On December 2, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum that listed 19 countries that it deemed to be “high-risk,” directing a hold and review policy of all pending asylum applications and certain immigration benefit requests for additional background checks and vetting. On January 1, 2026, USCIS expanded the list of countries to 39, including those that have Palestinian-issued travel documents.  This undoubtedly has caused confusion and worry.

This article primarily provides information and answers to what this pause means for those from one of the listed countries who are applying for immigration benefits from inside the U.S.

What USCIS’s Hold and Review Policy Means for Nationals of Paused Countries

USCIS has paused decisions on many applications for nationals from the listed “high‑risk” countries, but they have not stopped accepting filings. For most people, it remains critical to keep filing and maintaining status despite these delays.

What The Current USCIS “Pause” Actually Is

USCIS has implemented a “hold and review” policy for applicants who are citizens/nationals from a list of 39 “high-risk” countries tied to recent presidential proclamations and DHS policy memoranda.

Under this policy, USCIS may accept and preliminarily review applications, but final adjudication (approval or denial) for many cases is paused while additional security and vetting checks are conducted.

The pause affects a broad range of benefits, including adjustment of status, employment authorization, extensions and changes of status, advance parole, and in some situations, naturalization and other discretionary benefits.

Being physically inside the United States does not automatically exempt someone from these holds. Cases filed from within the U.S. will be delayed for extra review while this policy is in effect.

Separate but related actions by the U.S. Department of State have indefinitely paused immigrant visa issuance at many embassies and consulates abroad for nationals of 75 countries, which primarily impacts consular processing rather than applications filed inside the U.S. This separate pause does not affect the issuance of nonimmigrant visas (i.e. student visas, tourist visas, work visas), unless the person is from one of the 39 countries.

Examples of Impacted Immigration Filings

• A family‑based adjustment of status (green card) case for a national of an affected country may move through biometrics and interview scheduling but be placed on “hold” before a final decision is issued.
• An employment‑based applicant from a listed country may experience unusually long delays in obtaining or renewing employment authorization due to extended background and security checks.

Why Immigration Filing is Still Important

From an immigration law perspective, the key distinction is between accepting filings and issuing decisions.

Current policies do not bar eligible applicants from filing applications; they place a hold on adjudication while additional vetting occurs.

For many noncitizens, timely filing is what preserves lawful status, stops unlawful‑presence accrual, and may keep work authorization and other benefits possible under existing regulations.

If someone chooses not to file out of fear, they may fall out of status, lose eligibility for extensions or changes of status, or miss critical priority dates or filing windows that cannot be recaptured later.

For example: A student from a listed country whose F‑1 status is about to expire may be eligible to change to H‑1B status through an employer. If they do not file a timely change‑of‑status application, they would be considered out of status, which impacts their ability to be eligible for a change of status in the U.S. Generally speaking, to be eligible for a change of status in the U.S., one must be maintaining legal status at the time of filing, unless an exception applies. Filing on time, even during a pause could allow a person to remain in the U.S. Waiting could significantly impact a person’s ability to obtain legal status in the U.S.

Legal Risks of Not Filing

Looking at this as an immigration attorney, the risks of inaction often outweigh the frustration of delay.

• Failure to file required extensions or changes of status on time can cause a loss of lawful status, limit the ability to adjust status in the future, and create grounds for removal proceedings.
• Missing priority‑date‑related filing opportunities (for example, when a visa bulletin date becomes current) can delay permanent residence eligibility for years, especially in categories with long backlogs.
• Individuals whose prior approvals are now subject to “re‑review” may need well‑documented, timely-filed renewals to demonstrate continued eligibility and good‑faith compliance if questions arise.

By contrast, filing and having a case placed on hold typically means:

• The application is in the system with a receipt date, preserving many rights tied to “pending” status (such as certain forms of work authorization and protection against unlawful‑presence accrual, depending on the benefit).
• If policies change again, cases already filed are often in a better position than cases filed after stricter rules or deadlines take effect.

Here are practical steps for people whose country appears on a current USCIS or State Department pause list:

• Do not assume you are barred from filing. USCIS is still accepting benefit requests; the main impact is on how quickly decisions are made, not whether you may apply.
• File as early and as completely as possible, with thorough documentation of identity, travel history, and eligibility, to reduce the chance of avoidable delays or requests for evidence.
• Maintain lawful status where possible and track expiration dates closely so that extension or change‑of‑status filings are made before status ends.
• For family and employment sponsors, continue preparing petitions and adjustment or consular‑processing steps so cases are ready to move the moment holds are lifted or consulates resume visa issuance.
• Work closely with qualified immigration counsel who monitors evolving policies and can advise on exceptions, dual‑national strategies, humanitarian options, and litigation or advocacy tools where appropriate.

For many clients from paused countries, the safest legal strategy is proactive: continue filing eligible applications, document your compliance, and treat the pause as a delay and not as a reason to step out of the immigration system altogether.

If you’d like to talk to me about your immigration situation, you can schedule a consultation online or by calling my office at 801-883-8204.

Sources:

• Travel State Gov
• NAFSA
• USCIS