration court hearings;
Whether the person has prior immigration violations;
Whether there are criminal issues;
Whether there are pending appeals, motions, or other applications;
Whether the person may qualify for another form of immigration relief;
Whether the person is already under ICE supervision;
What evidence supports the request for a temporary stay.

A stay request should be supported with strong documentation. Depending on the case, that may include medical records, family documents, evidence of hardship, proof of pending legal matters, proof of rehabilitation, community ties, or other records that explain why immediate removal should be delayed.

This is why legal review is so important. A stay of removal request is not only a form. It is a request for discretion, and the facts must be presented carefully.

Martha L. Arias, Esq.
Immigration Law Attorney
(305) 671-0018

Contact us today with your immigration questions.

MIAMI OFFICE:
ARIAS VILLA, PLLC
9100 S Dadeland Blvd, #510, Miami, FL 33156
(305) 671-0018
(305) 233-3110
martha@ariasvilla.com

OFFICE HOURS:
Monday: 9 AM – 5:30 PM
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 5:30 PM
Friday: 9 AM – 3 PM
Saturday & Sunday: Closed

The proposed Form I-246 fee increase comes at a time when other immigration enforcement and immigration court developments are also taking place.

ICE 287(g) Program Expansion

ICE’s official 287(g) program page reported that, as of May 21, 2026, at 4:27 p.m., ICE had signed 1,864 Memorandums of Agreement for 287(g) programs covering 39 states and 2 U.S. territories.

The 287(g) program allows ICE to enter into agreements with state and local law enforcement agencies so designated officers may perform certain immigration enforcement functions.

This matters because local law enforcement encounters may have immigration consequences in some jurisdictions. Immigrants and mixed-status families should understand their rights, avoid misinformation, and speak with an immigration attorney if they have concerns about detention, prior removal orders, criminal history, or pending immigration cases.

EOIR Announces 77 Immigration Judges and 5 Temporary Immigration Judges

The Executive Office for Immigration Review announced on May 21, 2026 that it swore in 77 immigration judges and 5 temporary immigration judges. EOIR described this as the largest class of new adjudicators in the agency’s history and stated that the total immigration judge corps has grown to nearly 700.

This may affect immigration court operations, but it does not mean every case will move faster immediately. Immigration court scheduling depends on many factors, including the court location, the assigned judge, the type of case, the procedural history, and whether there are pending motions or appeals.

Anyone with a case in immigration court should continue checking official notices carefully and should not miss any hearing date.

June 2026 Visa Bulletin and USCIS Filing Charts

USCIS has posted its June 2026 adjustment of status filing chart guidance. For June 2026, USCIS states that applicants in family-sponsored preference categories must use the Dates for Filing chart, while applicants in employment-based preference categories must use the Final Action Dates chart from the Department of State Visa Bulletin.

This matters for people waiting to file adjustment of status based on family or employment preference categories. A person’s priority date must be reviewed carefully before filing. Filing too early, using the wrong chart, or misunderstanding visa availability can create delays and complications.

What Families Should Do Now

If you or a loved one has a final order of removal, this is not the time to guess or rely on social media rumors. A stay of removal request may be important in some cases, but it must be prepared carefully and supported with the right evidence.

If you are waiting for a green card, have a pending family petition, are in immigration court, are under ICE supervision, or have questions about a prior removal order, speak with a qualified immigration attorney before making decisions.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration law changes frequently, and every case depends on its specific facts. Reading this article does not create an attorney-client relationship. For advice about your situation, please consult an immigration attorney.

Martha L. Arias, Esq.
Immigration Law Attorney

Your Trusted Immigration Law Attorney

CALL NOW

BOOK AN APPOINTMENT

The post DHS Proposes Major Fee Increase appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Types of U.S. Visas Explained: A Guide to Family, Work, Student, and Investor Visas

Martha Arias — Thu, 21 May 2026 22:16:02 +0000

U. S. Visa Types Explained: Understanding Your Options

When people contact my office about immigration, one of the first questions they often ask is simple but very important: “What type of visa do I need?”

The answer depends on many factors: why you want to come to the United States, whether you plan to stay temporarily or permanently, whether you have a U.S. citizen or lawful permanent resident family member, whether a U.S. employer is involved, whether you are investing in a business, whether you are coming to study, or whether you are seeking protection for humanitarian reasons.

U.S. immigration law contains many visa categories. Some are temporary. Some may lead to permanent residence. Some are based on family relationships. Others are based on employment, investment, education, humanitarian protection, or special circumstances. The U.S. Department of State explains that the purpose of the intended travel and the facts of the case determine which visa category may be appropriate, and a consular officer determines whether an applicant qualifies under U.S. law.

This article is meant to help you understand the main types of U.S. visas and immigration classifications in plain language. It is not a substitute for legal advice, because every immigration case depends on personal history, eligibility, timing, prior entries, prior immigration violations, criminal history, family facts, and many other details.

Start Here: Are You Looking for a Temporary Visa or a Green Card?

A temporary visa may be appropriate if you want to visit, study, work temporarily, invest temporarily, attend an exchange program, or come for a specific limited purpose.

Adjustment of Status (a.k.a. Green Card) pathway may be appropriate if your goal is permanent residence through family, employment, investment, asylum, refugee status, special immigrant classification, or another eligible category.

This distinction matters because using the wrong visa for the wrong purpose can create immigration problems.

What Is a Visa?

A visa generally allows a foreign national to travel to a U.S. port of entry and request admission for a specific purpose. It does not guarantee entry. U.S. Customs and Border Protection makes the admission decision at the port of entry.

The U.S. Department of State explains that foreign citizens generally need either a non-immigrant visa for a temporary stay or an immigrant visa for permanent residence, unless they qualify for visa-free travel under a specific program.

This difference is very important:

A nonimmigrant visa is usually for a temporary purpose, such as tourism, business visits, study, temporary work, exchange programs, or certain humanitarian protections.

An immigrant visa is for someone who is seeking to become a lawful permanent resident, commonly known as getting a Green Card.

A person can make serious mistakes by applying for the wrong visa, using a visa for the wrong purpose, overstaying, working without authorization, or assuming that a temporary visa automatically creates a path to a Green Card.

Nonimmigrant Visas vs. Immigrant Visas

The first major distinction is whether the person is coming to the United States temporarily or permanently.

A nonimmigrant visa is for a person who seeks to enter the United States for a temporary purpose. Examples include visitor visas, student visas, temporary worker visas, exchange visitor visas, fiancé(e) visas, and certain humanitarian classifications.

An immigrant visa is for a person who intends to live permanently in the United States as a lawful permanent resident. Immigrant visas are commonly connected to family petitions, employment-based petitions, special immigrant categories, refugee or asylee status, and certain humanitarian pathways. USCIS lists major Green Card eligibility categories, including family, employment, special immigrant, refugee or asylee status, human trafficking and crime victims, victims of abuse, registry, and other categories.

This is why choosing the correct category matters. A visitor visa is not the same as a work visa. A student visa is not the same as an immigrant visa. A family petition is not the same as a tourist visa. Each category has its own purpose, rules, limits, procedures, and risks.

Visa Types

Visitor Visas: B-1, B-2, and B-1/B-2
Student Visas: F and M Visas
Exchange Visitor Visas: J Visas
Temporary Worker Visas
H-1B Visas for Specialty Occupations
H-2A and H-2B Temporary Worker Visas
L-1 Visas for Intracompany Transferees
O-1 Visas for Individuals with Extraordinary Ability or Achievement
P and Q Visas for Athletes, Entertainers, and Cultural Exchange
R-1 Religious Worker Visas
TN Visas for Certain Canadian and Mexican Professionals
Investor and Treaty Trader Visas: E-1 and E-2
EB-5 Immigrant Investor Visa
Family-Based Immigrant Visas
Fiancé(e) Visas: K-1
Marriage-Based Green Cards
Employment-Based Immigrant Visas
PERM Labor Certification
Humanitarian Immigration Options
Asylum and Refugee Protection
Temporary Protected Status: TPS
Humanitarian Parole
U Nonimmigrant Status for Victims of Certain Crimes
T Nonimmigrant Status for Victims of Human Trafficking
VAWA Self-Petitions
Special Immigrant Visas and Special Categories
Diversity Visa Program
Adjustment of Status vs. Consular Processing
Visa Bulletin, Priority Dates, and Waiting Times
Change of Status and Extension of Stay
How to Choose the Right Visa Category
Common Mistakes People Make With U.S. Visas
Why Legal Guidance Matters
Frequently Asked Questions About U.S. Visa Types

Visitor Visas: B-1, B-2, and B-1/B-2

Visitor visas are among the most familiar U.S. visa types. They are temporary visas for people who want to come to the United States for business, tourism, medical treatment, or a combination of business and tourism.

The U.S. Department of State explains that B-1 visitor visas are generally for temporary business visitors, B-2 visitor visas are generally for tourism, and B-1/B-2 visas may be issued for a combination of both purposes.

A visitor visa may be appropriate for activities such as attending certain business meetings, tourism, visiting family, receiving medical treatment, or participating in short recreational activities. However, a visitor visa does not normally authorize employment in the United States.

This is one of the most common areas of confusion. Coming to the United States as a visitor does not mean a person may work, enroll in a full academic program, permanently relocate, or remain beyond the authorized stay. A person who enters as a visitor and then misuses that visa can create serious immigration consequences.

A visitor visa should not be used as a substitute for a work visa, student visa, or immigrant visa.

Common B1 & B2 Visa Questions

Can I work in the United States with a tourist visa?

No. A visitor visa is not a work visa. A person who wants to work in the United States generally needs a visa category or immigration status that authorizes employment.

Can I study with a visitor visa?

The Department of State states that a person generally must have a student visa to travel to the United States to study, and may not study after entering on a visitor visa unless eligible and approved for a change of status by USCIS, with limited exceptions for recreational, non-credit study as part of a tourist visit.

Can a visitor visa lead to a Green Card?

Sometimes a person who is lawfully in the United States may later become eligible for adjustment of status, but this depends on the facts of the case. A visitor visa should not be used as a shortcut to avoid the proper immigrant visa process.

Review Business Visa Options

Student Visas: F and M Visas

Student visas are for people who want to come to the United States for education. The Department of State explains that students generally need an F visa or M visa to study in the United States, and that students and exchange visitors must be accepted by their schools or program sponsors before applying for the visa.

The F visa is generally for academic students. The M visa is generally for vocational students. USCIS also identifies the F category for academic students and the M category for vocational students.

