Soon Wei PLLC

05/22/2026

🚨 MASSIVE SHIFT: The End of Green Cards From Within the U.S.?

A tectonic shift hit the U.S. immigration system today. On Friday, May 22, 2026, the Trump administration and U.S. Citizenship and Immigration Services (USCIS) issued a sweeping policy memo that fundamentally rewrites the rules for how people get green cards.

For decades, if you were physically in the U.S. on a legal temporary visa (like a student, tourist, or work visa) and became eligible for permanent residency—often by marrying a U.S. citizen—you could file your paperwork and cross the finish line without ever leaving the country [1.1.3]. This process is called

Under the new policy, USCIS will treat adjustment of status inside the country as an "extraordinary form of administrative grace" rather than a standard procedure. Moving forward, the vast majority of applicants will be forced to leave the United States and complete their green card interviews at an overseas American consulate.

👥 Who Will This Affect the Most?

While this completely upends the legal immigration system across the board, the policy lands with crushing weight on specific groups:

1. Mixed-Status Families & Immediate Relatives of U.S. Citizens

Historically, marrying a U.S. citizen protected individuals who had overstayed a temporary visa, allowing them to adjust status safely from inside the country.
The New Reality: Under this memo, immediate family ties are no longer an automatic ticket to domestic processing.

The Catch-22: If a family member overstayed their visa and is now forced to leave the U.S. for consular processing, stepping across the border can trigger automatic statutory 3-year or 10-year reentry bans. Families are now forced to choose between indefinite separation or living in legal limbo.

2. Applicants from "Visa-Frozen" Countries

In January 2026, the Department of State suspended immigrant visa processing at U.S. consulates in 75 countries.
If an applicant is from one of these 75 nations, they cannot adjust status inside the U.S., but they also cannot process a visa in their home country. They are effectively trapped in a total procedural gridlock.

3. Legal Visa Holders (Students, Tourists, and Temporary Workers)

Even if you have never violated your status—such as an F-1 student or a B-1/B-2 tourist who complies with every rule—you can no longer easily transition to a green card from inside the U.S. if sponsored by a family member. You must pack up, disrupt your life, and wait out a months- or years-long consular process abroad.

The Key Takeaway: By shifting the definition of domestic processing from an accessible administrative path to an elusive privilege, the administration is using agency discretion to fundamentally alter who gets to stay in America while their paperwork clears.

05/14/2026

🚨 URGENT UPDATE: New USCIS Fees and Processing Changes (May 2026)**
Significant changes have hit the U.S. immigration system this month. From new mandatory fees to enhanced security protocols, it is critical to stay informed to avoid case rejections. Here is what you need to know:
1. New Asylum Fees & Deadlines 💸**
Under the H.R. 1 implementation, several new fees are now in effect. **Crucially, missing a payment can now lead to an immediate application rejection.**
* **Annual Asylum Fee (AAF):** If your asylum application has been pending for more than one year, you are now required to pay a **$102 annual fee**.
* **30-Day Warning:** Starting **May 29, 2026**, if you receive a fee notification and do not pay within 30 days, USCIS will reject your pending application.
* **Court Filing Fee:** There is now a **$100 fee** to file an initial asylum application in immigration court.
* **Work Permits (EAD):** Fees for asylum seekers have increased. An initial work permit is now **$560**, while renewals are **$745 (online)** or **$795 (mail)**.
2. The "Asylum Program Fee" for Employers 🏢**
If you are a business owner filing for employees (Forms I-129 or I-140), you are now responsible for a fee to fund the asylum system:
* **Standard Employers:** $600
* **Small Employers (25 or fewer staff):** $300
* **Nonprofits:** $0
3. Adjudication "Holds" & Security Vetting ⏳
As of April 27, USCIS has implemented a new vetting protocol with the FBI.
The Delay: Most pending cases where fingerprints were taken before late April are currently on "hold" while data is resubmitted. This affects Green Cards, Citizenship, and Work Permits.
Medical Exception: Holds were recently lifted for physicians to ensure no disruption to healthcare staffing.
4. End of Remote Interview Participation 👔
Effective May 18, attorneys are no longer permitted to join USCIS interviews via phone or video. Your legal representative must be physically present with you at the field office.
5. Enforcement & H-2B Caps 🛑
Fraud Crackdown: USCIS and the DOJ have ramped up denaturalization filings and fraud investigations. Accuracy in your historical records is more important than ever.

