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https://arvian-immigration.com/

Arvian Immigration Law Firm, 300 Spectrum Center Drive, Floor 4, Los Angeles, CA (2026)

06/04/2026

🇺🇸 DHS has clarified USCIS statements suggesting that individuals applying for a Green Card inside the U.S. would be required to go through consular processing, except in “extraordinary” cases.
DHS now states that this is not a full rollback of adjustment of status and that most immigrants should not automatically be required to leave the U.S. to obtain a Green Card.
✅ According to a DHS spokesperson, this was a “reminder” to USCIS officers of their discretionary authority, which already existed. The decision on whether a person must process inside the U.S. or through consular processing will allegedly continue to be made on a case-by-case basis.
USCIS spokesperson Zac Kaler stated that while the agency is working on implementing new measures, applicants who provide economic value or otherwise meet national interest considerations will likely be able to continue their current path.
❗️ In a statement to CBS News, DHS said this policy “will not prevent any foreign national who lawfully and properly meets the requirements from obtaining a Green Card”.

DHS also stated that the new policy “will not have a noticeable impact on highly skilled applicants and qualified professionals who have complied with the law.” According to the agency, such individuals contribute to the U.S. economy and national interest and will continue to merit favorable discretionary treatment by USCIS.
⚠️ It is still unclear what USCIS will define as “economic value.” The “national interest” language may overlap with EB-2 NIW cases or other petitions where benefit to the U.S. can be demonstrated, but there are no clear standards yet.
USCIS officers have already begun asking applicants at interviews why they are filing for a Green Card in the U.S. and whether there are any circumstances preventing them from processing in their home country.
👉 Those at risk include individuals with overstays or other status violations. If they are required to go through consular processing, they may face a 3- or 10-year bar on reentry to the U.S.

06/02/2026

🇺🇦 EB-1A approval for a musician from Ukraine.

The client was involved in music in Ukraine — touring, concerts, and performances at various events. Despite solid professional experience, after the petition was filed, USCIS issued an RFE, and the officer did not initially approve any of the criteria we had claimed.

👉 Together with the client, we gathered additional materials, refined the focus, and prepared a structured response to each point in the RFE. In situations like this, it is critical to address issues point by point, support arguments with evidence, and clearly explain the significance of the achievements, this directly increases the chances of approval.

✅ We have now received approval of the petition, and we congratulate our client. He will now be able to continue his creative career in the United States, develop professionally, and build his future without limitations.

EB-1A is a category for individuals with extraordinary ability. In these types of cases, Requests for Evidence are a common part of the process. A properly prepared response can change the outcome and lead to EB-1A approval.

📩 If you’re currently in the U.S., you can contact us directly for a free consultation. Send us a DM to schedule your appointment.

05/29/2026

🇺🇸 Important clarification on the new USCIS memorandum.

In this memorandum, USCIS reminds officers that the standard pathway to a Green Card is consular processing, and that Adjustment of status (AOS) in the U.S. is an exceptional benefit granted at USCIS’s discretion.

👉 The applicant must demonstrate that, based on the totality of circumstances, they merit this “extraordinary discretionary benefit,” and that in their specific case it is justified to receive a Green Card inside the U.S. rather than through consular processing abroad.
The memo applies to all cases where an applicant requests AOS within the U.S. and where the decision is made at USCIS discretion.

Grounds for denial or negative discretionary factors may include:
🔹 overstay of a visa or parole;
🔹 violation of visa, status, or parole conditions;
🔹 unauthorized employment;
🔹 failure to maintain status after filing for AOS and before receiving a Green Card;
🔹 conduct in the U.S. that is inconsistent with the purpose of the visa or parole;
🔹 situations where the applicant, at the time of visa issuance, entry into the U.S., or grant of parole, stated one purpose but later acted differently after entry, including an intent to remain in the U.S.