A student visa can be a valuable opportunity, but it comes with responsibilities. Students must maintain their status, follow the rules of their program, and be careful with employment limitations. Unauthorized work, failure to maintain enrollment, or remaining after status ends can create serious immigration problems.

Common student visa questions

What is the difference between an F visa and an M visa?

An F visa is generally for academic study, while an M visa is generally for vocational study. The correct category depends on the type of school and program.

Can a student work in the United States?

Some students may qualify for limited work authorization or practical training, but the rules depend on the visa category, school authorization, USCIS rules, and the student’s circumstances. A student should not assume that all employment is allowed. Students should confirm authorization through their school and/or USCIS before accepting employment.

Can a student change status?

USCIS explains that a person may apply to change nonimmigrant status if they were lawfully admitted, their status remains valid, they have not violated the conditions of status, and they are not otherwise barred from changing status.

Exchange Visitor Visas: J Visas

The J-1 exchange visitor visa is for people approved to participate in exchange visitor programs in the United States. The Department of State explains that J visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs, and that the J-1 category is for educational and cultural exchange programs designated by the Department of State.

J visa programs may include students, scholars, professors, teachers, research scholars, interns, trainees, physicians, au pairs, camp counselors, and other exchange participants depending on the approved program.

Some J visa holders may be subject to a two-year home-country physical presence requirement. This can affect whether the person may later change status, receive certain visas, or apply for permanent residence without first satisfying the requirement or receiving a waiver.

Common J visa questions

Is a J visa only for students?

No. The J visa is for exchange visitors and may include different types of participants, not only students.

Can a J visa lead to another immigration option?

Possibly, but the person’s specific program, immigration history, and whether a two-year home residency requirement applies must be reviewed carefully.

Temporary Worker Visas

Many people come to the United States for temporary work through nonimmigrant worker classifications. USCIS explains that temporary nonimmigrant worker classifications allow foreign nationals to come to the United States temporarily to perform services or labor, and these classifications may include categories such as H, L, O, P, Q, R, E, and TN. Some student classifications may allow limited employment authorization in specific situations, but F and M visas should be discussed separately as student visas.

USCIS also explains that Form I-129 is used by petitioners to file on behalf of a nonimmigrant worker coming temporarily to perform services or labor, or to receive training.

Temporary worker visas usually involve a U.S. employer, a qualifying job, a petition, a specific classification, and strict rules about what the person may do in the United States. A worker should not begin employment until the correct authorization is in place.

H-1B Visas for Specialty Occupations

The H-1B classification is one of the best-known temporary worker categories. USCIS explains that H-1B applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense cooperative research and development project, or services as a fashion model of distinguished merit and ability.

In practical terms, many H-1B cases involve professional positions that require a specific type of degree or specialized knowledge. However, H-1B eligibility is not automatic just because someone has a degree. The job, the employer, the offered position, wage requirements, timing, cap issues, and the worker’s qualifications must all be reviewed.

Common H-1B questions

Is H-1B only for technology jobs?

No. H-1B is not limited to technology. It may apply to different specialty occupations, depending on the job requirements and the worker’s qualifications.

Does every H-1B petition go through a lottery?

Many cap-subject H-1B cases are affected by the annual cap process, but some employers or positions may be cap-exempt. This should be reviewed before planning a case.

Can H-1B lead to a Green Card?

In some cases, yes. H-1B is often used by workers and employers who later pursue employment-based permanent residence, but the permanent residence process is separate and must be planned carefully.

Explore Specialty Occupation Visas

H-2A and H-2B Temporary Worker Visas

The H-2A and H-2B categories are temporary worker classifications for certain employers with temporary labor needs. DHS has explained that the H-2A and H-2B programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs.

The H-2B program is for temporary nonagricultural workers. USCIS explains that the H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.

H-2B is also subject to a numerical cap. USCIS states that Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers beginning employment in the first half of the fiscal year and 33,000 for workers beginning employment in the second half.

These categories can be useful for seasonal, temporary, peak-load, or intermittent needs, but they require careful planning by employers. The timing, recruitment, labor needs, job description, eligible countries, and compliance obligations matter.

Explore H-2B Employer Options

L-1 Visas for Intracompany Transferees

The L-1 category is often used by companies that need to transfer certain employees from a foreign office to a related U.S. office. It may involve executives, managers, or employees with specialized knowledge.

Although this article is a general overview, L-1 cases often require detailed documentation showing the relationship between the foreign and U.S. companies, the employee’s prior qualifying employment abroad, the U.S. role, and whether the position fits the legal requirements.

For business owners, executives, and companies expanding into the United States, the L-1 classification can be an important option, but it should not be treated casually. Corporate documents, payroll records, job duties, office operations, and business plans may become important.

Explore Intracompany Transfer Options

O-1 Visas for Individuals with Extraordinary Ability or Achievement

The O-1 category may be available for individuals with extraordinary ability or achievement in certain fields. This type of visa is often discussed by artists, entrepreneurs, scientists, educators, athletes, business professionals, and people in the motion picture or television industry.

An O-1 case is evidence-driven. The question is not simply whether the person is talented. The question is whether the person can document eligibility under the required legal criteria.

For many people, the challenge is not the lack of accomplishments. The challenge is organizing those accomplishments into a legally persuasive case with strong evidence.

Review O-1 Visa Services

P and Q Visas for Athletes, Entertainers, and Cultural Exchange

The U.S. visa system also includes classifications for certain athletes, entertainers, performers, artists, and cultural exchange participants. These categories can be useful for tours, performances, competitions, entertainment groups, culturally unique programs, and exchange-based cultural programs.

The correct category depends on the nature of the performance, the group or individual role, the itinerary, the sponsoring organization, and the evidence available.

R-1 Religious Worker Visas

The R-1 category may be available for certain religious workers coming temporarily to the United States to work for a qualifying religious organization.

R-1 cases require careful review of the religious organization, the offered role, the applicant’s qualifications, and the relationship between the person and the religious denomination or organization.

TN Visas for Certain Canadian and Mexican Professionals

The TN classification is connected to the United States-Mexico-Canada Agreement. USCIS explains that the TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

TN can be an important option for certain professionals, but it is limited by nationality, profession, qualifications, and the specific job offered. It should not be assumed that every professional job qualifies.

Investor and Treaty Trader Visas: E-1 and E-2

Investor and business-related visas are especially important for foreign nationals who want to develop business activity in the United States.

The E-1 treaty trader category generally relates to substantial trade between the United States and the treaty country. The E-2 treaty investor category generally relates to investment in a real and operating U.S. enterprise by a national of a treaty country.

USCIS includes E-1 and E-2 among temporary nonimmigrant worker classifications.

These categories are treaty-based, meaning nationality matters. Not every country qualifies. The business must also be reviewed carefully. An E-2 case, for example, is not simply about having money. The investment, source of funds, business operations, ownership, risk, and development plan can all matter.

Common E-2 investor visa questions

Is there one fixed minimum investment amount for E-2?

There is no single universal amount that fits every case. The investment must be evaluated in relation to the business, the cost of the enterprise, and the evidence.

Can an E-2 visa lead directly to a Green Card?

E-2 is a nonimmigrant classification. Some investors later explore immigrant options, but E-2 itself is not automatically a Green Card.

Can my family come with me on an E-2?

Spouses and children may have derivative options, depending on eligibility and the rules for the category.

Review Investor Visa Options

EB-5 Immigrant Investor Visa

The EB-5 category is different from E-2 because EB-5 is an immigrant investor pathway that can lead to lawful permanent residence if the legal requirements are satisfied.

The Department of State explains that employment-based immigrant visas are divided into five preference categories, and certain spouses and children may accompany or follow to join employment-based immigrants.

As known as “Investor Visa”, EB-5 is part of the employment-based immigrant visa system. It is a complex area involving investment amount, lawful source of funds, job creation, timing, regional center or direct investment issues, and visa availability. It is not a simple “buy a Green Card” program. It requires careful legal and financial documentation.

USCIS states that the EB-5 Immigrant Investor Program allows investors, and their spouses and unmarried children under 21, to apply for lawful permanent residence if they make the required investment in a commercial enterprise in the United States and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

EB-5 generally requires a qualifying investment in a new commercial enterprise and job creation. The investment amount, source of funds, project structure, and visa availability must be reviewed carefully.

Common EB-5 questions

Is the EB-5 a temporary visa or permenant visa?

No. EB-5 is an immigrant category connected to permanent residence.

Is it the same as E-2?

No. E-2 is a temporary treaty investor classification. EB-5 is an immigrant investor category that may lead to a Green Card if all requirements are met.

Does EB-5 require detailed financial documentation?

Yes. EB-5 cases commonly require detailed evidence regarding the investment, source of funds, and compliance with program requirements.

Explore EB-5 Investor Visa Options

Contact us today with your immigration questions.

With a passion for immigration law and a commitment to client advocacy, Martha L. Arias, Esq. provides the expert legal representation for U.S. citizenship, employment and business visas, specialized on investor visas, green card petitions, deportation defense, and more. Schedule a consultation with Martha today to discuss your immigration needs.

Family-Based Immigrant Visas

Family immigration is one of the most common ways people seek permanent residence in the United States. The Department of State explains that family-based immigration includes Immediate Relative visas based on close family relationships with U.S. citizens, such as spouse, child, or parent, and Family Preference visas for specific more distant family relationships with U.S. citizens and certain relationships with lawful permanent residents.

This distinction is very important because immediate relative categories are not numerically limited in the same way as family preference categories. The Department of State’s glossary explains that immigration for immediate relatives is unlimited, while family and employment preference categories are limited and distributed through visa numbers according to preference and priority date.

Immediate relative categories

Immediate relative immigrant visa categories may include spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens if the U.S. citizen petitioner is at least 21 years old. The Department of State’s immigrant visa symbols list includes IR-1 for a spouse of a U.S. citizen, IR-2 for a child of a U.S. citizen, and IR-5 for a parent of a U.S. citizen at least 21 years old.

Family preference categories

Family preference categories may include unmarried adult sons and daughters of U.S. citizens, spouses and children of lawful permanent residents, unmarried adult sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of adult U.S. citizens. USCIS lists family preference categories including F1, F2A, F2B, F3, and F4.

Family immigration is not only about filing a form. It requires proving the qualifying relationship, choosing the correct process, reviewing admissibility, checking prior immigration history, and understanding whether the person may apply inside the United States or must process through a U.S. consulate abroad.

