On September 19, 2025, President Trump signed a proclamation restricting the entry of anyone in H-1B status without payment of a new $100,000 fee. The proclamation, titled Restriction on Entry of Certain Nonimmigrant Workers had an effective date of 12:01 a.m. EDT Sunday, September 21, 2025, and is set to expire after one year.
USCIS Issues Guidance
On September 20, 2025, USCIS issued guidance, which noted that the proclamation applies to petitions filed after 12:01 am EDT on September 21,2025. Specifically, USCIS explains the Proclamation does not:
Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
Change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
Prevent any holder of a current H-1B visa from traveling in and out of the United States
Final Thoughts
If you are an employer with H-1B employees or an H-1B employee, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation. This is an ongoing situation that AVA Global is closely monitoring.
When applying for a green card in the United States (U.S.), one of the most important steps is filing Form I-485, Application to Register Permanent Residence or Adjust Status. For many applicants, completing this form can feel overwhelming because it covers so many aspects of personal history, immigration status, and eligibility.
One area that often raises concern is the self-reporting question. This is the section where applicants must disclose past violations, arrests, or issues that may impact their eligibility.
Even if you have no criminal history, this part of the form can feel intimidating. Understanding what the government is asking, and how to answer truthfully, is critical to the success of your application.
What Is the Self-Reporting Question?
Form I-485 includes a series of inadmissibility-related questions. These ask about:
Past criminal conduct (arrests, charges, convictions, or citations)
Membership in certain organizations or participation in prohibited activities
The purpose of these questions is to give U.S. Citizenship and Immigration Services (USCIS) a complete picture of your background. In essence, the government is asking you to self-report anything in your history that might make you inadmissible to the U.S.
Why Full Disclosure Matters
It may be tempting to skip over uncomfortable details, especially if you think they are minor or unlikely to be discovered; however, failing to disclose can be far more damaging to your case than the underlying issue itself. As USCIS has extensive access to personal records such as fingerprints, background checks and prior visa applications, they may already know. Moreover, even small inaccuracies can be interpreted as fraud, which could bar you from getting a green card. Finally, honestly builds credibility and many applicants with minor past issues are still successful in adjusting status.
What If I Have Something to Report?
Not every disclosure will result in denial. USCIS considers context, severity, and whether you are eligible for a waiver of inadmissibility. Some common examples:
Traffic citations: Minor tickets may not affect eligibility, but they should still be reported.
Misdemeanor arrests: Some may trigger inadmissibility, while others may not. An immigration attorney can help you evaluate.
Immigration overstays: In certain circumstances, exceptions or waivers may apply.
Unauthorized work: This can be forgiven in certain family-based cases.
What matters most is providing a truthful account along with supporting documentation such as certified court records, dispositions, and proof of rehabilitation.
How an Immigration Attorney Can Help
The self-reporting section is one of the most high-stakes parts of Form I-485. Answering incorrectly, or without proper legal context, can delay your case or even result in denial. An experienced immigration attorney can:
Review your history to identify what must be reported.
Assess risk factors to determine if past issues make you inadmissible.
Prepare waivers if needed to overcome potential bars to adjustment.
Present your case strategically, highlighting positive factors such as family ties, employment, and community contributions.
Final Thoughts
The self-reporting question on Form I-485 is not meant to intimidate you, but it is a serious part of your green card application. By understanding what USCIS is asking, disclosing your history honestly, and seeking professional legal guidance, you can avoid unnecessary pitfalls and put your application on the strongest possible footing.
If you are concerned about how to answer these questions, or if you have a past issue you’re unsure how to report, our firm is here to help. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
As of June 9, 2025, at 12:01 a.m. EDT, a sweeping U.S. travel ban went into effect, suspending visa issuance and entry for citizens from 19 countries. Of these 19 countries, 12 are subject to a full banand 7 are under partial restrictions; however, a range of important exceptions ensures that certain individuals can still lawfully enter the U.S. This article will review some of the 2025 travel ban exceptions.
1. Individuals Inside the U.S. or Holding Existing Valid Visas
If you were already physically present in the U.S. on or before June 9, 2025, or if you hold a valid visa issued before that date, you are not subject to the ban, even if your nationality is designated in the travel ban. Visas issued prior to the ban are not revoked and remain effective.
2. U.S. Lawful Permanent Residents (Green Card Holders)
Permanent residents from affected countries are exempt from the ban and continue to be permitted entry into the U.S.
3. Dual Nationals Using a Non-Banned Passport
Those holding dual nationality may still enter the U.S. if they travel using a passport from a country not on the banned list.