It is important to understand that this memo consists of internal USCIS guidance for officers. It is not a new law, and it is not a new rule adopted through the notice-and-comment rulemaking process.

⚠️ The Trump administration and USCIS do not have the authority to unilaterally redefine the fundamental structure of Green Card eligibility established under INA. A significant number of lawsuits are expected, and enforcement of this memo will almost certainly be challenged and potentially paused or blocked in court.
However, while this memorandum remains in effect, applicants can expect more RFEs, more NOIDs, and more rigorous AOS interviews.

❗️ Officers may ask more detailed questions about why the person entered the U.S., what was stated during the visa or parole process, whether status was maintained, whether any conditions were violated, and why the applicant is not pursuing consular processing.

05/27/2026

🇺🇦 Our client from Ukraine has received EB-1A approval. By profession, he is a restaurateur.

Before coming to the U.S., he already had a successful business in Ukraine, and after relocating, he didn’t just start over, he was able to build a functioning restaurant project here as well.

👉 The case was not approved on the first submission. Initially, the officer only recognized two criteria and issued an RFE. After that, we strengthened the package, improved the argumentation, provided a more detailed presentation of the client’s professional journey and results, and clearly demonstrated how his experience and entrepreneurial activity are already operating in the U.S.

In the end, we were able to show:
🔹 that his experience and achievements did not remain in the past;
🔹 that he successfully re-established himself in the U.S.;
🔹 that his work and business create real value and measurable results.

After that, USCIS approved the petition.

⚠️ Many people still think EB-1A is only for scientists, artists, athletes, or individuals in very narrow, high-profile professions. That is not the case. EB-1A is available to individuals across many fields if they have a strong professional track record, notable results, recognition, publications, awards, experience, or a measurable impact in their industry.

Talent and a high professional level are not tied to a single occupation. If someone can build successful projects, grow a business, create jobs, attract attention to their work, and document their results, that can also be highly relevant for EB-1A.

❗️ Many people never request an evaluation simply because they assume they are not “well-known enough” or believe their profession does not fit EB-1A. In reality, it is not the job title that matters most, but what the person has actually achieved, how it can be proven, and how well the case is structured.

These visas are also granted to entrepreneurs, restaurateurs, and professionals in technical, creative, athletic, and business fields. If you have a professional track record and measurable results, it is worth at least evaluating your options.

05/21/2026

⚠️ USCIS is changing the rules for signatures on immigration applications.

On May 11, 2026, USCIS published an interim final rule introducing new requirements for signatures on immigration filings. The new rule will take effect on July 10, 2026.

👉 If USCIS identifies a missing or invalid signature on an immigration application, the agency will now have the authority to deny or reject the case even after it has already been accepted for processing.

Previously, signature issues were typically identified at the intake stage. In those cases, the filing would be rejected, the fee would be returned, and the application would not be considered properly filed. Now, USCIS may deny a case that has already been accepted if the signature problem is discovered later.

A signature may be considered invalid if it is:
🔹 missing;
🔹 a typed name instead of a handwritten signature;
🔹 a stamped signature;
🔹 an image of a signature inserted into the form;
🔹 a signature copied from another document;
🔹 an automatically generated signature, if such electronic signature is not authorized for that form;
🔹 a signature made by someone who was not authorized to sign on behalf of the applicant.

Electronic signatures are only valid where USCIS explicitly allows them through myUSCIS. If the form or filing method does not permit electronic signatures, a traditional handwritten signature is required.

✅ This rule applies to a wide range of immigration filings, including H-1B petitions, Green Card applications, OPT and STEM OPT, work permits, extensions or changes of status, and other forms, petitions, and requests where a signature is required.

If USCIS denies a case due to an invalid signature, the filing fee will not be refunded. The case may be treated as fully adjudicated, and the applicant may be found not to have established eligibility for the requested status, visa, or benefit.

❗️ USCIS is not required to allow retroactive correction of a signature. An officer may issue RFE if there are questions about who signed the form or whether that person had authority to do so.