Explore Family Immigration Options

Fiancé(e) Visas: K-1

The K-1 fiancé(e) visa is for a foreign fiancé(e) of a U.S. citizen who intends to come to the United States to marry the U.S. citizen petitioner. The Department of State’s visa category directory lists the K-1 category for a fiancé(e) coming to marry a U.S. citizen and live in the United States. K-1 is only for the fiancé(e) of a U.S. citizen, not the fiancé(e) of a lawful permanent resident.

A K-1 case must be handled carefully because it involves both the relationship and the future immigration process after marriage. It is not the same as a spouse immigrant visa. The couple must understand the timing, marriage requirement, adjustment of status process, and evidence needed.

K-1 vs. marriage-based immigrant visa

A K-1 is generally for a fiancé(e) of a U.S. citizen before the marriage takes place in the United States. A marriage-based immigrant visa is generally for a spouse after the marriage already exists.

Choosing between these paths depends on the couple’s situation, timing, location, immigration history, and goals.

The K-1 fiancé(e) visa is available only for the fiancé(e) of a U.S. citizen, not the fiancé(e) of a lawful permanent resident.

Marriage-Based Green Cards

A marriage-based immigration case may involve a U.S. citizen spouse or a lawful permanent resident spouse. The process may involve adjustment of status inside the United States or consular processing abroad.

The Department of State explains that if a lawful permanent resident filed for a spouse and later becomes a U.S. citizen, the petition may be upgraded from family second preference to immediate relative by sending proof of U.S. citizenship to the National Visa Center.

Marriage-based cases require evidence that the marriage is real and not entered into only for immigration benefits. Common evidence may include shared residence, financial documents, photographs, communications, children, insurance, taxes, travel records, and other proof of the couple’s life together.

Common marriage-based immigration questions

Is a marriage certificate enough?

No. A marriage certificate proves that a legal marriage exists, but immigration officers may also review whether the marriage is bona fide.

Can a spouse apply inside the United States?

Possibly. USCIS explains that adjustment of status is the process used to apply for lawful permanent resident status without leaving the United States. Eligibility depends on the person’s facts.

What if the spouse is outside the United States?

Consular processing may be used when a person is outside the United States or is not eligible to adjust status. USCIS explains that consular processing is a method of applying for a Green Card through the Department of State when outside the United States or when ineligible to adjust status.

Review Marriage Immigration Services

Employment-Based Immigrant Visas

Employment-based immigrant visas are for people seeking permanent residence based on employment, professional ability, investment, special immigrant categories, or other employment-related eligibility.

The Department of State states that approximately 140,000 employment-based immigrant visas are made available each fiscal year, and that employment-based immigrant visas are divided into five preference categories.

USCIS explains that U.S. immigration law provides a variety of ways to become a lawful permanent resident through employment in the United States.

Employment-based Green Card categories often include:

EB-1: Priority workers, which may include certain persons with extraordinary ability, outstanding professors and researchers, and certain multinational executives or managers.

EB-2: Professionals with advanced degrees or exceptional ability, including some cases involving a National Interest Waiver.

EB-3: Skilled workers, professionals, and other workers.

EB-4: Certain special immigrants. USCIS explains that a person may be eligible for EB-4 if they are a special immigrant.

EB-5: Immigrant investors.

Employment-based immigration can be highly valuable, but it is also technical. Some cases require employer sponsorship. Some require labor certification. Some may allow self-petitioning. Some depend on the Visa Bulletin. Some require extensive evidence of ability, job offer, business activity, or national interest.

Explore Employment-Based Services

PERM Labor Certification

PERM labor certification is commonly connected to certain employment-based Green Card cases. In many employer-sponsored cases, the employer must complete a labor certification process before filing an immigrant petition.

PERM is not itself a visa. It is part of the process for certain employment-based immigrant cases. Employers and workers should understand that PERM involves recruitment, prevailing wage issues, job requirements, timing, and documentation.

Because PERM errors can delay or damage a case, it is important for employers to plan carefully before beginning recruitment or making changes to the job description.

PERM is generally the employer’s process, not the employee’s filing. The Department of Labor states that filing applications is the responsibility of the employer, although the employee may benefit from understanding the process.

Review PERM Labor Certification Services

Humanitarian Immigration Options

Not every immigration option is based on tourism, family, study, work, or investment. Some immigration protections exist for people facing danger, abuse, trafficking, crime victimization, or other serious humanitarian circumstances.

USCIS has a humanitarian section covering topics such as refugees and asylum, Temporary Protected Status, humanitarian parole, victims of human trafficking and other crimes, VAWA protections, and other humanitarian programs.

Some humanitarian protections are visas or nonimmigrant statuses. Others are not technically visas, but they are often discussed by the public as immigration “options.” It is important to use the correct term because each benefit has different rules.

Asylum and Refugee Protection

USCIS identifies asylum under refugees and asylum humanitarian protections.

Asylum and refugee protection are for people who fear persecution based on specific protected grounds. Asylum is generally requested by people who are already in the United States or at a port of entry. Refugee processing generally occurs outside the United States.

Asylum is not the same as a tourist visa, work visa, or family visa. It is a protection-based immigration process. A person seeking asylum must be prepared to explain the facts, submit evidence, and meet legal requirements.

Asylum cases can be sensitive and complex. They may involve deadlines, prior entries, one-year filing issues, changed circumstances, family derivatives, work authorization questions, interview preparation, and immigration court proceedings.

Asylum deadlines, including the one-year filing deadline and possible exceptions, should be reviewed carefully.

Understand Political Asylum Options

Temporary Protected Status: TPS

Temporary Protected Status, commonly known as TPS, may be designated for nationals of certain countries when conditions temporarily prevent safe return, such as armed conflict, environmental disaster, or other extraordinary and temporary conditions.

USCIS confirms that the Secretary of Homeland Security may designate a foreign country for TPS due to conditions that temporarily prevent nationals from returning safely or when the country cannot handle return adequately.

TPS is not the same as a visa, and it is not automatically a Green Card. It may provide temporary protection and employment authorization for eligible nationals of designated countries, but each country designation has specific rules, dates, and requirements.

Because TPS changes by country and by government designation, people should always check current official information before applying, renewing, traveling, or making long-term plans.

Check TPS Options

Humanitarian Parole

Humanitarian parole may allow certain individuals to enter the United States temporarily for urgent humanitarian reasons or significant public benefit. It is not the same as a visa and does not automatically provide permanent residence.

USCIS has a humanitarian section covering refugees and asylum, TPS, humanitarian parole, victims of trafficking and crime, abused spouses/children/parents, and other protections.

Humanitarian parole cases require careful evidence. The applicant should be ready to explain the emergency or public benefit, why parole is needed, and what supporting documentation exists.

A parole grant is usually temporary and does not erase other immigration issues. People who receive parole should get legal guidance about what options may exist afterward.

Understand Humanitarian Parole Options

Martha L. Arias, Esq.
Immigration Law Attorney

Contact us today with your U.S. Visa related questions.

With a passion for immigration law and a commitment to client advocacy, Immigration Law Attorney Martha L. Arias provides the experienced legal representation for U.S. citizenship, employment and business visas, specialized on investor visas, green card petitions, deportation defense, and more. Schedule a consultation with the attorney today to discuss your immigration needs.

MIAMI OFFICE:
ARIAS VILLA, PLLC
Address: 9100 S Dadeland Blvd, #510
Miami, FL 33156
Phone: (305) 671-0018
Mobile: (305) 233-3110
Email: martha@ariasvilla.com

OFFICE HOURS:
Monday: 9 AM – 5:30 PM
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 5:30 PM
Friday: 9 AM – 3 PM
Saturday: Closed
Sunday: Closed

U Nonimmigrant Status for Victims of Certain Crimes

The U nonimmigrant status is for certain victims of qualifying criminal activity who meet legal requirements and who have been helpful, are being helpful, or are likely to be helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

USCIS identifies U nonimmigrant status under its page for victims of criminal activity.

U cases are sensitive. They may involve police reports, certifications, personal declarations, injury evidence, cooperation with law enforcement, and family derivative issues.

Is U status a Green Card?

U nonimmigrant status is not immediately a Green Card. However, some people with U status may later become eligible to apply for permanent residence if they meet the requirements.

T Nonimmigrant Status for Victims of Human Trafficking

The T nonimmigrant status is for certain victims of a severe form of trafficking in persons. USCIS explains that T nonimmigrant status is a temporary immigration benefit that enables certain victims of severe trafficking to remain in the United States for an initial period of up to four years, if they have complied with reasonable requests from law enforcement for assistance in detecting, investigating, or prosecuting trafficking, unless they qualify for an exemption or exception.

T cases are often deeply personal and should be handled with care. They may involve trauma, safety concerns, law enforcement issues, evidence of trafficking, and derivative family members.

VAWA Self-Petitions

The Violence Against Women Act, commonly known as VAWA, may allow certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to seek immigration benefits without the abuser’s knowledge, consent, or participation. USCIS explains that Congress created protections under VAWA for certain noncitizens who have been battered or subjected to extreme cruelty.

VAWA is not only for women. Despite the name, eligible men, women, and children may seek protection if they meet the requirements.

These cases should be handled confidentially and carefully. Evidence may include personal declarations, police reports, medical records, counseling records, photographs, affidavits, financial records, immigration documents, and other proof depending on the facts.

Special Immigrant Visas and Special Categories

Some immigration options exist for special groups. These may include certain religious workers, certain employees of international organizations, certain juveniles, certain Afghan or Iraqi nationals who worked with the U.S. government, and other categories created by law.

USCIS explains that many special immigrants apply for adjustment under the employment-based fourth preference, EB-4, immigrant category. Some special immigrant categories are subject to special rules, expiration dates, or program-specific limits, so current eligibility should be confirmed before filing.

Special immigrant cases are highly category-specific. A person should not assume eligibility simply because the category sounds similar to their background. Each special immigrant classification has its own requirements.

Diversity Visa Program

The Diversity Visa Program is another immigrant visa pathway administered through the Department of State. It is commonly called the visa lottery. It is available only to people from eligible countries who meet education or work experience requirements and are selected through the official process.

A person selected in the Diversity Visa Program still must be eligible for the visa and complete the required process. Selection does not guarantee approval.

Because fraud is common in this area, applicants should rely only on official government instructions and should be careful with any person or website asking for money in exchange for guaranteed selection.

