We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
USCIS Announces New Immigration Fees Under H.R. 1 — Effective July 22, 2025
U.S. Citizenship and Immigration Services (USCIS) has issued a Federal Register Notice (FRN) to implement new immigration-related fees mandated by the H.R. 1 Reconciliation Bill. These fees will apply to various benefit applications submitted on or after July 22, 2025, and forms postmarked on or after August 21, 2025, without the proper fees will be rejected.
Key Fee Changes Include:
- $100 filing fee for Form I-589 (Asylum and Withholding of Removal)
- $100 Annual Asylum Fee (AAF) for each year the asylum application remains pending
Form I-765 (Employment Authorization Document) fees for asylum, TPS, and parole categories [(a)(4), (a)(12), (c)(8), (c)(11), (c)(19), (c)(34)]:
- $550 for initial EAD
- $275 for renewal or extension
Exception: EADs filed after an approved re-parole under Form I-131 will be charged the lower $275 fee
- $250 fee for Special Immigrant Juvenile (SIJ) Form I-360 filers
- $500 TPS registration fee for Form I-821 (increased from $50)
Important:
- These H.R. 1 fees are charged in addition to the existing USCIS fees listed under 8 CFR Part 106.
- H.R. 1 fees cannot be waived or reduced, even if the applicant is eligible for a fee waiver for the standard USCIS fee.
- Separate payments are required for each applicable fee.
- Fee waiver requests (e.g., Form I-912) may still be submitted for the regular USCIS fees, but they will not apply to H.R. 1-mandated fees.
USCIS Report Reveals Widespread Abuse of Special Immigrant Juvenile (SIJ) Program
In a newly released report, U.S. Citizenship and Immigration Services (USCIS) has uncovered alarming vulnerabilities in the Special Immigrant Juvenile (SIJ) program, raising serious national security and public safety concerns. The report, titled “Criminality, Gangs, and Program Integrity Concerns in Special Immigrant Juvenile Petitions,” examines over 300,000 SIJ petitions filed from FY 2013 through February 2025 and highlights how criminal actors have exploited the system. Key Findings:- Over 50% of SIJ petitioners in FY 2024 were over the age of 18, challenging the program’s intent to protect vulnerable minors.
- Many petitioners entered the U.S. without inspection and originated from countries of national security concern.
- Several SIJ applicants engaged in identity fraud, submitting falsified names, birth dates, and citizenship information.
- Most alarmingly, over 850 known or suspected gang members filed SIJ petitions—more than 600 affiliated with MS-13, of which over 500 were approved. These include individuals charged with racketeering, violent assaults, and other serious crimes.
Other gang affiliations among SIJ petitioners include:
- 100+ members of the 18th Street Gang
- At least 3 members of Tren de Aragua
- Dozens of Sureños and Norteños gang members
“Criminal aliens are infiltrating the U.S. through a program meant to protect abused, neglected, or abandoned alien children,” said USCIS Spokesman Matthew J. Tragesser. “This report exposes how the open border lobby and activist judges are exploiting loopholes in the name of aiding helpless children.”
Policy Response: In response to these findings, USCIS rescinded its prior policy of automatically considering deferred action for SIJ beneficiaries as of June 6. The Trump administration is now exploring further reforms to:- Strengthen vetting and anti-fraud measures
- Address public safety and national security risks
- Ensure the SIJ classification remains reserved for the truly vulnerable minors it was originally designed to protect
Background:
Established by Congress in 1990, the SIJ program was designed to offer immigration protection to foreign children in the U.S. who have been abused, abandoned, or neglected. However, SIJ classification currently has no statutory criminal bars or good moral character requirement, making it vulnerable to misuse by individuals with serious criminal backgrounds.
Stay informed:
This report underscores the urgent need for bipartisan legislative and administrative action to restore the integrity of humanitarian immigration protections while ensuring the safety of U.S. communities.How to Extend Your B-2 Visa Without Jeopardizing Future Entry: A Strategic Guide for the Trump Era
Bottom Line Up Front:
B-2 visa extensions carry significant risks under heightened immigration scrutiny. File only with compelling reasons, maintain meticulous documentation, and prioritize timely departure over extension approval to preserve future entry eligibility.
Current Immigration Climate Under Trump Administration:
The immigration landscape has shifted dramatically since President Trump’s return to office in January 2025. The administration has implemented “extreme vetting” of all visa applicants and those already in the United States, with heightened scrutiny expected at all levels of immigration processing. These changes include the elimination of USCIS deference to prior decisions, increased scrutiny of employer visa petitions, and more frequent Requests for Evidence (RFEs) and denials. Key Policy Changes Affecting B-2 Visa Holders: Enhanced vetting applies to temporary visas including B-1 and B-2, with foreign nationals applying for visas at U.S. Consulates and Embassies likely facing administrative processing and extended delays. Processing times may increase due to policy reviews, staffing adjustments, and prioritization of certain visa categories. Understanding B-2 Visa Extensions: The Critical Basics: What is a B-2 Visa Extension? A B-2 visa extension allows you to request additional time in the United States beyond your authorized stay using Form I-539, Application to Extend/Change Nonimmigrant Status. The application should be submitted at least 45 days before your authorized stay expires, as shown on your Form I-94. The High-Stakes Reality: Critical Warning: Most extension requests for tourist visas will be denied, and serious immigration consequences arise when applicants file for extensions, especially if they remain beyond their I-94 departure date. The Extension Trap: Why Most B-2 Extensions Backfire: Automatic Visa Cancellation Risk: If the extension request is denied and the applicant has already been out of status, this cancels their visa and may prevent future entries into the U.S. under INA Section 222(g). Even if you have a multiple-entry visa, it is considered automatically cancelled under section 222(g) of the Immigration and Nationality Act, and this information is stored in USCIS records and U.S. consular databases. Unlawful Presence Consequences: If your visa has expired or your visa extension was denied, and you remain in the U.S., you are accruing unlawful presence. This can lead to reentry bans of 3 to 10 years or more. Specific Ban Periods:- 180+ days but less than one year of unlawful presence: 3-year reentry ban
- One year or more of unlawful presence: 10-year reentry ban
When Extensions Might Be Justified:
Qualifying Circumstances:
Extension requests should only be filed when a very good reason exists. Examples of qualifying reasons include family or personal emergencies, urgent medical reasons, unexpected business opportunities, seminars or conferences. Required Documentation: Medical Extensions: Extension requests based on medical reasons must include proof of a medical condition, including current treatment, the proposed length of the treatment, and how the treatment will be paid for. Financial Support: Extension requests should always include evidence to show that the applicant has sufficient funds to sustain himself or herself while in the U.S. Strategic Best Practices for B-2 Extensions: 1. File Early and Strategically- File at least 45 days before your stay expires or as soon as you determine your need to extend status. Given anticipated heightened scrutiny, employers and individuals are encouraged to file any petition renewals as early as possible and upgrade pending petitions to premium processing if applicable.
