MVP “Immigration Q & A Forum” – 5/8/26

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MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

 

  1. When must I file Form I-751 with USCIS to remove the conditions on my green card? 

If you are a conditional lawful permanent resident based on your marriage to a United States Citizen, you are required to file Form I-751, Petition to Remove Conditions on Residence with the USCIS within 90 days of the expiration date as listed on your conditional green card. Form I-751 requires a filing fee of $750.00, and can be filed jointly with your U.S. citizen spouse or individually based on certain circumstances. The current processing times for Form I-751 are 29.5 to 35.5 months. 

  1. Is the Public Charge pause still going on? If yes, what countries are subjected to this pause on the issuance of Green Cards? 

Yes, the Public charge pause is still in effect.

Effective January 21, 2026, the Department of State has paused all visa issuances to immigrant visa applicants who are nationals of the following countries:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Source:   https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-processing-updates-for-nationalities-at-high-risk-of-public-benefits-usage.html

  1. I heard about the bond requirement for Visitor Visas, and I wanted to know if my 1st cousin would have to post a bond to come to visit me in the States for the birth of my child. She is like a mother to me and I’m not sure what I would do if she can’t be by my side. 

You did not provide your cousin’s country of birth. Depending upon the country, it is possible she may be subject to the new bond requirement. The Department of State has created a bond program for nationals from countries with high rates of visa overstay. A visa overstay means remaining in the United States beyond the departure date listed on your I-94 record. The bond amounts can be $5,000, $10,000, and $15,000 and will be returned upon a nationals return to their home country. For those subjected to the bond, they would need to use a specific port of entry for arrival to the U.S. and for departure from the U.S.

To review the countries subject to the Visa bond program: https://travel.state.gov/content/travel/en/News/visas-news/countries-subject-to-visa-bonds.html

  1. Do we have to do anything beforehand to use Form G-1450 for credit card payments to USCIS? Like verifying our information or anything?

Form G-1450, Authorization for Credit Card Transactions, is a Form to make payment to the USCIS directly from your credit card. You must complete all sections of the form and provide a ‘wet’ signature on the form prior to submission to USCIS. You need to ensure there are sufficient funds on the credit card to cover all your filing fees. USCIS will not attempt to process your credit card payment a second time and your case will be rejected and returned to you if the payment is insufficient.

  1. What is the rule of law? 

Everyone must follow the law. Leaders must obey the law. Government must obey the law. No one is above the law.

These responses are found on the USCIS website under the Naturalization materials. When an eligible applicant applies for Naturalization, they will be tested on U.S. history and government (civics) at their Interview, and they must study for the civics test. The USCIS provides 128 civics questions along with the answers to assist individuals in preparing for the civics test.

You can test your knowledge of U.S. history and government here:

https://www.uscis.gov/sites/default/files/document/questions-and-answers/2025-Civics-Test-128-Questions-and-Answers.pdf 

  1. I have DACA. Can I renew my DACA and EAD or has that program been terminated?

 The Deferred Action for Childhood Arrivals (DACA) program created through Executive Order under the Obama Administration (2012) remains available for those filing to renew their DACA status. The USCIS will not process any initial requests for DACA, they will only process renewal requests for existing DACA holders. It is advisable that you renew your DACA and EAD as early as possible as USCIS is already significant behind in processing Employment Authorization Documents (EADs). 

  1. What is the difference between CPT,  OPT and STEM OPT?

 CPT stands for Curricular Practical Training, and it may be offered in conjunction with pursuing an educational degree program. It provides concurrent work authorization for a foreign international student whose curriculum is directly related to the work the student is to be engaged in. If a foreign national student engages in 12 months or more of full time CPT, they will not be eligible to receive OPT at the conclusion of their degree program.

OPT stands for Optional Practical Training, and it is offered at the conclusion of completing an educational degree program. It provides 12 months of work authorization for a foreign international student in a job related to their field of study.

STEM OPT is an additional 24 months of practical training for those who graduated with degrees in Science, Technology, Engineering and Mathematics. To be eligible for STEM OPT, your degree field must be on the DHS STEM Designated Degree Program List, your employer must be enrolled in E-Verify, and you and your employer must enter into an official training program by executing Form I-983, Training Plan for STEM OPT Students.

For more information visit: https://www.ice.gov/sevis/practical-training

To schedule a consultation with our Immigration Attorney, please contact our office at 240-390-0600.

  1. I am a U.S. citizen, and I am pregnant and due to give birth within the next two weeks. My husband is awaiting the scheduling of his Immigrant Visa interview in Grenada. He has a visitor visa that remains valid until October of 2030. Will he be able to enter with the visitor visa for our child’s birth?

He should be able to enter based on the Department of State’s published guidance. Per the Department of State, this pause does not apply to tourist visas. This pause is specifically related to the issuance of Immigrant Visas (i.e., Green Cards). The Department of State website states the following “Tourist visa are nonimmigrant visas.”

Source: https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-processing-updates-for-nationalities-at-high-risk-of-public-benefits-usage.html

  1. I am not an Attorney, but I want to help. What can I do? 
  • Let your voice be heard! Contact by telephone, email or by writing a letter to your U.S. Senator & House Representatives on a daily, weekly, or monthly basis and let them know you do not approve of this administration’s actions on Immigration. They must document and respond to every communication received by a constituent.
  • Serve as an Observer in Immigration Court (with the American Bar Association).
  • Serve as an interpreter for a non-profit that assists pro se applicants with their Immigration Court screenings.
  • Donate to a local non-profit serving the Immigrant population. Non-profits within the State of Maryland can be found here: https://goci.maryland.gov/community-partners/. Another worthy non-profit that directly helps the detained immigrant population is the Amica Center for Immigrant Rights: https://amicacenter.org/ 
  1. I am from a country listed on the travel ban. Should my spouse file for me or wait to file?

If you are eligible for a U.S. immigration benefit, I would not delay the filing of your case. It is better to at least file and save your place in line, then risk having the immigration benefit you are seeking disappear or be delayed even further in your immigration journey. You should contact an experienced Immigration Attorney to discuss your case along with all risks/consequences of filing prior to filing.

 

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, May 22, 2026!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

 

Attorney Kellie Lego, 2026 Super Lawyer

MVP Law Group social media:

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