Applicants should use only official Department of State instructions for the Diversity Visa Program.

Adjustment of Status vs. Consular Processing

Many immigration cases eventually raise an important question: Can the person apply inside the United States, or must the person process through a U.S. consulate abroad?

USCIS explains that if someone is eligible to apply for a Green Card, they must then determine which process to use: adjustment of status or consular processing.

Adjustment of Status is the process of applying for lawful permanent resident status from inside the United States. USCIS explains that adjustment of status allows a person to apply for a Green Card without leaving the country.

Consular processing is commonly used when a person is outside the United States or is not eligible to adjust status. USCIS explains that consular processing is the method immigrants use to get a Green Card when outside the United States or when ineligible to adjust status inside the United States.

This choice can affect timing, risk, travel, waivers, interviews, and legal strategy. It should be reviewed carefully before filing.

Visa Bulletin, Priority Dates, and Waiting Times

Some immigrant categories have yearly numerical limits. When a visa category is limited, a person may have to wait until a visa number is available.

The Department of State publishes the Visa Bulletin, which summarizes the availability of immigrant numbers and includes “Final Action Dates” and “Dates for Filing Applications.” The May 2026 Visa Bulletin explains that it summarizes immigrant number availability for that month and indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

USCIS explains that visa availability and priority dates are important for prospective immigrants, and that a priority date is generally the date the relative or employer properly filed the immigrant visa petition on behalf of the person.

The Visa Bulletin changes. That means people should not rely on old information, old articles, or advice from someone whose case happened years ago. The correct analysis depends on the current Visa Bulletin, the category, the country of chargeability, the priority date, and whether USCIS allows use of the Dates for Filing chart or Final Action Dates chart for adjustment of status that month. USCIS publishes a monthly adjustment of status filing chart page for this purpose.

Change of Status and Extension of Stay

Some people enter the United States in one nonimmigrant status and later want to change to another. Others want to extend their stay.

USCIS explains that a person may apply to change nonimmigrant status if they were lawfully admitted, their nonimmigrant status remains valid, they have not violated the conditions of status, and they are not otherwise barred from changing status.

USCIS also explains that extension of stay requests are generally filed on Form I-129 or Form I-539, depending on the classification and circumstances.

A change of status is not always the same as receiving a new visa stamp. This distinction matters for travel. A person who changes status inside the United States may still need to apply for the correct visa at a U.S. consulate before returning after international travel.

How to Choose the Right Visa Category

Choosing the right visa category requires more than matching a person to a list. It requires a full review of the person’s goals, facts, risks, and long-term plans.

A good visa analysis usually begins with these questions:

What is the purpose of coming to the United States?
Tourism, study, employment, investment, family reunification, protection, or permanent residence may each lead to different options.

Is the goal temporary or permanent?
A temporary visa is not the same as an immigrant visa. Misusing a temporary visa for a permanent purpose may create problems.

Is there a qualifying family member?
A U.S. citizen spouse, parent, adult child, or sibling may create different options than a lawful permanent resident family member.

Is there a U.S. employer?
Some work visas require a U.S. employer or petitioner. Some immigrant options may require labor certification or a job offer.

Is the person an investor or business owner?
E-2, E-1, L-1, and EB-5 may be relevant in different circumstances, but they are not interchangeable.

Is the person already in the United States?
Status, entry history, unlawful presence, prior removals, and eligibility to adjust status can change the strategy.

Has the person ever overstayed, worked without authorization, been denied a visa, or had contact with immigration court?

These facts can affect eligibility and may require waivers or a different legal approach.

Is protection needed?
Asylum, TPS, humanitarian parole, U, T, or VAWA may apply in certain humanitarian situations, but each has specific requirements.

Common Mistakes People Make With U.S. Visas

Many immigration problems begin with misunderstandings. Some of the most common mistakes include:

Using a visitor visa for the wrong purpose.
A visitor visa is not a work visa, student visa, or immigrant visa.

Assuming a visa guarantees entry.
A visa allows a person to request admission, but entry is still reviewed at the port of entry.

Overstaying without understanding the consequences.
Overstays can create serious problems, especially when leaving the United States or later applying for another benefit.

Working without authorization.
Unauthorized employment can affect future applications and should never be treated lightly.

Filing the wrong form or wrong category.
A wrong filing can waste time, money, and sometimes create avoidable risks.

Ignoring the Visa Bulletin.
For many family and employment categories, visa availability matters.

Confusing parole, TPS, asylum, and visas.
These are different protections with different legal effects.

Relying on someone else’s case.
Immigration cases are personal. Two people from the same country with similar goals may have very different legal options.

Why Legal Guidance Matters

Immigration law is not only about forms. It is about strategy, eligibility, timing, evidence, and risk.

A person may qualify for more than one option. Another person may appear to qualify but have a hidden issue that needs to be addressed first. A family may need to decide between consular processing and adjustment of status. An investor may need to decide whether E-2, L-1, or EB-5 fits the long-term goal. A student may need to protect status before changing plans. A person in danger may need humanitarian protection instead of a traditional visa.

The right immigration strategy should be based on the facts, not assumptions.

Frequently Asked Questions About U.S. Visa Types

What is the difference between a visa and a Green Card?

A visa generally allows a foreign national to request entry to the United States for a specific purpose. A Green Card gives lawful permanent resident status. Some visas are temporary, while immigrant visas are connected to permanent residence.

What is a nonimmigrant visa?

A nonimmigrant visa is generally for a temporary stay in the United States. Examples include visitor visas, student visas, exchange visitor visas, temporary worker visas, and certain humanitarian classifications.

What is an immigrant visa?

An immigrant visa is for a person seeking to live permanently in the United States as a lawful permanent resident. Common immigrant visa categories include family-based, employment-based, investor-based, and special immigrant categories.

Which visa is best for visiting family in the United States?

A B-2 visitor visa may be appropriate for temporary tourism or family visits, depending on the facts. However, a visitor visa should not be used to live permanently, work, or study full-time in the United States.

Which visa is best for working in the United States?

There is no single work visa for everyone. Possible categories may include H-1B, H-2A, H-2B, L-1, O-1, P, R-1, TN, E-1, E-2, or other classifications depending on the job, employer, nationality, qualifications, and purpose.

Can I work with a tourist visa?

No. A tourist visa does not generally authorize employment in the United States. Working without authorization can create serious immigration consequences.

Can I study with a tourist visa?

Generally, a person needs an F or M student visa to study in the United States. Recreational, non-credit study may be allowed as part of a tourist visit, but full academic or vocational study usually requires the correct student visa.

What visa do I need to start a business in the United States?

Possible options may include E-2, E-1, L-1, EB-5, or other categories depending on nationality, investment, business structure, ownership, source of funds, and long-term immigration goals.

Is E-2 the same as EB-5?

No. E-2 is a temporary treaty investor classification. EB-5 is an immigrant investor category that may lead to lawful permanent residence if the requirements are met.

Can a U.S. citizen petition for a spouse?

Yes. A U.S. citizen may petition for a qualifying spouse. The case may involve adjustment of status or consular processing depending on where the spouse is located and whether the spouse is eligible.

Can a lawful permanent resident petition for a spouse?

Yes. A lawful permanent resident may petition for a spouse, but the category and timing may differ from a petition filed by a U.S. citizen. If the petitioner later becomes a U.S. citizen, the case may be upgraded with proper proof.

What is the Visa Bulletin?

The Visa Bulletin is published by the U.S. Department of State and shows immigrant visa availability for numerically limited categories. It includes Final Action Dates and Dates for Filing Applications.

What is a priority date?

A priority date is generally the date when the family member or employer properly filed the immigrant visa petition. The priority date helps determine a person’s place in line for a numerically limited immigrant visa category.

What is adjustment of status?

Adjustment of Status is the process of applying for lawful permanent resident status from inside the United States, if the person is eligible.

What is consular processing?

Consular processing is the process of applying for an immigrant visa through the Department of State, usually when the person is outside the United States or cannot adjust status inside the United States.

Is TPS a visa?

No. Temporary Protected Status is not the same as a visa. It is a temporary protection for eligible nationals of designated countries, subject to specific rules and dates.

Is asylum a visa?

No. Asylum is a protection-based immigration process, not a traditional visa. It may eventually lead to permanent residence if the person qualifies and completes the required process.

What is a U visa?

The public often calls it a U visa, but USCIS refers to it as U nonimmigrant status. It is for certain victims of qualifying criminal activity who meet the legal requirements.

What is a T visa?

The public often calls it a T visa, but USCIS refers to it as T nonimmigrant status. It is for certain victims of a severe form of human trafficking who meet the legal requirements.

Can I change from one visa status to another inside the United States?

Sometimes. USCIS explains that a person may apply to change status if they were lawfully admitted, their current status remains valid, they have not violated status, and they are not otherwise barred.

Should I apply for a visa before speaking with an attorney?

It is often wise to get legal guidance before filing, especially if you have prior denials, overstays, unlawful presence, criminal history, immigration court history, prior removal orders, complicated family facts, or business/investment plans.

Disclaimer:
This article is provided for general informational and educational purposes only. It is not legal advice and should not be relied upon as legal advice for any individual case. Immigration laws, visa categories, eligibility requirements, government filing fees, processing times, visa availability, and agency policies may change at any time. Every immigration case depends on its own facts, including immigration history, family relationships, employment background, prior entries, prior applications, criminal history, admissibility issues, and other personal circumstances. Reading this article or contacting Arias Villa Law does not create an attorney-client relationship unless and until a formal agreement for legal representation is signed. For guidance about your specific situation, you should consult with a qualified immigration attorney.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

CALL NOW

BOOK AN APPOINTMENT

The post Types of U.S. Visas Explained: A Guide to Family, Work, Student, and Investor Visas appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Federal Appeals Courts Push Back on Expanded Mandatory Immigration Detention Without Bond Hearings

Martha Arias — Wed, 13 May 2026 16:55:55 +0000

Another Federal Appeals Court Rejects Expanded Mandatory Immigration Detention Without Bond Hearings

A new federal appeals court decision has added another important development to the national debate over immigration detention, bond hearings, and due process.

On May 11, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a published decision in Lopez-Campos, et al. v. Raycraft, et al. The court affirmed several district court decisions granting habeas petitions to detained noncitizens who argued that the government had unlawfully denied them access to bond hearings. The petitioners were detained under 8 U.S.C. § 1225(b)(2)(A), but they argued that their detention should instead be governed by 8 U.S.C. § 1226, which can allow release on bond or conditional parole while removal proceedings are pending.

