A Major Policy Shift for Foreign Nationals in the U.S.
On December 2, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0192, placing a hold on all pending asylum applications and many immigration benefit requests from foreign nationals originating from countries identified in Presidential Proclamation 10949. This directive signals one of the most sweeping immigration reviews in recent years, affecting thousands of individuals navigating the U.S. immigration system.
If you are a visa holder, asylum seeker, or foreign investor from any of the 19 countries listed in PP 10949, this change directly affects you. But what does this mean in real terms, and what can you do about it?
Who Is Affected?
According to USCIS, this hold applies in three major ways:
- All asylum applications (Form I-589) are on pause, regardless of the applicant’s nationality.
- All pending benefit requests—including but not limited to Forms I-485, I-90, I-131, and I-751—filed by foreign nationals from the countries listed in PP 10949 are under review.
- Even approved benefit requests from these nationals (filed on or after January 20, 2021) are being re-reviewed for potential national security risks.
That means individuals who already received approvals for green cards, parole, or advance parole documents may be subject to re-interview, reevaluation, or revocation.
Why Is This Happening?
The move is a response to national security incidents involving individuals from countries the U.S. government deems “high-risk.” Following multiple domestic terrorism attempts, including one on Election Day 2024, the White House issued Executive Order 14161 and Proclamation 10949, authorizing heightened scrutiny and restrictions on immigration benefits from affected regions.
The government cites its authority under Section 212(f) of the Immigration and Nationality Act (INA) to restrict entry or suspend immigration benefits to individuals who may pose a threat to national security.
What Is the Process Now?
Every impacted application will go through an individualized, case-by-case review. This includes:
- Screening against the Terrorist Screening Dataset (TSDS)
- Mandatory in-person interviews (no waivers allowed)
- A re-evaluation of grounds of inadmissibility under INA sections 212 and 237
Even if you’ve submitted all your documents and passed previous background checks, your application will remain in limbo until the USCIS completes this reassessment.
Implications for Investors and Professionals
If you’re an EB-5 investor, employment-based visa holder, or foreign entrepreneur who was born in, or holds citizenship from, one of the listed countries, this hold can delay:
- Green card adjudications
- Advance parole or re-entry permits
- Adjustment of status applications
This could impact your ability to travel, work authorization, and the timeline of your business or investments.
As the hold is indefinite, and will remain in place until lifted by a new USCIS memorandum, it is crucial to proactively seek legal counsel to mitigate risks and prepare contingencies.
What Should You Do Now?
Here are three essential steps to consider:
1. Get a Case-Specific Legal Review
Even if you’re not from a high-risk country, asylum applications are paused across the board. For those who are, a detailed review of your file can help identify any flags or vulnerabilities that may trigger delays or denials.
2. Maintain Status Diligently
Ensure all your visa extensions, EAD renewals, and status documents are timely filed and maintained. Avoid any lapse, as the window for discretionary relief is narrowing.
3. Limit International Travel
Advance parole requests are included in the hold. If you leave the U.S., you may not be able to re-enter, even with a pending application. It is safer to remain in the country and maintain compliance with all requirements.
Final Thoughts: Caution Without Panic
This is not a blanket denial, but rather a temporary hold and re-review process. However, it does represent a more aggressive enforcement stance from USCIS, one that underscores the importance of strategic legal planning.
As the landscape continues to evolve, Ahluwalia Law Offices remains committed to providing our clients with timely, trustworthy, and tenacious advocacy. If your application may be affected by this memorandum, we encourage you to contact our office for a consultation.