4. Diplomats, Officials, and Representatives of International Organizations
Individuals traveling on diplomatic or official visas (e.g., A-1/A-2, C-2, G-series, NATO), or representing international organizations, are excluded from the ban.
5. Immediate Relatives of U.S. Citizens, Adoptions, and Religious/Ethnic Minority Cases
Certain immigrant visas remain exempt, including:
Spouses, children, and parents of U.S. citizens,
Intercountry adoptions by U.S. adoptive parents,
Ethnic and religious minorities facing persecution in Iran.
6. Special Immigrant Visas (SIVs) and Afghan Allies
SIV applicants, particularly Afghan nationals who served as interpreters or in similar roles for U.S. forces, are exempt.
7. Participants in Major Sporting Events
Athletes, coaches, and essential supporting personnel traveling for events such as the 2026 FIFA World Cup or the 2028 Summer Olympics remain eligible for entry.
8. Refugees, Asylees, and Humanitarian Protections
Individuals who have already been granted refugee or asylum status, or protection under withholding of removal or the Convention Against Torture, are not affected by the ban.
9. National Interest Exceptions (Case-by-Case Waivers)
Applicants may apply for a National Interest Exception (NIE)in compelling cases—such as urgent medical treatment, significant business obligations, or other vital U.S. interests. These are granted on a limited, case-by-case basis and require robust documentation and legal support.
Key Takeaways for Legal Counsel and Clients
Do Not Assume Universal Exclusion: Many potentially affected individuals may qualify for exemption.
Maintain Lawful Status: Traveling when already in the U.S. with valid status or visas preserves re-entry rights.
Dual Nationality Can Be Critical: Use of a non-banned passport can be decisive.
Document Strategy is Essential: Whether pursuing an SIV, NIE, or humanitarian relief, comprehensive case preparation is vital.
Stay Informed: Proclamations and agency guidance may evolve—vigilant monitoring is essential.
Final Thoughts
If you have questions or concerns on the 2025 Travel Ban, contact us today for a confidential consultation and personalized legal advice. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
Know Your Rights: What to Do if You Are Detained at a U.S. Port of Entry
The American Immigration Lawyer’s Association (AILA) has released this flyer to help Lawful Permanent Residents (LPRs) understand their rights if they are detained at a United States (U.S.) port of entry.
As of 2025, LPRs are facing heightened scrutiny when reentering the U.S. through airports and land borders. While LPRs have stronger protections than temporary visa holders, U.S. Customs and Border Protection (CBP) continues to review travel history, past immigration issues, criminal records, and even political activity at the border.
If you are an LPR traveling abroad, it is essential to understand your rights before you return to the U.S.
Returning Resident vs. Arriving Alien
When you present yourself at a port of entry, CBP officers will determine whether you are considered a “returning resident” or an “arriving alien.”
Returning Resident: Typically processed quickly and admitted back into the U.S.
Arriving Alien: You may be treated as an “arriving alien” if CBP believes you have:
Abandoned your LPR status
Stayed outside the U.S. for more than 180 consecutive days
Engaged in unlawful activity while abroad
Left the U.S. during removal or extradition proceedings
Committed certain crimes (unless waived)
Attempted to enter without proper inspection
Being categorized as an “arriving alien” can trigger additional questioning or proceedings.
What Happens During Secondary Inspection
If CBP cannot clear you right away, you may be sent to secondary inspection. This process can last anywhere from a few minutes to several hours. During secondary inspection:
CBP may question you, take fingerprints, and collect biometric data.
Your phone, laptop, or other devices may be searched, and in some cases, kept temporarily. Always ask for a receipt if your property is taken.
CBP may hold you if there are questions about your admissibility.
Being referred to secondary inspection does not necessarily mean you did something wrong—but you should still proceed carefully.
Warning: Do Not Sign Form I-407 Without Legal Advice
CBP officers may ask you to sign Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Signing this form means you are giving up your green card—voluntarily.
You should never sign Form I-407 without first speaking to an immigration attorney. Key points to remember:
Only an immigration judge—not CBP—can take away your LPR status.
The government must prove abandonment with clear and convincing evidence.
If you refuse to sign, CBP must issue a Notice to Appear in immigration court.
If CBP takes your green card, you may request a temporary stamp in your passport as proof of your status.
If You Are Detained – Your Rights
If CBP detains you, whether overnight or longer, you still have important legal protections:
You have the right to contact your consulate.
You may request to speak with an attorney (even if CBP does not allow access right away).
You have the right to remain silent and to not sign any documents without legal advice.
You may request an interpreter and review all written statements in a language you understand.
Do not waive your right to a hearing before an immigration judge.
Questions About Politics, Religion, or Activism
CBP officers may ask about your political views, religious beliefs, or participation in protests. You are not required to answer questions about First Amendment–protected activities. You may politely decline to respond.