This decision is especially important because the Sixth Circuit joined the Second Circuit and the Eleventh Circuit in rejecting the government’s broader interpretation of mandatory detention. It was the third federal appeals court decision rejecting the government’s position that certain noncitizens already living inside the United States may be held under § 1225(b)(2)(A) without access to an individualized bond hearing.

Why This Decision Matters

Immigration detention can have serious consequences for families. A person may be separated from children, spouses, work, medical care, and community support while their immigration case continues.

That is why the legal authority used to detain a person matters. Some detention laws are mandatory. Other detention laws allow a person to ask for bond. A bond hearing does not guarantee release, but it gives the person an opportunity to present evidence about family ties, community ties, work history, lack of danger, and likelihood of appearing at future hearings.

Under 8 U.S.C. § 1225(b)(2)(A), certain applicants for admission must be detained for removal proceedings if an examining immigration officer determines they are not clearly and beyond a doubt entitled to be admitted.

Under 8 U.S.C. § 1226(a), the government may arrest and detain a noncitizen pending a decision on removal, but that provision also permits release on bond or conditional parole, except where mandatory detention rules apply. The Sixth Circuit described § 1226 as the detention framework for many noncitizens already inside the United States while their removal proceedings are pending.

The key question in these cases is whether a person who entered without inspection and has already been living inside the United States can be treated as someone still “seeking admission” under § 1225(b)(2)(A), or whether that person falls under § 1226 and may request bond.

The Government’s Position Came From a 2025 BIA Decision

The government’s position was strengthened by a September 5, 2025 decision from the Board of Immigration Appeals (BIA), Matter of Yajure Hurtado. In that precedential decision, the BIA held that immigration judges lack authority to hear bond requests or grant bond to people who are present in the United States without admission.

The BIA reasoned that people present in the United States without admission are applicants for admission under § 1225(b)(2)(A) and must be detained for the duration of their removal proceedings.

That interpretation represented a major shift from what several federal courts described as a long-standing practice of allowing many people in this situation to seek bond under § 1226(a). The Eleventh Circuit noted that, for nearly thirty years, the answer had generally been that unadmitted noncitizens found inside the United States were eligible for bond while going through immigration proceedings, but that DHS took a different view in 2025.

What the Sixth Circuit Decided

In Lopez-Campos, the Sixth Circuit rejected the government’s argument.

The court explained that U.S. immigration law authorizes detention under different statutory frameworks. It noted that § 1225(b)(2)’s mandatory detention scheme applies to certain noncitizens who seek admission into the country, while § 1226 applies to other noncitizens pending a decision on removability, with exceptions.

The Sixth Circuit stated that hundreds of district courts and five other federal circuits had already addressed this statutory question. It then expressly joined the Second and Eleventh Circuits in holding that § 1225(b)(2)(A) does not apply to noncitizens like the petitioners in that case.

The petitioners in the Sixth Circuit case were people who had lived in the United States for years. Many were parents of U.S. citizen children. They were arrested by immigration authorities inside the United States and were denied bond because immigration judges concluded they lacked authority to grant bond under the BIA’s interpretation. The Sixth Circuit affirmed the district courts’ rulings in favor of the petitioners.

The Eleventh Circuit Decision Matters Deeply for Florida

For families in Florida, the Eleventh Circuit decision is especially important because the Eleventh Circuit covers Florida, Georgia, and Alabama.

On May 6, 2026, the Eleventh Circuit issued its decision in Hernandez Alvarez v. Warden, Federal Detention Center Miami. The court framed the issue clearly: whether unadmitted noncitizens found in the interior of the United States are eligible for bond while going through immigration proceedings.

The Eleventh Circuit rejected the government’s reinterpretation of § 1225(b)(2)(A). It held that the statute’s no-bond detention rule is limited to applicants for admission who are “seeking admission,” and that the petitioners in that case were not seeking lawful entry when they were detained after traffic stops.

This does not mean every detained person in Florida will be released. But it may be very important for certain people detained in Florida who were denied bond because the immigration court believed it had no authority to consider bond.

The Second Circuit Reached a Similar Result

The Second Circuit also rejected the government’s position in Barbosa da Cunha v. Freden. In that case, the court held that § 1225(b)(2)(A) did not apply to a noncitizen who was already present in the United States after entering without inspection and who was not apprehended while seeking admission. The court concluded that detention was governed by § 1226(a), not § 1225(b)(2)(A).

The Second Circuit also made an important clarification: its decision did not disturb mandatory detention for people apprehended while entering the country or shortly thereafter, and it did not disturb mandatory detention under § 1226(c) for certain criminal or terrorism-related grounds. Instead, the ruling concerned people already present inside the United States who may be eligible for bond under § 1226(a).

What This Decision Does Not Mean

This decision does not give anyone legal status. It does not cancel removal proceedings. It does not mean that every detained person must be released. It does not guarantee bond.

A bond hearing is an opportunity to ask for release while the immigration case continues. At that hearing, the person may need to show that they are not a danger to the community and that they are likely to appear for future immigration court hearings.

The Sixth Circuit also recognized that not all federal appeals courts agree on this issue. It noted that other circuits have addressed the same statutory question and reached different conclusions. Because of that disagreement, this area of law may continue to develop.

Why Families Should Pay Attention

If someone you love is detained by immigration authorities, the legal basis for detention should be reviewed carefully.

This decision may matter if the person has been living inside the United States, was detained by ICE or immigration authorities away from the border, was denied bond because the immigration judge said there was no authority to grant bond, or was treated as subject to mandatory detention under § 1225(b)(2)(A).

However, every case is different. Some people may still be subject to mandatory detention under other provisions, including certain criminal-related detention provisions. The Laken Riley Act also amended § 1226 in 2025 to add mandatory detention language for certain inadmissible noncitizens charged with, arrested for, convicted of, or admitting acts related to specified offenses.

For this reason, families should not assume that one court decision automatically applies to every detained person. The facts, location of detention, immigration history, criminal history, prior orders, pending relief, and federal circuit all matter.

26 Feb

Immigration News & Updates, Immigration Process Explained, Legal Resources & Guides

The Laken Riley Act: A Major Shift in U.S. Immigration Law

Posted by Martha Arias

March 13, 2025

The U.S. Congress has passed a significant new law—the Laken Riley Act—that brings major changes to immigration policies, particularly ...

Practical Steps for Families

If a loved one is detained, families should begin gathering documents immediately. Helpful documents may include:

proof of identity,
immigration court paperwork,
the Notice to Appear,
custody documents,
prior immigration decisions,
proof of residence,
marriage certificates,
children’s birth certificates,
medical records,
employment records,
tax records where available,
letters of support,
proof of community ties, and
evidence showing that the person is not a danger and is likely to attend future hearings.

These documents can be important in a bond request. They can also help an attorney determine whether habeas relief, a renewed bond request, or another legal step may be appropriate.

Final Thoughts

This decision is important because it reminds us that immigration detention is not only a matter of enforcement. It is also a matter of statutory limits, due process, and individualized review.

The Sixth Circuit did not say that immigration detention is unlawful in every case. It did not order a blanket release of detained immigrants. But it did reject the government’s attempt to apply § 1225(b)(2)(A) to certain noncitizens already living inside the United States in a way that would deny them access to bond hearings.

For families, this distinction can be very meaningful. A bond hearing may be the first opportunity to explain who the person is, how long they have lived here, whether they have family and community support, and why they should be allowed to continue their immigration case outside detention.

If you or a loved one is facing immigration detention or removal proceedings, it is important to speak with an immigration attorney as soon as possible.

For immigration guidance, you may contact my office at 305-671-0018.

Martha L. Arias, Esq.
Immigration Law Attorney

Contact us today with your immigration questions.

MIAMI OFFICE:
ARIAS VILLA, PLLC
Address: 9100 S Dadeland Blvd, #510
Miami, FL 33156
Phone: (305) 671-0018
Mobile: (305) 233-3110
Email: martha@ariasvilla.com

OFFICE HOURS:
Monday: 9 AM – 5:30 PM
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 5:30 PM
Friday: 9 AM – 3 PM
Saturday: Closed
Sunday: Closed

Martha L. Arias, Esq.
Immigration Law Attorney

Immigration Law Attorney with Decades of Experience

For professional and dedicated immigration law services in Miami, reach out to our immigration attorney Martha Arias and her team at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

Disclaimer: This article is for general information only and is not legal advice. Reading this article does not create an attorney-client relationship. Immigration law changes quickly, and the outcome of any case depends on the facts, the law, the court, the person’s immigration history, and the jurisdiction where the case is pending.

The post Federal Appeals Courts Push Back on Expanded Mandatory Immigration Detention Without Bond Hearings appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Voluntary Departure vs. Deportation

Martha Arias — Mon, 11 May 2026 17:53:32 +0000

Voluntary Departure vs. Deportation: What Immigrants Should Understand Before Making a Decision

This morning, I joined La Voz de la Mañana on VOZ by Univision TV to discuss a very important and sensitive immigration topic: the difference between voluntary departure and a formal deportation order.

Many immigrants are facing very difficult decisions today. Some people are detained while their asylum cases or immigration matters are still pending. Others are worried about the cost of defending their cases, the emotional pressure of detention, and the uncertainty of what may happen next. In those moments, a person may feel pressured to choose the fastest option available, but immigration decisions should never be made without understanding the long-term consequences.

FOLLOW ME ON SOCIAL MEDIA

What Is Voluntary Departure?

Voluntary departure is a legal option that may allow a person to leave the United States without having a formal removal order on their immigration record. According to the Executive Office for Immigration Review, voluntary departure may allow a person to leave in a way that can avoid some of the consequences of a removal order, although the person must still comply with the terms set by the immigration judge.

This does not mean voluntary departure is always the right answer. It must be reviewed carefully, because each person’s immigration history is different. A person may still have other grounds of inadmissibility, prior unlawful presence, prior entries, fraud or misrepresentation concerns, or other immigration issues that must be addressed before trying to return to the United States.

How Is Deportation Different?

A deportation or removal order may carry serious consequences. Depending on the type of removal and the person’s immigration history, a person may face a 5-year, 10-year, or 20-year inadmissibility period. In some cases, including certain aggravated felony situations or repeated immigration violations, the person may need special permission before seeking lawful return to the United States.

That is why I explained during the interview that it is important to understand the difference between leaving under voluntary departure and leaving after a formal deportation order. The words may sound similar to many families, but legally they are not the same.

