This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
U.S. Citizenship and Immigration Services (USCIS) has released memoranda on “hold and release” policies and procedures for all pending asylum applications, USCIS benefit applications filed by individuals from “high-risk” countries and Diversity Visa adjustment-of-status applications. The memoranda include:
- Hold and Release of All Pending Asylum Applications and All USCIS Benefit Applications Filed by Aliens From High-Risk Countries (PM-602-0194). This guidance outlines the adjudicative hold, procedural requirements, and processes for the re-review, interview, or re-interview of affected individuals. The memo specifies which cases are subject to the adjudicative hold, identifies exemptions, and outlines the factors to consider when assessing benefit eligibility during the re-review, interview, or re-interview of affected individuals. USCIS personnel are instructed to prioritize national security and public safety concerns and ensure compliance with applicable laws and regulations during the adjudication process.
- Hold and Release of Pending USCIS Adjustment of Status Applications Filed by Aliens Under the Diversity Immigrant Visa Program. This directive mandates that all persons with pending adjustment of status, ancillary benefits and waiver applications meeting certain criteria undergo a thorough review process, including an interview for the Application to Register Permanent Residence or Adjust Status (Form I-485) and, if necessary, a re-interview, to fully assess all national security, criminal, and related grounds of inadmissibility and deportation.