Before You Travel: When to Consult an Immigration Lawyer
Speak with an immigration attorney before traveling if:
You have a criminal record, even for minor arrests or old charges.
You have pending immigration applications or court cases.
You have a history of immigration violations or past CBP issues.
You are a conditional permanent resident.
Travel Tips for LPRs
Carry your lawyer’s contact information and your consulate’s details on paper.
Let your family know your travel plans and check in when you land.
If detained, contact an immigration attorney or have someone advocate for you. Carrying a signed Form G-28 (Notice of Representation) from your attorney can sometimes help.
Final Note
If you are a green card holder, you have rights at the border—but enforcing them requires preparation. Do not let CBP pressure you into giving up your lawful status. If you are concerned about travel, contact our office to schedule a consultation with one of our immigration attorneys before your trip.
This post is for general informational purposes only and does not constitute legal advice. For guidance on your specific situation, please consult a licensed immigration attorney.
To register for a consultation with our U.S. immigration attorneys, please visit this page.
Attorney Jaci Ohayon was recently quoted in Deutsche Welle, Germany’s international public broadcaster that provides news and information in 32 languages.
How do I withdraw a petition or application with USCIS?
Sometimes, after an individual has submitted an application or petition to U.S. Citizenship and Immigration Services (USCIS), their plans change, and they want to withdraw it. If you need to withdraw an application or petition that you submitted to USCIS, then it is important to follow the correct procedures to avoid complications.
Why Would Somone Decide to Withdraw a Petition or Application with USCIS?
There are several common scenarios in which someone might decide to withdraw an application or petition. For example:
A petitioner decides not to sponsor a relative for a green card.
An applicant receives an offer they no longer wish to pursue.
A job offer tied to an employment-based visa is no longer valid.
You have decided to file in a different visa category.
Whatever the reason, withdrawing the application or petition must be done thoughtfully and carefully.
Who Can Make a Request to Withdraw a Petition or Application with USCIS?
It is important to note that only the person or entity that signed and submitted the application or petition can request a withdrawal. For example:
If your attorney or accredited representative has submitted a request on your behalf and has a valid G-28 on file, then they can also submit the request to withdraw.
How do I Request to Withdraw a Petition or Application with USCIS?
USCIS does not have a form for withdrawing most types of applications or petitions. Instead, you will typically need to write a letter that includes the following information:
Your full name and alien registration number (A-Number), if applicable
Receipt number of the petition or application you want to withdraw
Date of submission and the form type (e.g., I-130, I-485, I-140)
A clear statement requesting withdrawal of the specific application or petition
Signature of the person who filed the application
Mailing address and contact information
It is very important to send the withdrawal request to the USCIS service center or office that is currently processing your case. You can find this information on the receipt notice (Form I-797) you received when the application or petition was accepted.
Important Considerations
Once a withdrawal is processed, it cannot be undone. If you change your mind later, you most likely will need to refile and pay the fees again.
You won’t get a refund of any fees paid, even if the application is withdrawn before being processed.
USCIS is likely to use your records in future immigration decisions.
If you’re in the U.S., withdrawing an application like Form I-485 (adjustment of status) could affect your legal status, so it is of the utmost importance that you understand the immigration consequences before proceeding.
How to Confirm a Withdrawal
Once your withdrawal request has been processed, then USCIS may send you a written acknowledgment, but not always. If you don’t receive confirmation after a reasonable period (e.g., 30–60 days), you may want to contact USCIS via:
Online tools: Use your USCIS online account or Case Status tool.
Phone: Call the USCIS Contact Center at 1-800-375-5283.
Final Thoughts
Withdrawing an immigration petition or application is a serious step that can have a lasting impact on the petitioner or applicant. If you are unsure of how a withdrawal may impact your situation, then you should consult with an immigration attorney. This is especially important if you’re in the middle of a status change or other legal proceedings.
If you would like additional information on how to withdraw an immigration application or petition, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
Last Friday, the Trump administration announced the termination of Temporary Protected Status (TPS) for Haiti, stating protections for Haitians would end on Sept. 2, 2025, rather than on Feb. 3, 2026, which was the original date according to the Biden administration’s 18-month extension of the program.
On July 1, 2025, Judge Brian Cogan of the Eastern District of New York blocked the Trump administration from terminating TPS so abruptly, saying it was unlawfully done and would lead to harm.
This decision restores TPS for Haiti until Feb. 3, 2026.
If you are a Haitian national present in the U.S. on TPS, pease do not wait until your status is about to expire before seeking legal advice.
Contact us today for a confidential consultation and personalized legal advice. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.
**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.