Can Someone Return After Leaving the United States?

Sometimes, a person may be able to seek lawful return after leaving the United States, but the answer depends on the person’s specific record. Prior unlawful presence, a prior removal order, an expedited removal, fraud or misrepresentation concerns, criminal history, or other inadmissibility issues may change the legal options available.

If a person has a prior removal, unlawful presence, or another ground of inadmissibility, the case must be reviewed carefully. USCIS explains that unlawful presence can create bars to admission, and certain people may need a waiver before they can return lawfully.

For example, during the interview, a viewer asked about a husband who was deported in 2020 with a five-year bar. In a situation like that, the legal analysis must begin with the reason for the deportation. Was it an expedited removal at the border? Was there a prior court order? Was there unlawful presence? Is there a U.S. citizen spouse petition? Are there other inadmissibility issues?

These facts matter. A case cannot be answered safely with one general statement.

Pending Asylum, Work Permits, and Detention Concerns

Another viewer asked “…whether a person with a pending residence application and work permit could still have problems if stopped by immigration agents“.

My answer was that yes, it is possible. Today, many people with pending asylum cases or work authorization may still face detention depending on their immigration history, current status, and enforcement priorities. Having a pending application or work permit does not always protect someone from immigration enforcement.

This is why immigrants should keep copies of important documents, avoid unnecessary risks, and speak with an immigration attorney before making major decisions.

Pregnant Women in Detention

One of the most concerning questions came from a viewer whose pregnant wife was detained while her asylum case was pending.

Every case must be reviewed with care, especially when there are pregnancy-related, medical, or humanitarian concerns. Families should document the pregnancy, medical condition, detention circumstances, and any requests for release, parole, bond, or other available relief. Voluntary departure may be considered in some cases, but it should not be chosen without understanding whether legal defenses or humanitarian options may still exist.

Do Immigrants Need to Report a Change of Address?

Yes. This is very important.

USCIS states that most noncitizens in the United States must report a change of address within 10 days of moving, and USCIS provides Form AR-11 and online address change options for this purpose.

Many people are afraid to update their address, but failing to do so may create problems. Missing immigration notices can lead to serious consequences, including missed appointments, missed court notices, or decisions being made without the person’s knowledge.

Frequently Asked Questions

What is the difference between voluntary departure and deportation?

Voluntary departure may allow a person to leave the United States without a formal removal order. Deportation, or removal, creates a formal order and may carry serious future immigration penalties. The best option depends on the person’s immigration history, pending applications, and possible inadmissibility issues.

Can someone return to the United States after voluntary departure?

A person may be able to return after voluntary departure, but only if they qualify for a visa or immigration benefit and resolve any grounds of inadmissibility. Prior unlawful presence, fraud, criminal issues, or previous immigration violations may still affect the case.

Can someone return after being deported?

Some people may return after a deportation, but they may need to wait for a required period, obtain permission to reapply, or seek a waiver depending on the facts. A prior deportation must be carefully reviewed before applying for a new visa or immigration benefit.

Can a person with pending asylum still be detained?

Yes. A pending asylum case or work permit does not always prevent immigration detention. The risk depends on the person’s immigration history, manner of entry, prior orders, criminal history if any, and current enforcement practices.

Do immigrants have to file Form AR-11 after moving?

In most cases, yes. USCIS states that most noncitizens must report a change of address within 10 days of moving. This may be done online or by using Form AR-11. Failing to update an address may cause missed notices and legal problems.

Immigration law is not only about forms and deadlines. It is about people, families, fear, hope, and the future. When a person is detained, when a family is separated, or when someone is deciding whether to leave the United States, every detail matters.

Before accepting voluntary departure, before abandoning an asylum case, before trying to return after deportation, or before ignoring a change-of-address requirement, please seek guidance based on your own facts.

SPANISH TRANSCRIPT:

JORGE CANCINO:
Mientras aumentan los casos de inmigrantes que abandonan sus solicitudes de asilo para evitar permanecer detenidos durante meses, también crece la confusión sobre quiénes pueden salir voluntariamente sin una orden formal y qué consecuencias legales enfrentan después.

Para aclararlo, saludamos a la abogada de inmigración, Martha Arias Villa, quien nos visita en el estudio esta mañana de lunes. Abogada, muchas gracias por estar en La Voz de la Mañana.

ABOGADA MARTHA ARIAS:
Muchas gracias por invitarme. Buenos días a ustedes y a toda su audiencia.

JORGE CANCINO:
Este reporte habla de más de 80,000 salidas voluntarias de inmigrantes por miedo a permanecer detenidos durante meses o años. ¿Qué está pasando realmente en los centros de detención?

ABOGADA MARTHA ARIAS:
En los centros de detención está pasando lo que usted acaba de decir. Las personas están cansadas, no solamente de estar detenidas, sino también de cubrir los costos económicos de una defensa, y están optando por salir voluntariamente y pedirle esa salida al juez.

JORGE CANCINO:
Ahora, es importante aclararle a la audiencia cuál es la diferencia entre una orden de salida voluntaria otorgada por un juez y las personas que decidieron salir usando CBP Home, esta aplicación, u otros programas de autodeportación.

ABOGADA MARTHA ARIAS:
Muchas personas que usan CBP Home son personas que están aquí en los Estados Unidos ilegalmente, pero que nunca han tenido una corte de inmigración. Entonces, obviamente, simplemente usan CBP Home para poder salir.

La salida voluntaria se pide ante un juez de inmigración. Aunque nada dice que no la puedan usar, realmente una vez el juez le da la salida voluntaria, esa es la forma en que sale la persona. Esa es la diferencia.

JORGE CANCINO:
Ahora, para muchos inmigrantes aceptar una salida voluntaria parece menos grave que una deportación formal. Legalmente, ¿qué consecuencias tiene cada una y cómo afecta futuras visas o intentos de regresar a Estados Unidos?

ABOGADA MARTHA ARIAS:
La deportación acarrea una sanción de 5 o 10 años, o incluso hasta 20 años si la persona fue deportada por una felonía agravada.

Mientras que, con la salida voluntaria, la persona puede regresar, obviamente, siempre y cuando subsane cualquier inadmisibilidad que pueda tener en su récord. Es decir, cualquier razón por la que no pueda regresar a los Estados Unidos.

JORGE CANCINO:
Pasemos ahora a preguntas de nuestra audiencia, abogada. Junik nos dice: “Apliqué a mi residencia y permiso de trabajo hace ocho meses. En caso de que agentes de inmigración me paren, ¿tendré problemas?”

ABOGADA MARTHA ARIAS:
Pudiera. Pudiera tener problemas, porque muchas de estas personas que tienen asilo pendiente, por ejemplo, o permiso de trabajo, igual las están deteniendo. Mi mejor consejo es: tengan cuidado, porque hoy en día sí pueden ser detenidos.

JORGE CANCINO:
Javier nos comenta: “Mi esposa está detenida, está embarazada, con asilo pendiente, y se niegan a dejarla en libertad. ¿Qué me recomienda hacer?”

ABOGADA MARTHA ARIAS:
Bueno, ahí analice bien la situación. Si la persona está pasando mucho estrés, que pida tal vez una salida voluntaria, o mire las posibilidades, porque en este momento, aunque había sido prohibido detener a una mujer embarazada de acuerdo con un memorándum que había emitido el presidente Biden en el 2021, esta administración está deteniendo personas, mujeres embarazadas, sin importar su condición médica.

JORGE CANCINO:
Ana tiene la siguiente interrogante: “Mi esposo fue deportado en 2020 con un castigo de cinco años. ¿Qué debe hacer para conseguir una visa y regresar a Estados Unidos? ¿Le perdonarán la falta o lo castigarán de por vida?”

ABOGADA MARTHA ARIAS:
Bueno, ahí tenemos que analizar bien cuál es la razón por la que la persona fue deportada. Si ella habla de cinco años, puede ser simplemente una deportación, un expedited removal, que usualmente le dan en la frontera.

Eso puede ser subsanado dependiendo del caso, si hay una petición de esposa ciudadana americana y dependiendo de qué otras inadmisibilidades pueda tener la persona. Entonces, ese caso sí tiene que analizarse con sus propios hechos.

JORGE CANCINO:
Y finalizamos con Roberto. Dice: “Cambié de domicilio, pero no he registrado mi nueva dirección por miedo. ¿Tendré problemas?”

ABOGADA MARTHA ARIAS:
Pues podemos decir que hoy en día todas las personas pueden tener problemas, y es mejor que la registre, porque esta administración sí está haciendo cumplir una ley migratoria que dice que la persona está obligada a cambiar la dirección o incurre en una falta administrativa civil y tiene multas también.

JORGE CANCINO:
El formulario es AR-11, que además tiene un plazo establecido para cambiar la dirección.

ABOGADA MARTHA ARIAS:
Correcto, y lo pueden hacer también electrónicamente.

JORGE CANCINO:
Así es. Le agradecemos a la abogada Martha Arias Villa por habernos acompañado en La Voz de la Mañana.

ENGLISH TRANSLATION:

JORGE CANCINO:
As the cases of immigrants who abandon their asylum applications to avoid remaining detained for months increase, confusion also grows about who can leave voluntarily without a formal order and what legal consequences they face afterward.

To clarify this, we greet immigration attorney Martha Arias Villa, who visits us in the studio this Monday morning. Attorney, thank you very much for being on La Voz de la Mañana.

ATTORNEY MARTHA ARIAS:
Thank you very much for inviting me. Good morning to you and to your entire audience.

JORGE CANCINO:
This report speaks about more than 80,000 voluntary departures of immigrants out of fear of remaining detained for months or years. What is really happening in detention centers?

ATTORNEY MARTHA ARIAS:
In detention centers, what is happening is what you just said. People are tired, not only of being detained, but also of covering the economic costs of a defense, and they are choosing to leave voluntarily and ask the judge for that departure.

JORGE CANCINO:
Now, it is important to clarify for the audience what the difference is between a voluntary departure order granted by a judge and the people who decided to leave using CBP Home, this application, or other self-deportation programs.

ATTORNEY MARTHA ARIAS:
Many people who use CBP Home are people who are here in the United States illegally, but who have never had an immigration court. So, obviously, they simply use CBP Home to be able to leave.

Voluntary departure is requested before an immigration judge. Although nothing says that they cannot use it, really once the judge gives voluntary departure, that is the way in which the person leaves. That is the difference.