05/19/2026

🔥 EB-1A approval for a coach of the Ukrainian Paralympic rowing team

Our client, a coach with the Ukrainian Paralympic rowing team, has received EB-1A approval. Some of his key achievements date back several years, but this did not create any issues.

👉 We demonstrated that his professional expertise and accomplishments, established in earlier years, continue to have sustained recognition and remain relevant in the United States today, and that the applicant intends to continue working in his field.

At the adjudication stage, USCIS evaluates “sustained acclaim” and evidence of extraordinary ability. In coaching cases, such evidence typically includes:
🔹 documented results of athletes at national and international levels;
🔹 involvement with national teams;
🔹 publications and media coverage in industry outlets;
🔹 invitations to serve on juries and high-level coaching staff;
🔹 professional awards and memberships;
🔹 expert recommendation letters.

We structured the evidence specifically around the indicators that most accurately reflect the applicant’s level of achievement.

❗️ Achievements do not “expire” automatically. If a specialist’s impact is properly documented and their contribution remains significant to the field, USCIS treats it as part of a sustained professional reputation.

In this case, we emphasized the connection between past experience and current value to U.S. sports: coaching methodologies, training athletes with disabilities, knowledge exchange, and contribution to the development of the Paralympic movement.

✅ We also developed a detailed section on the applicant’s plans to continue working in the United States: professional goals, work structure, potential collaborations, and contributions to adaptive sports development.

For the client, this is an opportunity to continue building a coaching career in an environment where his expertise is in demand, and for athletes — access to experience that has proven effective at the international level.

📩 If you’re currently in the U.S., you can contact us directly for a free consultation. Send us a DM to schedule your appointment.

05/15/2026

⚠️ We want to remind you that it is very important to check your USCIS online account at least once a week. This can directly affect the outcome of your case.

Due to new rules that took effect on May 29, 2026, all applicants are required to pay an annual $102 fee for Form I-589 while the case is pending.

The process depends on where your case is currently being reviewed.

1️⃣ If your case is being handled by USCIS, the agency has already started sending Notices directly to your online account.

🔹 You have 30 days to pay from the date the notice appears. If you miss this deadline, USCIS may close your case and stop processing it.

Make sure to regularly check the “Documents” section of your USCIS account.

🔹 The Notice will include a payment link. The system will ask you to enter your A-number and your I-589 case number. This number is located in the top left corner of your Receipt Notice, Form I-797 for your I-589.

2️⃣ If your case is being handled in immigration court (EOIR), you are also required to pay the $102 fee while your Form I-589 is still pending.

🔹 Payment must be made through the official EOIR website:
epay.eoir.justice.gov

🔹 Be careful to select the correct option:
Court – Form I-589, Annual Asylum Fee for Asylum and for Withholding of Removal (AAF).

After completing the payment, save the receipt as a PDF and make sure to send it to us. We will submit it to the court as proof of payment in your case.

❗️ Please take these requirements seriously. Regularly checking your account and paying on time will help you avoid case closure due to missed deadlines or nonpayment.

If you see a notice you do not understand or have any issues with payment, contact us.

05/13/2026

🔥 EB-1A approval secured for a Ukrainian professional in dentistry.

Last week, we received an EB-1A approval for a dental technician from Ukraine. He is a professional with his own dental practice in his home country, a strong expert reputation, and a measurable contribution to the field.

👉 In the initial filing, we claimed seven criteria and emphasized his leading role in his own practice, scientific activity, and participation as a judge/reviewer. After the initial review, USCIS issued an RFE: the officer only accepted two criteria — “judging” (evaluating the work of other professionals) and “published materials” (scientific publications).

We built additional arguments for the remaining claimed areas: we highlighted publications featuring him as an industry expert, confirmed professional awards, provided a detailed explanation of his leading role, and showed how his practice directly impacts the quality of patient care. We also submitted materials demonstrating consistent professional recognition.