2. Document Everything Meticulously
- Maintain comprehensive records of your extension application
- Keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S.
- Document your departure date and compliance with any decisions
3. Prepare for Multiple Scenarios
- If Extension is Approved: You will be given a replacement I-94 with the new expiration/departure date. Make copies of this I-94 for subsequent trips to the United States.
- If Extension is Denied: The USCIS generally allows you 30 days to depart the U.S. starting from the date on the letter notifying you of their decision to deny your extension.
4. The Grace Period Protection
- The law affords a 120-day grace period regarding the accrual of unlawful presence where an applicant timely filed an extension request; unlawful presence will not begin to accrue until the extension request is denied, or until it has been pending for 121 days, whichever occurs first.
Critical Actions to Protect Future Entry:
1. Prioritize Timely Departure
- If an applicant does not have a good reason for an extension, the request will almost certainly be denied. Timely departure will ensure that their B visa remains valid for future use.
2. Maintain Legal Status Throughout
- It’s imperative to remain under a valid nonimmigrant status while your extension application is pending. Overstaying your visa without approval can have serious consequences.
3. Document Compliance
- No matter what the result of your extension request, you should always keep a copy and proof of all paperwork and communication you had with USCIS as this will be useful for your future visa needs.
4. Avoid International Travel During Processing
- It’s advisable to avoid any international travel until a decision is reached to prevent complications or potential denial at the port of entry.
Red Flags That Indicate You Should NOT File for Extension:
- Weak Justification: Wanting to “see more tourist attractions” or “spend more time with friends”
- Financial Insufficiency: Unable to demonstrate adequate funds for extended stay
- Previous Immigration Violations: Any history of overstays or status violations
- Intent to Immigrate: Any indication you’re seeking to remain permanently
- Employment Concerns: Any suggestion you’ve worked or plan to work without authorization
Emergency Protocols If Your Extension is Denied:
Immediate Actions Required:
- Departure Planning: When your visa extension is denied, you will need to leave the U.S. as soon as possible to avoid accruing unlawful presence.
- Legal Consultation: An immigration attorney can guide you through your options after a visa extension denial, including filing for adjustment of status, applying for waivers, and representing you in immigration court.
- Future Entry Preparation: Obtain a new B1/B2 visa stamp from a U.S. Consulate prior to future travel to the United States as a visitor.
Protecting Your Future Under Enhanced Scrutiny:
Documentation Strategy
In the current environment of enhanced vetting, maintaining pristine records is more critical than ever:
- Keep all USCIS correspondence and receipts
- Document all departures with airline tickets and boarding passes
- Maintain evidence of compliance with all immigration requirements
- Prepare explanatory documentation for any previous extensions or denials
Alternative Strategies:
Rather than risking an extension denial that could permanently damage your immigration record:
- Plan Shorter Initial Visits: Request shorter initial stays to avoid needing extensions
- Multiple Shorter Trips: Consider leaving and re-entering rather than extending
- Different Visa Categories: Explore whether other visa types better suit your needs
- Professional Guidance: Consult with immigration attorneys before making critical decisions
The Current Processing Reality:
B-1/B-2 Visitor Visa Extension processing times can range from approximately 3 to 8 months, but under the current administration’s enhanced scrutiny, expect even longer delays and higher denial rates.
Conclusion: Risk vs. Reward Analysis
The Trump administration’s renewed focus on immigration enforcement has fundamentally changed the risk-reward calculation for B-2 visa extensions. While the political landscape may shift, the resilience and preparedness of those impacted can help navigate these challenges.
Key Takeaways:
- Extensions are high-risk, low-reward in the current environment
- Timely departure protects future entry eligibility better than extension approval
- Meticulous documentation is essential for any immigration-related action
- Professional legal guidance is more valuable than ever under enhanced scrutiny
- Strategic planning should prioritize long-term immigration goals over short-term convenience
The safest approach for maintaining future entry eligibility is to depart the United States before your authorized stay expires, even if it means cutting your visit short. The consequences of an extension denial can follow you for years and may permanently affect your ability to visit the United States.
Disclaimer: This article provides general information only and should not be construed as legal advice. Immigration law is complex and subject to frequent changes. Consult with a qualified immigration attorney for advice specific to your situation, especially given the current policy environment.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
