MVP “Immigration Q & A Forum” – 7/31/26

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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. Is there a new program to get an expedited visitor visa interview?

Yes. The Nonimmigrant Visa Expedited Appointment Pilot Program was just announced on July 22, 2026. The Pilot program will be tested at select U.S. embassies and consulates through December 31, 2026. Under the program those eligible for a B visa (Visitor Visa), may pay a $750.00 per appointment fee to schedule a visa interview within 10 business days (subject to availability). This fee is in addition to the normal $185.00 MRV fee required when scheduling an appointment. The expedited appointment fee is not refundable.

Thus far only Mission Mexico (Embassy and all consulates) is participating in the pilot program.

Source: https://travel.state.gov/content/travel/en/News/visas-news/niv-visa-expedited-appointment-pilot-program.html

  1. Should we just leave? Everywhere we turn the messaging is for us to leave. Some of the notices we have received say that if we leave now, we will be able to come back later to resume our process. What should we do?

 You should contact a reputable Attorney’s office to schedule a consultation/legal screening. Or, contact a non-profit organization that assists Immigrants for a legal screening for any relief that may be available. Whatever you do, do not leave without speaking with an Immigration Attorney first. It is highly recommended that you speak with a qualified Immigration Attorney for a full discussion of your rights, the rule of law, how due process works in the United States, and the real consequences involved if you were to self-deport.

  1. My employer is filing my H-1B extension and has requested my I-94 record. I have not left the United States for several years. I know it is no longer a paper-based record.  Where can I find it?

 You may visit https://i94.cbp.dhs.gov/home and click on the option to Get most recent I-94.

  1. I need an Attorney for an upcoming hearing at the Immigration Court?

The Department of Justice, Executive Office of Immigration Review (EOIR), provides a List of Pro Bono Legal Service Providers by State that are reputable agencies available to assist individuals in proceedings before EOIR.

  1. What is the difference between the IR3 and IR4 category?

IR3 is reserved for adoptions finalized abroad, and upon entering the United States and meeting other age and custody requirements, Citizenship is automatic; whereas IR4 is reserved for children who will be adopted in the United States. The IR4 category requires a full and final adoption proceeding in a U.S. State Court, along with meeting other age and custody requirements before Citizenship is automatic.

To establish citizenship, qualifying applicants may apply for a U.S. passport and/or file Form N600, Application for Certificate of Citizenship with the United States Citizenship and Immigration Services (USCIS).

  1. What countries still have Temporary Protected Status (TPS)?

 The countries that are still currently designated for Temporary Protected Status are: Burma (Myanmar), El Salvador, Ethiopia, Lebanon, Somalia, South Sudan, Sudan, Ukraine, and Venezuela.

The TPS designations for Somalia, Burma (Myanmar), Honduras, Nepal, Nicaragua, Ethiopia, South Sudan, and Venezuela are currently under active litigation.

Countries whose TPS was recently terminated include Haiti, Syria, and Yemen

Countries previously designated for TPS prior to the Trump Administration were: Afghanistan, Cameroon, Guinea, Liberia, and Sierra Leone

  1. Do we have to verify our information beforehand to use Form G-1450 for credit card payments to USCIS?

You should contact the credit card company beforehand to ensure there are sufficient funds on the credit card to cover all your filing fees, and to notify them of the upcoming charges to the card so they do not HOLD them or REJECT them. 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. USCIS will not attempt to process your credit card payment a second time. Your case will be rejected and returned to you if the payment is insufficient.

  1. Who is subject to the bond requirement for obtaining a Visitor Visa?

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. Does the memo released by USCIS in May of 2026, stop people who are otherwise eligible from applying for their Green Card from the United States? Can we still apply from within the U.S.?

 The memo does not change the law, statutory eligibility criteria, or stop USCIS from processing and approving I-485, Application to Adjust Status petitions. People who are eligible for adjustment of status should speak with an experienced Immigration Attorney to discuss their case. Adjudications by USCIS will continue to be made on a case-by-case basis.

  1. Will there be a second lottery drawing for the H-1B CAP?

 No. There will NOT be a second lottery drawing for the FY2027 H-1B CAP. USCIS published an announcement on Friday, July 17, 2026, notifying the public that it had received enough H-1B CAP petitions to satisfy the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2027.

Source:  https://www.uscis.gov/newsroom/alerts/uscis-reaches-fiscal-year-2027-h-1b-cap

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, August 14, 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:

Blog: www.h1bvisalawyerblog.com

Website: www.mvplawgroup.com

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