Use this form to verify fee information for immigration forms.

12/13/2025

Headline: 🚨 USCIS RULES CHANGED (DEC 12) 🚨

Applying for immigration benefits? The photo rules just got stricter.

1. The 3-Year Limit USCIS will now only reuse your old biometric photo if it was taken less than 3 years ago. (The old limit was 10 years).

2. You MUST get a new photo for these forms: Regardless of how new your last photo is, you need a fresh one for: 👉 Green Card related applications (I-485 & I-90) 👉 Citizenship Applications (N-400 & N-600)

3. No Self-Submissions Mailed-in photos are out. Secure documents require a photo taken by USCIS.

Bottom line: Expect a biometrics appointment letter in the mail. 📨

12/13/2025

🚨 URGENT: Spouses of U.S. Citizens Now Face Arrest at Green Card Interviews
We are seeing a severe and concerning increase in ICE arrests of foreign-born spouses of U.S. Citizens during their final Green Card (I-485) interviews at USCIS offices.

This is a dangerous shift in policy.

The Legal Trap: Overstay ≠ Protection
You can be arrested even if your overstay is legally forgiven for the Green Card application.

A pending I-485 grants you Authorized Stay to remain in the U.S., but it does not erase your prior status violation that makes you technically deportable.

If you entered on the Visa Waiver Program (ESTA) and waited past 90 days to file, you are especially vulnerable.

You should consult with an experienced attorney to see if your case has red flags and what action you should take to avoid potential pitfalls.

12/02/2025

⚖️ Navigating the Future of US Citizenship:

The Exclusive Citizenship Act

A significant development in immigration and constitutional law is hitting the news: Senator Bernie Moreno's proposed "Exclusive Citizenship Act of 2025."

• Requirements for Current Dual Citizens: If the bill is enacted, current U.S. citizens who also hold foreign citizenship would be required to submit a written renunciation of their foreign citizenship to the Secretary of State or a written renunciation of their U.S. citizenship to the Secretary of Homeland Security within one year.

• Consequence of Non-Compliance: Those who fail to comply with the renunciation requirement would be "deemed to have voluntarily relinquished United States citizenship."

• Future Acquisition of Foreign Citizenship: Any U.S. citizen who voluntarily acquires foreign citizenship after the law is enacted "shall be deemed to have relinquished United States citizenship."

• Potential Legal Challenges: The bill may face legal challenges, as the U.S. Supreme Court has previously affirmed that dual citizenship is "a status long recognized in the law" and that a U.S. citizen cannot lose their citizenship unless they willingly surrender it.

Https://www.newsweek.com/dual-citizenship-requirements-millions-americans-new-bill-moreno-11139538

Republican Senator Bernie Moreno has introduced a bill that would eliminate dual citizenship for Americans.

11/14/2025

📢 New Immigration Policy Alert!
The Trump administration has issued a new directive for U.S. visa applicants. Immigration officers are now instructed to consider certain chronic health conditions, including obesity and diabetes, when deciding whether to grant visas.
The guidance suggests that applicants who might require significant medical care could be deemed a "public charge" and potentially denied entry. This expands the health criteria beyond communicable diseases and requires officers to assess an applicant's ability to cover potential medical costs over their lifetime.
This policy primarily impacts those seeking permanent residency in the U.S.

Https://www.npr.org/2025/11/12/nx-s1-5606348/immigrants-visas-health-conditions-trump-guidance

New guidance from the Trump administration directs visa officers to consider common health ailments, including obesity and diabetes, when would-be immigrants seek to enter the U.S.

10/30/2025

URGENT IMMIGRATION NEWS ALERT 🚨
The Department of Homeland Security (DHS) is ending the 540-day automatic extension for certain work permit (EAD) renewals.

