USCIS to Consider Country-Specific Factors When Reviewing Immigration Requests

On November 27, 2025, USCIS issued new guidance allowing for negative, country-specific factors to be considered when adjudicating immigration benefit requests from individuals from certain “high-risk” countries. This comes in response to the November 26, 2025 shooting of two West Virginia National Guard members by a suspect who is an Afghan national. Here is what we know so far.

Brief Background 

President Trump issued Presidential Proclamation 10949, “Restricting the Entry of Foreign Nationals To Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” on June 4, 2025. In the Proclamation, President Trump restricted U.S. entry of nationals from 19 countries claimed to be “so deficient as to warrant a full suspension of admissions and countries that warrant a partial suspension of admission” and/or “has a significant terrorist presence within its territory, its visa-overstay rate, and its cooperation with accepting back its removable nationals” which pose a risk to the United States. He fully suspended U.S. entry for nationals of 12 countries and partially suspended U.S. entry for 7 countries. The Proclamation was targeted at entry, meaning it applied to individuals who were outside the United States without a valid U.S. visa.

Countries Impacted

Full Suspension of Entry

• Afghanistan

• Burma

• Chad

• Republic of Congo

• Equatorial Guinea

• Eritrea

• Haiti

• Iran

• Libya

• Somalia

• Sudan

• Yemen

Partial Suspension of Entry

• Burundi

• Cuba

• Laos

• Sierra Leone

• Togo

• Turkmenistan

• Venezuela

USCIS Policy Update: What’s Changed?

The November 27 policy alert, “Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits,” expanded the Proclamation to allow USCIS discretionary power to negatively adjudicate pending or filed immigration benefit requests from nationals of those 19 “high-risk” countries who are already in the U.S. This is an augmentation of Presidential Proclamation 10949, which was aimed at barring entry of foreign nationals seeking to enter the United States. USCIS may now “consider relevant country-specific facts and circumstances” when adjudicating, among others, certain adjustment of status applications and requests for extensions or changes of nonimmigrant statuses. The guidance was effective upon publication. 

Anticipated Outcome

In statements to news outlets, The Department of Homeland Security expressed it will immediately halt processing of all immigration requests relating specifically to Afghan nationals. Applicants from the remaining 18 countries will likely face increased scrutiny during USCIS adjudication. This may come in the form of additional Requests for Evidence, delayed processing times, requests that are simply never adjudicated, or flat-out denials. USCIS adjudication times of requests for individuals from other countries may also soar as the agency devotes time and manpower to implementation of the new policy.

If you have questions about how this policy may impact you or your organization, please feel free to contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.

Sources:

Iyer, Kaanita. “US Will Reexamine All Green Cards Issued to People from 19 Countries as Trump Administration Ramps up Immigration Crackdown | CNN Politics.” CNN, Cable News Network, 28 Nov. 2025, www.cnn.com/2025/11/27/politics/us-reexamining-green-card-holders-19-countries. 

Policy Alert: Impact of INA 212(f) on USCIS’ Adjudication of Discretionary Benefits, U.S. Citizenship and Immigration Services, 27 Nov. 2025, www.uscis.gov/sites/default/files/document/policy-manual-updates/20251127-Discretion.pdf. 

Trump, Donald J. “Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats.” Federal Register: Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, Office of the Federal Register, 10 June 2025, www.federalregister.gov/documents/2025/06/10/2025-10669/restricting-the-entry-of-foreign-nationals-to-protect-the-united-states-from-foreign-terrorists-and. 

USCIS Implements Additional National Security Measures in the Wake of National Guard Shooting by Afghan National, U.S. Citizenship and Immigration Services, 27 Nov. 2025, https://www.uscis.gov/newsroom/news-releases/uscis-implements-additional-national-security-measures-in-the-wake-of-national-guard-shooting-by.