Business Immigration Insights

On December 2, 2025, in response to the shooting of 2 national guardsman in Washington, DC by an Afghan national, USCIS issued a national security policy memo suspending the adjudication of petitions and applications for immigration-related benefits for those from 19 “high-risk” countries, as well as re-reviewing previously-approved benefits for individuals from those countries (Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela).  The memo directs USCIS personnel to:

1. Place a hold on all applications for asylum and for withholding of removal, regardless of the alien’s country of nationality, pending a comprehensive review;
2. Place a hold on pending benefit requests for aliens from any of the high-risk countries;
3. Conduct a comprehensive re-review of approved benefit requests for aliens from any of the high-risk countries who entered on or after January 20, 2021.

The memo states that USCIS has 90 days to prepare “a list for review, interview, re-interview, and referral to ICE and other law enforcement agencies as appropriate”.  For benefits where personal interviews are not usually required, USCIS has the discretion to notify applicants to appear at USCIS offices.

While the memo raises many questions that we anticipate will be answered in the coming weeks, individuals who were born in and/or are citizens of any of one of the high-risk countries either with pending benefit requests or who were previously approved for such benefits should review the following questions/answers about the memo and how it may affect them:

Can I travel abroad during the adjudication/re-review process if I have a travel document that allows me to depart and return?

The memo does not prevent those with travel documents from departing from/returning to the United States at this time.  However, there is some risk if USCIS denies a pending application or revokes a previously-issued document while an individual is abroad that may make them ineligible to return to the United States.  If a denial/revocation is issued while the person is still in the United States, the person is better situated to consult with an attorney about what options may be available for them to remain in the United States.  It is also unclear how US Customs and Border Protection may be involved in this process that could make a return to the United States more difficult.

How will USCIS contact me if a benefit is denied or revoked?

USCIS typically sends denial/revocation notices to the person’s last address provided to USCIS.  Those from high-risk countries should make sure USCIS has their most recent US residential addresses by completing the online AR-11 form to ensure that they do not miss any written communications from USCIS (such as denials, revocations, or requests to appear at USCIS): https://www.uscis.gov/ar-11.  Family members who will or have derived an immigration-related benefit also should complete the AR-11.

If I was born in or a citizen of one of the high-risk countries and I became a naturalized US citizen, will USCIS re-review my naturalization application?

The memo appears to be broad enough for USCIS to re-review any prior applications for benefits, such as adjustment of status (to permanent residence) and naturalization, even if those applications were approved prior to January 20, 2021.

If I was born in and/or a citizen of a high-risk country and my pending application is denied, or if a previously-approved application is re-reviewed and denied, does it affect my spouse and children as well even if they were not born in and/or are citizens of a high-risk country?

Yes, dependent spouses and children who may derive a benefit from your pending application or already derived a benefit from a previously-approved application will be affected as well if your benefit is denied or revoked.

Will this memo delay the adjudication of my benefits application and, if so, for how long?

Potential delays should be expected for any pending applications for benefits for those born in and/or who are citizens of a high-risk country.  There is no way to know long it will take for USCIS to review affected pending applications.

Will USCIS add other countries to the high-risk list?

If the Administration adds countries to the high-risk list, USCIS will include those countries in the current pause/re-review process.