Immigration Law
Something changed at USCIS on April 27, 2026 — and if you have a pending immigration application, you need to know about it.
Without public announcement, USCIS field and asylum offices across the country began notifying applicants and attorneys that case adjudications were being placed on hold. The reason: a sweeping new security vetting process that requires nearly all pending applications to go through an enhanced FBI background check — even if fingerprints were already submitted months or years ago.
This is not a minor administrative hiccup. According to the American Immigration Lawyers Association (AILA), this could impact millions of cases.
The new vetting process is a direct result of an Executive Order requiring federal criminal justice agencies — including the FBI — to give the Department of Homeland Security broader access to criminal history records. In response, the FBI granted USCIS enhanced access to its criminal history database.
That expanded access triggered the need to rerun background checks on virtually every pending case that previously went through fingerprint and name checks before April 27, 2026.
In short: the rules changed mid-game, and USCIS is now going back to re-examine everyone already in line.
If you have a pending application that required fingerprint submission, assume your case is affected. This includes:
This is not a hold limited to applicants from specific countries. It is an approval hold on pending cases across the board.
In most cases, no. USCIS has indicated it will use fingerprints already on file — meaning new biometrics appointments at an Application Support Center (ASC) should not be required for the majority of applicants.
However, fingerprints will be resubmitted through the updated vetting system. Until that process is completed for your case, USCIS will not issue an approval.
One important note: USCIS has directed officers not to resubmit fingerprints for cases they intend to deny. If your case is being denied, it will proceed regardless of this hold.
USCIS has publicly stated that processing delays should be "brief and resolved shortly." I would not rely on that characterization.
AILA — whose members are reporting on this in real time — recommends that attorneys advise clients to expect delays measured in months, not days or weeks. Rerunning background checks on potentially millions of pending cases through an updated database system is not a quick process, regardless of what official statements suggest.
Already-scheduled interviews appear to be proceeding as planned, with those cases being prioritized for the new checks. That is a meaningful piece of good news for anyone with an interview on the calendar.
Buried in the AILA alert is something that deserves careful attention: because USCIS now has access to more criminal history information than before, attorneys are preparing for an increase in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) tied to records that previously may not have surfaced.
This includes:
If you or a family member has any of this in your history — even something you were advised was legally irrelevant to your case — now is the time to discuss it with an attorney before USCIS contacts you first. An RFE or NOID is far easier to respond to effectively when you've had time to prepare.
1. Don't panic, but don't ignore this either. A processing hold is frustrating, but it is not a denial. Most applicants will eventually move through the new vetting system without issue. Patience is required.
2. Check whether your case has a scheduled interview. If you have an interview date, expect it to proceed. Prepare as you normally would.
3. Review your background honestly. If there is anything in your history — even something minor, old, or supposedly resolved — speak with an immigration attorney before USCIS raises it. Proactive preparation is always better than reactive damage control.
4. Don't make international travel decisions based on old assumptions. If your case involves travel, discuss your situation with an attorney before departing the U.S. Case delays can affect travel authorization in ways that aren't always obvious.
5. Monitor for official USCIS updates. This situation is evolving. AILA is tracking it closely and will publish updates as new information becomes available. So will I — check back here for developments as they emerge.
If you have a pending adjustment of status, asylum application, naturalization case, or family-based petition, I'm actively monitoring how this hold is playing out for clients. If you want to understand how this development affects your specific situation — especially if you have a scheduled interview, a pending EAD renewal, or anything sensitive in your background — reach out to me directly. Every case is different, and this is not the time to guess.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration laws and policies are subject to change, and individual circumstances vary. For advice specific to your situation, please consult with a qualified immigration attorney.
Oleg Gherasimov, Esq.
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