JORGE CANCINO:
Now, for many immigrants, accepting voluntary departure seems less serious than a formal deportation. Legally, what consequences does each one have, and how does it affect future visas or attempts to return to the United States?

ATTORNEY MARTHA ARIAS:
Deportation carries a penalty of 5 or 10 years, or even up to 20 years if the person was deported for an aggravated felony.

Whereas, with voluntary departure, the person can return, obviously, as long as they cure any inadmissibility that they may have in their record. That is, any reason why they cannot return to the United States.

JORGE CANCINO:
Let us now move to questions from our audience, attorney. Junik tells us: “I applied for my residence and work permit eight months ago. In case immigration agents stop me, will I have problems?”

ATTORNEY MARTHA ARIAS:
They could. They could have problems, because many of these people who have pending asylum, for example, or a work permit, are still being detained. My best advice is: be careful, because today they can indeed be detained.

JORGE CANCINO:
Javier comments to us: “My wife is detained, she is pregnant, with pending asylum, and they refuse to release her. What do you recommend that I do?”

ATTORNEY MARTHA ARIAS:
Well, there, analyze the situation well. If the person is going through a lot of stress, maybe she should ask for voluntary departure, or look at the possibilities, because at this moment, although detaining a pregnant woman had been prohibited according to a memorandum that President Biden had issued in 2021, this administration is detaining people, pregnant women, regardless of their medical condition.

JORGE CANCINO:
Ana has the following question: “My husband was deported in 2020 with a five-year punishment. What should he do to obtain a visa and return to the United States? Will they forgive the fault, or will they punish him for life?”

ATTORNEY MARTHA ARIAS:
Well, there we have to analyze well what the reason is for which the person was deported. If she speaks of five years, it may simply be a deportation, an expedited removal, which they usually give at the border.

That can be cured depending on the case, if there is a petition from an American citizen wife and depending on what other inadmissibilities the person may have. So, that case does have to be analyzed with its own facts.

JORGE CANCINO:
And we finish with Roberto. He says: “I changed my address, but I have not registered my new address out of fear. Will I have problems?”

ATTORNEY MARTHA ARIAS:
Well, we can say that today all people can have problems, and it is better that he register it, because this administration is indeed enforcing an immigration law that says that the person is obligated to change the address or incurs a civil administrative fault and has fines as well.

JORGE CANCINO:
The form is AR-11, which also has an established deadline to change the address.

ATTORNEY MARTHA ARIAS:
Correct, and they can also do it electronically.

JORGE CANCINO:
That is right. We thank immigration attorney Martha Arias Villa for having accompanied us on La Voz de la Mañana.

DISCLAIMER:
Immigration law changes frequently, and enforcement practices may change depending on federal policy, court decisions, and the facts of each case. This article is general information only and is not legal advice. If you are detained, have a pending case, received a removal order, or are considering voluntary departure, speak with an immigration attorney before making a decision.

Martha L. Arias, Esq.
Immigration Law Attorney

Contact us today with your immigration questions.

MIAMI OFFICE:
ARIAS VILLA, PLLC
Address: 9100 S Dadeland Blvd, #510
Miami, FL 33156
Phone: (305) 671-0018
Mobile: (305) 233-3110
Email: martha@ariasvilla.com

OFFICE HOURS:
Monday: 9 AM – 5:30 PM
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 5:30 PM
Friday: 9 AM – 3 PM
Saturday: Closed
Sunday: Closed

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney in Miami

For professional and dedicated immigration legal services in Miami, reach out to our immigration attorney Martha Arias and her team at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

The post Voluntary Departure vs. Deportation appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

USCIS Biometrics Policy for Detained Immigrants

Martha Arias — Tue, 05 May 2026 16:57:21 +0000

When a person applies for an immigration benefit, biometrics are often not a minor step. Fingerprints, photographs, and signatures can be required before USCIS can continue reviewing many types of applications. For people who are not detained, this usually means attending a scheduled appointment at a USCIS Application Support Center. For people who are detained, however, that simple step can become much more complicated.

USCIS recently updated its Policy Manual guidance on biometrics for detained individuals. According to USCIS, the update clarifies that DHS generally will not collect biometrics from detained individuals unless they are in removal proceedings and have an application or petition pending before the Executive Office for Immigration Review, also known as EOIR. USCIS also states that it does not approve requests to reschedule a biometrics appointment because of detention or incarceration.

This policy has now become the subject of a federal lawsuit filed in the U.S. District Court for the District of Columbia. The lawsuit, J.Z. et al. v. U.S. Department of Homeland Security et al., challenges the policy on behalf of detained noncitizens who say they have pending immigration applications before USCIS but cannot complete biometrics because they are in custody.

Why Biometrics Matter in Immigration Cases

Biometrics are commonly used by USCIS for identity verification, background checks, and security screening. In many immigration applications, biometrics are a required step before the case can move forward.

The lawsuit explains the problem this way: USCIS may require biometrics to adjudicate an application, but under the updated policy, detained applicants may not be given a practical way to complete that requirement. The complaint alleges that this can cause applications to be denied without a review of the merits.

This matters because some immigration benefits are not decided by an immigration judge. Certain applications must be handled by USCIS, even when the person is also in removal proceedings. The complaint identifies examples such as Special Immigrant Juvenile Status, T visas, U visas, certain adjustment of status applications, and certain family-based or humanitarian protections.

What USCIS Says the Policy Does

The USCIS policy update states that the agency is clarifying how biometrics are handled for detained individuals. The update removes older guidance and states that USCIS generally will not approve requests to collect biometrics from individuals detained or incarcerated in DHS or non-DHS facilities when they have only a pending USCIS application or petition.

USCIS has also stated that if an applicant does not appear for a required biometrics appointment, the benefit request may be treated as abandoned and denied, unless USCIS receives and accepts a proper reason to excuse the failure to appear. The current USCIS Policy Manual language, as quoted in the federal complaint, says USCIS does not approve rescheduling requests based on detention or incarceration.

What the Lawsuit Alleges

The lawsuit argues that the policy creates a difficult and unfair situation for detained immigrants: they may be required to submit biometrics, but the government may not collect those biometrics or transport them to complete the appointment. Democracy Forward’s press release states that the plaintiffs are challenging a policy they say can force automatic denial of applications because detained applicants cannot complete the biometrics step.

The complaint alleges that the policy violates federal immigration law, the Administrative Procedure Act, and the Fifth Amendment’s due process guarantee. The plaintiffs are asking the court to block enforcement of the policy, vacate it, and restore access to the application process while the case continues.

It is important to say this carefully: these are allegations in an active lawsuit. A court will decide the legal issues. But for families with loved ones in detention, the concern is immediate and practical.

Who May Be Affected?

This issue may affect detained individuals who have pending or future applications before USCIS and who need biometrics to move forward. The lawsuit describes detained plaintiffs seeking different forms of immigration relief, including SIJS, T visas, U visas, adjustment of status, and derivative asylum-related benefits.

Families should be especially careful if a detained loved one has received a biometrics appointment notice, missed a biometrics appointment, filed an application that requires fingerprints, or received a denial for abandonment after being unable to attend biometrics.

Practical Steps Families Should Consider

If your loved one is detained and has a pending USCIS application, do not assume the case will continue normally. Review every USCIS notice carefully, especially biometrics appointment notices, Requests for Evidence, denial notices, and any document mentioning abandonment.

It may also be important to preserve proof that the applicant was detained at the time of the biometrics appointment. This may include detention records, notices from ICE, correspondence with the detention facility, attorney letters, transportation requests, or any written communication showing that the person could not attend because they were in custody.

In some cases, legal counsel may consider whether to file a rescheduling request, a motion to reopen, a response to USCIS, or take another action depending on the facts. The correct step depends on the type of application, the procedural posture, whether the person is in removal proceedings, and whether USCIS or EOIR has jurisdiction over the relief being requested.

Why Legal Guidance Is Important

Immigration cases involving detention, USCIS applications, biometrics, and removal proceedings can become very complex very quickly. A missed biometrics appointment may seem like an administrative issue, but it can affect the future of the entire case.

For detained applicants, timing is very important. A family may be dealing with ICE custody, immigration court deadlines, USCIS notices, and possible removal risk at the same time. That is why it is important to speak with an immigration attorney who can review the full case history and identify what options may still be available.

If you or someone in your family is facing this situation, you may contact my office at (305) 671-0018 to schedule a consultation.

A missed biometrics appointment may seem administrative, but it can affect the future of the entire immigration case.

Book an Appointment

Frequently Asked Questions

What are biometrics in an immigration case?

Biometrics usually include fingerprints, photographs, and signatures. USCIS uses biometrics to verify identity and conduct background and security checks. In many immigration applications, biometrics are required before USCIS can complete the review of the case.

What changed in the USCIS biometrics policy for detained individuals?

USCIS updated its policy to clarify that DHS generally will not collect biometrics from detained individuals unless they are in removal proceedings and have an application or petition pending before EOIR. USCIS also states that detention or incarceration is not a basis it approves for rescheduling biometrics.

Can a detained immigrant’s USCIS application be denied for missing biometrics?

Yes, it may be denied as abandoned if USCIS requires biometrics and the applicant does not appear, unless USCIS accepts a valid reason under its rules. The lawsuit challenges how this rule affects detained applicants who cannot attend because they are in custody.

What does the lawsuit challenge?

The lawsuit challenges the DHS and USCIS policy that allegedly prevents detained immigrants from completing biometrics for USCIS applications. The plaintiffs argue that the policy can cause denials without a merits review and violates federal law, the Administrative Procedure Act, and due process.

Does this lawsuit mean the policy has already been stopped?

Not based on the article reviewed. The plaintiffs are asking the federal court to block enforcement and vacate the policy, but a lawsuit filing is not the same as a final court decision. Families should continue to treat USCIS notices and deadlines seriously while the case proceeds.

What should a family do if a detained loved one receives a biometrics appointment?

The family should act quickly. Keep copies of the appointment notice, detention proof, and any communication with ICE, the detention facility, USCIS, or an attorney. Because options depend on the exact case type and deadline, legal review is strongly recommended.

Does this affect people who are not detained?

This particular policy update focuses on detained or incarcerated individuals. People who are not detained should continue attending biometrics appointments as scheduled unless USCIS properly reschedules the appointment or gives different written instructions.

Can an immigration judge fix a missed USCIS biometrics issue?

