MVP “Immigration Q & A Forum” – 8/22/25

1. As a business owner, should I conduct an internal audit of my I-9 forms to be prepared in case of a formal audit by Immigration & Customs Enforcement (ICE)?

Yes, you should conduct an internal audit of your company’s I-9 forms to be prepared in case of a formal audit by ICE or HSI (Homeland Security Investigations). In this environment, the best defense is a good offense (it is better to be proactive and prepared). Our law firm routinely conducts internal Form I-9 Audits for our clients. If you are interested in discussing the I-9 audit process, please contact our office.

 

2. I heard about the new bond requirement for Visitor Visas, and I wanted to know if my sister would have to post a bond to come to visit me in the States and how all that would work?

The Department of State has created a pilot 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. As of 08/05/2025, only Malawi and Zambia are on the list. The pilot bond program went into effect 08/20/2025.

 

3. What forms are required for marriage to a U.S. Citizen?

The required forms to be filed with USCIS based on marriage are: Form I-130, Form I-130A; Form I-485, and Form I-864 (Affidavit of Support) for the Petitioner, and each Joint Sponsor. There are ancillary benefits available when filing Form I-485, those benefits are Employment Authorization (Form I-765), and Travel Authorization (Form I-131). Forms I-765 and I-131 are not required to be filed; however, if you want work authorization and the ability to travel while your I-485 is pending, then you should include those forms when filing with USCIS based on marriage along with the applicable filing fees. We recommend after the release of the 08/01/2025 USCIS family based policy memo that you seek the assistance of a qualified immigration attorney to prepare and file your Marriage Based case.

 

4. Will there be a second random lottery selection process for the FY2026 H1B CAP registration process?

No. USCIS received enough petitions during the period of April 1, 2025, through June 30, 2025, to reach the congressionally mandated H-1B CAP for FY2026. The announcement was made by USCIS on July 18, 2025.

 

5. Is the USCIS still concurrently processing H4/H4 EAD requests filed with the H-1B in premium processing?

Under the Eadkunni v. Mayorkas settlement agreement (2023), USCIS was required to simultaneously adjudicate a properly filed H4 application if concurrently filed with a properly filed H-1B petition in regular or premium processing. The terms of the 2 year settlement agreement expired on January 18, 2025. However, as of August 1, 2025, we received notification

from USCIS that a properly filed H4 petition and H4 EAD petition were simultaneously processed and approved with the properly filed H-1B petition filed with premium processing. This was certainly a positive outcome for our client; however, it is unclear whether USCIS will continue to use their discretion to simultaneously adjudicate these types of concurrently filed cases.

 

6. If USCIS denies my family based I-485 petition, will I be issued a Notice to Appear?

It is possible. USCIS’ policy manual has always indicated that upon a denial of an immigration benefit, USCIS may issue a Notice to Appear in Immigration Court. On August 1, 2025, USCIS released a memo informing the public that they have made revisions to the policy manual specifically to clarify that they may issue a Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal. It is important to speak with a qualified Immigration Attorney before submitting any request for an immigration benefit to USCIS.

 

7. Should I along with my family be carrying proof of our U.S. citizenship when outside of our home?

Everyone has basic rights under the U.S. Constitution and civil rights laws. You do have the right to remain silent, and if you wish to exercise that right, you should show your Red Card, or if you do not have Red Card, say it out loud that you wish to remain silent. Whether to remain silent or speak with the authorities will depend on a case-by-case basis. As a United States Citizen, if you do not wish to be caught up in the mass deportation frenzy happening within the United States, you may carry a copy of the biographical page of your passport on your person along with a U.S. state issued identification card or U.S. state issued driver’s license. Please note that by displaying the copy to the authorities, they may not believe the authenticity of the document and could still subject you to further questioning. You have the right to remain silent. You have the right to refuse consent to a search of your person, your car and your home without a judicial warrant. You have the right to speak with an Attorney before answering any questions. You should NOT sign anything. If you do not have a Red Card, order your Red Card or print one out here – https://www.ilrc.org/red-cards-tarjetas-rojas.

 

8. I will be eligible to file for Naturalization next year in June 2026. I heard that it may be more difficult now, can you tell me what has changed?

On August 15, 2025, USCIS issued another policy memorandum which establishes a new good moral character (GMC) evaluation standard for people applying for Naturalization. USCIS must now account for individuals’ positive attributes, not only the absence of misconduct, when making a determination. The positive factors include, but are not limited to: Sustained community involvement and contributions to the U.S., Family caregiving, responsibility and ties in the U.S.; educational attainment; stable and lawful employment history and achievements; length of lawful residence in the U.S.; and compliance with tax obligations and financial responsibility in the U.S. Disqualifying behavior include, but are not limited to: Permanent bars to GMC; Conditional bars to GMC; any other acts that are contrary to the average behavior of citizens in the jurisdiction where applicant reside, reckless or habitual traffic infractions, or harassment or aggressive solicitation. USCIS contends that in assessing acts that are unlawful or contrary to the average behavior of citizens, they will review all available documentation and question applicants regarding the specific circumstances of their actions to determine if a situation/act should bar an applicant from naturalization. Based on this policy

memorandum, USCIS is holding applicants to a significantly higher standard than the rest of the American born U.S. population. This policy will result in less eligible applicants applying for Naturalization. If you are planning on applying for Naturalization under the Trump Administration, seek competent Immigration Counsel to assist you in the process.

 

9. USCIS is saying that my medical examination submitted with my first I-485 petition is no longer valid, yet the edition date is correct, and it was signed by a civil surgeon and was to be valid indefinitely. What happened? What did I do wrong? Are they right?

Unfortunately for you, the USCIS updated their policy manual on June 11, 2025 to reflect that a Form I-693, is only valid while the application the Form I-693 was submitted with is pending. For example, if a medical is attached to a one step I-130/I-485 filing, and the I-485 is later denied, USCIS has indicated that if the applicant is eligible to refile, they will need a brand new Form I-693 signed by a civil surgeon and cannot use the existing one.

 

10. What is expedited removal?

Expedited Removal allows the U.S. government to remove certain undocumented individuals without a hearing.

Expedited removal applies to:

– An undocumented person who enters the U.S. without authorization and is apprehended within 100 miles of the border;

– A person who arrives at a port of entry if they do not have entry documents;

– A person who tries to enter the U.S. through fraud or misrepresentation, with certain exceptions;

– A person who enters by sea without inspection;

– An undocumented person who has been in the United States for less than two (2) years;

– A person who has not been “admitted or paroled” into the United States and is unable to present evidence that they had been physically present in the U.S. for the previous two (2) years.