✅ The key was not the volume of documentation, but the coherence of the narrative: who the applicant is, what makes him unique, how leadership is demonstrated, what proves his expertise, and why his presence in the U.S. adds value. This structure helps bridge the gap between achievements and regulatory criteria, which is exactly what EB-1A requires.

In the end, USCIS accepted the arguments and the petition was approved. This case once again confirms that an RFE is not a denial, but part of the process.

❗️ In many cases, officers initially recognize fewer criteria than were claimed, and it is the attorney’s role to expand the narrative, highlight additional elements, and present the evidence in a way that clearly demonstrates extraordinary ability.

📩 If you are an accomplished athlete, artist, scientist, researcher, or have a strong professional record in another field and want to evaluate your chances for EB-1 or EB-2, send us a direct message. We offer a free case evaluation.

05/07/2026

🇺🇸 Visa applicants may now be asked whether they fear returning to their home country before a visa is issued.

The State Department has sent new guidance to U.S. consulates instructing officers to ask applicants whether they have experienced harm or persecution in their country of citizenship or last permanent residence, and whether they are afraid to return.

⚠️ If a person answers “yes” or refuses to answer it could lead to a visa denial. The guidance applies not only to B1/B2 tourist visas, but also to all other temporary visa categories, including F/M/J student visas, H/L/P work visas, and others.

The new questions include:
🔹 Have you experienced harm or mistreatment in your country of citizenship or last permanent residence?
🔹 Are you afraid of harm or mistreatment if you return to your country of citizenship?

According to the State Department, the purpose of this policy is to address situations where applicants allegedly conceal their true intentions during the visa process and later apply for asylum after entering the U. S. The guidance states that the large number of asylum applications in the U.S. allegedly demonstrates that many foreign nationals “misrepresent their intentions” to consular officers and at the port of entry.

✅ This creates a serious legal dilemma. If someone truthfully says they are afraid to return, the visa may be denied. But if a person genuinely fears returning and answers “no” in order to avoid a denial, that answer could later be treated as material misrepresentation to a federal officer. In immigration law, that can trigger a permanent inadmissibility bar to the U.S.

By “coincidence” this guidance appeared immediately after the D.C. Circuit blocked the Trump administration’s attempt to shut down access to asylum at the southern border.

👉 After failing to restrict asylum access through a presidential proclamation at the border, the administration now appears to be moving the screening process earlier before the individual even enters the U.S.

📩 If you’re currently in the U.S., you can contact us directly for a free consultation. Send us a DM to schedule your appointment.

05/05/2026

🇺🇦 Our client, a ballerina from Ukraine, has received an EB-1A approval. She met 7 out of 10 criteria.

She trained at some of the world’s leading ballet schools from Kyiv to Munich, and at the School of American Ballet in New York. She has performed on major stages, including Lincoln Center and the National Opera of Ukraine, and participated in the Vail Dance Festival, where a principal dancer of New York City Ballet created choreography specifically for her.

👉 She has won international competitions with participants from over 60 countries. She created her own original choreography, which was presented on one of the most prestigious ballet stages in the world, and secured a professional contract with a ballet company before completing her training.

In the petition, we focused on criteria that are especially important for artistic professionals, including:
🔹 international awards;
🔹 membership in professional organizations;
🔹 published material about her in the media;
🔹 significant contributions to the arts;
🔹 leading roles in distinguished companies and performances at prestigious venues;
🔹 a high salary compared to others in the field.

❗️ Despite being just in her early twenties, her track record, intensity of achievements, and level of recognition were strong enough for USCIS to recognize her extraordinary ability and approve the EB-1A petition. Congratulations to her!

📩 If you are an accomplished athlete, artist, scientist, researcher, or have a strong professional record in another field and want to evaluate your chances for EB-1 or EB-2, send us a direct message. We offer a free case evaluation.

Arvian Immigration Law Firm

06/04/2026

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