What you need to know:
• Impact: Immigrants whose EADs expire while their renewal application is pending will lose work authorization until USCIS processes their case.
• Who is affected: Thousands, including green card applicants, spouses of H-1B holders (H-4), refugees, and asylees.
• Reason: DHS cites a need for enhanced national security screening and vetting.
This abrupt change means significant risk of job loss due to bureaucratic delays. If you or someone you know is affected, check the status of your renewal immediately.

10/16/2025

📢 IMPORTANT IMMIGRATION UPDATE: New $1,000 USCIS Parole Fee Now in Effect! 📢

As of today, October 16, 2025, U.S. Citizenship and Immigration Services (USCIS) has implemented a new, mandatory $1,000 fee for most grants of immigration parole. It's crucial to understand what immigration parole is and who this new fee impacts.

What is Immigration Parole?
Immigration parole allows certain individuals who may not meet the technical requirements for admission into the U.S. to temporarily enter or remain in the country for urgent humanitarian reasons or a significant public benefit. It's a discretionary authorization, not a formal admission to the U.S. as an immigrant. It enables individuals to be lawfully present in the U.S. for a temporary period.

Who will this $1,000 fee impact?
This new fee generally applies to individuals who are granted a new period of parole, including:
🔹 Those granted initial parole from outside the U.S.
🔹 Those already in the U.S. who are granted re-parole.
🔹 Individuals approved for "Parole in Place."

Who is EXEMPT from this fee?
There is some good news, especially for those waiting for their green cards. A key exemption exists for:
✅ Applicants for Adjustment of Status (Form I-485)!
If you have a pending I-485 application and are applying for an Advance Parole travel document (Form I-131), you DO NOT have to pay this new $1,000 fee. (Note: You are still responsible for the standard I-131 filing fee.)

Immigration rules are complex. This is a significant change that can cause confusion. For personalized advice, it is always best to consult with an immigration attorney.

Please SHARE this post to help spread awareness in the community!

10/09/2025

🚨 H-1B Visa Update! 🚨 The White House is proposing significant new restrictions to the H-1B visa program. These changes aim to tighten definitions for "specialty occupations," review cap exemptions, and increase oversight for third-party placements. This could impact many sectors, especially tech and healthcare.

H-1B changes proposed by Trump face backlash from tech, universities, and health care over legal and economic risks.

10/03/2025

Applying for a marriage-based green card? 🚨 Be aware of what USCIS is looking for! 🚨

With enhanced fraud detection, USCIS is scrutinizing marriage applications more closely than ever. Understanding the "red flags" and knowing what evidence to provide is CRUCIAL for proving your marriage is bona fide (genuine).

🔴 USCIS "RED FLAGS" (Things that raise suspicion):

Big Age, Culture, or Education Gaps: Without strong evidence of shared life, these can draw scrutiny.

Short Courtships: Marrying very quickly after meeting. Short courtship alone isn't a deal-breaker, but more proof to demonstrate love, commitment & connection is needed.

Previous Immigration Issues: Past violations or attempts can lead to extra scrutiny.

Living Apart: Without restless & compelling reasons (like military deployment or temporary work assignments), living separately is a major red flag.

No Joint Finances/Property: Lack of commingled assets can suggest a lack of shared life.

✅ ESSENTIAL EVIDENCE FOR A "BONA FIDE" MARRIAGE (Show, don't just tell!):

Joint Financials Are KEY:

Joint bank accounts with regular activity.

Joint leases, mortgages, or property deeds.

Joint utility bills (electricity, water, internet).

Joint credit cards or loans.

Joint tax returns (filed married-jointly).

Shared memberships (gym, warehouse clubs).

Life insurance, wills, or trusts naming each other as beneficiaries.

Photos & Videos TOGETHER over Time:

Show your journey! Photos from your courtship, wedding, with family & friends, holidays, vacations, and daily life.

Tip: Date and briefly caption photos for clarity.

Third-Party Affidavits:

Letters from friends, family, or religious leaders who know you as a couple and can attest to your genuine relationship.

Proof of Communication:

Texts, emails, call logs, and chat histories showing ongoing communication.

OVER-DOCUMENT EVERYTHING! Organize your evidence meticulously, and be prepared to tell your story — honestly and consistently — at your interview.

A genuine marriage will have evidence of a shared life that naturally accumulates over time. Gather your documents, organize them well, and be ready to confidently tell your love story.