Not always. Some immigration benefits are within USCIS’s exclusive or initial jurisdiction, meaning an immigration judge may not have authority to decide that application. This is one of the central concerns raised in the lawsuit.

Disclaimer:

This article is for general informational purposes only and does not provide legal advice. Immigration law changes frequently, and every case depends on its own facts, deadlines, immigration history, and procedural posture. Reading this article does not create an attorney-client relationship. For advice about a specific case, please consult with a qualified immigration attorney.

Martha L. Arias, Esq.
Immigration Law Attorney

Contact us today with your immigration questions.

With a passion for immigration law and a commitment to client advocacy, Attorney Martha Arias provides the experienced legal representation for U.S. citizenship, employment and business visas, specialized on investor visas, green card petitions, deportation defense, and more. Schedule a consultation with the attorney today to discuss your immigration needs.

MIAMI OFFICE:
ARIAS VILLA, PLLC
Address: 9100 S Dadeland Blvd, #510
Miami, FL 33156
Phone: (305) 671-0018
Mobile: (305) 233-3110
Email: martha@ariasvilla.com

OFFICE HOURS:
Monday: 9 AM – 5:30 PM
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 5:30 PM
Friday: 9 AM – 3 PM
Saturday: Closed
Sunday: Closed

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

For professional and dedicated immigration legal services in your area, reach out to our immigration attorney Martha L. Arias and her team at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

The post USCIS Biometrics Policy for Detained Immigrants appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

House Votes to Extend Haiti TPS

Martha Arias — Fri, 17 Apr 2026 16:12:21 +0000

For many Haitian families in the United States, Temporary Protected Status is not an abstract policy debate. It is the legal protection that allows people to work, support their children, pay taxes, and remain in the communities they have helped build for years.

This week, the House of Representatives passed a bill to extend TPS for Haiti through 2029. The vote is important, and it reflects growing concern across party lines about the consequences of ending protection for Haitians while Haiti continues to face profound instability.

That is meaningful news. But it is also important to understand what this vote does, and what it does not do.

At this moment, House passage does not mean the issue is over. The bill still has to move through the Senate, and its future there remains uncertain. The current legal situation is also still being fought in court. USCIS has stated that Haiti’s TPS termination was halted by a federal court order issued on February 2, 2026, and the Supreme Court has already agreed to hear the related case, with argument set for April 29, 2026.

That means Haitian TPS holders should be careful not to assume that one House vote alone settles their immigration future. It does not. What it does show is that there is real political resistance to ending these protections, and that matters.

TPS exists because Congress created a system that allows certain nationals of designated countries to remain temporarily in the United States when conditions in their home country make safe return difficult or impossible. Haiti has remained at the center of this discussion for years because of overlapping humanitarian, political, economic, and security crises. In July 2024, DHS extended and redesignated Haiti for TPS through February 3, 2026. Later, DHS actions and court challenges changed the legal landscape again, which is part of why the matter is now before the courts and Congress at the same time.

From a legal and practical point of view, this moment should remind Haitian nationals and their families of something very important: immigration protection can become unstable very quickly when it depends on changing agency decisions, litigation, and political negotiation. If you currently hold TPS, or if your family depends on someone who does, this is the time to review your full immigration picture carefully. Some people may have other options worth evaluating, while others should focus on maintaining current eligibility and following every update closely.

I also think it is important to say this plainly: many Haitian TPS holders have been living and working in the United States lawfully for years. They are part of the workforce, part of local neighborhoods, and part of the fabric of this country. When Washington debates TPS, it is debating the lives of real people with real responsibilities and real ties here. That human reality should never be ignored. Lawmakers and employers raised concerns not only about humanitarian risk, but also about the effect on caregiving and healthcare systems if protections are stripped away.

For now, the most responsible takeaway is this: the House vote is an important development, but it is not the final answer. Haitian TPS holders should not panic, but they also should not become complacent. Watch the Senate. Watch the courts. Watch USCIS updates. And if you may have another immigration avenue, this is the right time to discuss it with qualified counsel.

If you or your family are affected by Haiti TPS and you want to understand your options, it is wise to get individualized legal guidance before making decisions based on headlines alone.

FREQUENTLY ASKED QUESTIONS

Q: Did the House really pass a bill to extend Haiti TPS?
A: Yes. The House passed legislation on April 16, 2026, by a 224-204 vote.

Q: What was the most recent official TPS period for Haiti before the later legal fight?
A: DHS extended and redesignated Haiti for TPS for 18 months beginning August 4, 2024, through February 3, 2026.

Q: Did the government later try to cut that period short?
A: Yes. In February 2025, DHS partially vacated the 2024 decision and said the protection would remain in effect until August 3, 2025, and later DHS published a termination notice in July 2025. Those actions became part of the litigation that followed.

Q: Should Haitian TPS holders assume they are safe because the House voted?
A: No. This is an encouraging development, but it is not final. People should continue monitoring official USCIS guidance and court developments.

Q: Can a person with TPS have other immigration options?
A: Sometimes, yes. TPS is a temporary protection, but some individuals may also have family-based, humanitarian, employment-based, or other forms of relief worth reviewing. That depends on each person’s history.

Q: Should someone with Haiti TPS do anything right now?
A: They should stay informed, keep their records organized, follow official USCIS updates, and review their individual case with counsel if they may qualify for another form of relief.

Q: Where should people look for reliable updates?
A: USCIS, DHS, the Federal Register, and official court dockets are the most reliable places for updates. News reports can be helpful, but they should not be the only source used to make decisions.

Disclaimer: This article is for general informational purposes only and does not create an attorney-client relationship. Immigration outcomes depend on the facts of each case. Do not rely on general news reports or blog posts as a substitute for legal advice about your specific situation.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

CALL NOW

BOOK AN APPOINTMENT

The post House Votes to Extend Haiti TPS appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Martha Arias Immigration Attorney | Immigration Updates

Federal Judge Vacates $100,000 H-1B Visa Fee

Martha L. Arias, Esq.

Business & Employment Immigration Attorney

Rhode Island Ruling: Hope for Delayed Immigration Cases

What the Rhode Island Court Ruling May Mean for Delayed Immigration Cases

Martha L. Arias, Esq.

Dedicated Immigration Law Attorney

New Work Permit Proposal, Asylum Office Expansion, and Visa Processing Updates

Latest U.S. Immigration Law News and Updates

DHS Proposes Stricter Work Permit Rules for Some Parolees, Deferred Action Cases, and Certain People With Final Removal Orders

USCIS Opened a New Asylum Office in San Antonio

The June 2026 Visa Bulletin Remains Important for Adjustment and Consular Cases

RELATED POSTS

If a recent immigration change may affect your case, contact my office to review your options.

USCIS Continues to Emphasize Screening and Vetting

CONTACT US TODAY

Tips

1) Do not treat a proposed rule as if it were already final.

2) Check the Visa Bulletin every month if your case depends on category movement.

3) Use official NVC timeframes instead of guesswork.

4) Be careful with “work permit” headlines.

Frequently Asked Questions

What is the biggest official immigration update from the past week?

Is the new DHS work-permit rule already in effect?

What did USCIS announce about asylum this week?

Why is the June Visa Bulletin still important?

Where can I check National Visa Center processing times?

Does stricter screening and vetting still affect immigration cases in 2026?

Experienced Immigration Law Attorney

Do I Have to Leave the U.S. for My Green Card?

Can You Still Get a Green Card Without Leaving the U.S.?

USCIS Memo Raises Questions for Green Card Applicants Inside the United States

What Is Adjustment of Status?

Why the May 2026 Memorandum Matters

Does the Memorandum Change the Law?

Martha L. Arias, Esq. Immigration Law Attorney (305) 671-0017

Contact us today with your immigration questions.

What Does “Discretion” Mean in Adjustment of Status?

What Does “Extraordinary Circumstances” Mean?

Adjustment of Status vs. Consular Processing

Should People Leave the United States Now?

What About People Who Entered With Tourist Visas, Student Visas, or Temporary Worker Visas?

A Note About Dual-Intent Visas

What About Cases Already Pending?

What Documents May Help Support a Discretionary Adjustment Case?

A Human Reality Behind the Law

FREQUENTLY ASKED QUESTIONS

Is adjustment of status still available?

Does being eligible mean my green card will be approved?

Will every applicant now have to leave the United States?

What is consular processing?

Is consular processing safe for everyone?

What does “extraordinary circumstances” mean?

Does this affect spouses of U.S. citizens?

Does this affect people who entered with tourist visas?

Does this affect students?

Does this affect H-1B or L-1 workers?

What if my Form I-485 is already pending?

Should I withdraw my adjustment of status application?

Can I still file for adjustment of status after this memorandum?

What if I have a criminal record?

What if I overstayed my visa?

What if I cannot safely return to my country?

What should I do now if I am worried?

Practical Steps for Families Now

Final Thoughts

Experienced Immigration Law Attorney

Spanish Transcript

DHS Proposes Major Fee Increase

DHS Proposes 387% Fee Increase for Form I-246 Stay of Deportation or Removal Requests

What Immigrants With Final Removal Orders Should Know

What Is Form I-246?

Why This Proposed Fee Increase Matters

Who May Be Affected by the Form I-246 Fee Increase?

Why Legal Review Is Important Before Filing Form I-246

Martha L. Arias, Esq. Immigration Law Attorney (305) 671-0018

Contact us today with your immigration questions.

MIAMI OFFICE: ARIAS VILLA, PLLC 9100 S Dadeland Blvd, #510, Miami, FL 33156 (305) 671-0018 (305) 233-3110 martha@ariasvilla.com

OFFICE HOURS: Monday: 9 AM – 5:30 PM Tuesday: 9 AM – 6 PM Wednesday: 9 AM – 6 PM Thursday: 9 AM – 5:30 PM Friday: 9 AM – 3 PM Saturday & Sunday: Closed

Martha L. Arias, Esq.
Immigration Law Attorney
(305) 671-0017

Martha L. Arias, Esq.
Immigration Law Attorney
(305) 671-0018

MIAMI OFFICE:
ARIAS VILLA, PLLC
9100 S Dadeland Blvd, #510, Miami, FL 33156
(305) 671-0018
(305) 233-3110
martha@ariasvilla.com

OFFICE HOURS:
Monday: 9 AM – 5:30 PM
Tuesday: 9 AM – 6 PM
Wednesday: 9 AM – 6 PM
Thursday: 9 AM – 5:30 PM
Friday: 9 AM – 3 PM
Saturday & Sunday: Closed