INTRODUCTION:

August 2025 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

  1. Executive Order Limiting Birthright Citizenship and USCIS Implementation Plan
  2. DOS Implements Visa Bond Requirement for B1/B2 Applicants from Selected Countries Under New Pilot Program
  3. USCIS Implements Stricter Guidelines for Family-Based Petitions
  4. CSPA Age Determination Will Now Be Based on Final Action Dates
  5. USCIS Expands Discretionary Review for National Security Concerns
  6. DOS Updates Dropbox Interview Waiver Requirements
  7. USCIS Issues New Guidance on Good Moral Character for Naturalization
  8. U.S. Embassy Clarifies INA 221(g) vs. 214(b) Visa Refusals
  9. DHS Proposes Fixed Admission Period for F, J, and I Visas
  10. USCIS Restores Neighbourhood Investigations for Naturalization

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for August 2025.

EXECUTIVE ORDER LIMITING BIRTHRIGHT CITIZENSHIP: USCIS PREPARES IMPLEMENTION PLAN:

On January 20, 2025, the President signed an Executive Order redefining U.S. birthright citizenship. It excludes automatic citizenship for children born in the U.S. after February 19, 2025, if their mothers were either unlawfully present or in a temporary legal status, and their fathers were neither U.S. citizens nor lawful permanent residents. USCIS released an Implementation Plan on July 25, 2025, defining unlawfully present individuals as those who overstayed or entered without inspection, and lawful but temporary as non-immigrant visa holders, TPS recipients, parolees, and others with time-limited status.

Under the plan, such children would no longer receive automatic citizenship but could register for lawful status based on a parent’s temporary classification like policies for children of foreign diplomats. While currently inactive due to ongoing litigation (Barbara v. Trump), the plan outlines USCIS’s enforcement framework if the court lifts the injunction.

DOS IMPLEMENTS VISA BOND REQUIREMENT FOR B1/B2 APPLICANTS FROM SELECTED COUNTRIES:

The U.S. Department of State has launched a 12-month Visa Bond Pilot Program, starting August 20, 2025, targeting B1/B2 visa applicants from countries with high overstay rates, weak vetting, or citizenship-by-investment programs. Initially applied to nationals of Malawi and Zambia, the program may expand to other countries with 15 days’ notice. Applicants may be required to post a bond of $5,000, $10,000, or $15,000 at the discretion of the consular officer. Approved applicants will receive a single-entry visa valid for 3 months, allowing a maximum 30-day to stay, with entry and exit restricted to designated U.S. airports.

Bond cancellation can be requested within 30 days of U.S. departure or prior to travel. The bond will be cancelled if the applicant does not travel, is denied a visa or entry, departs before their I-94 expires without unauthorized employment, or complies with an approved extension or change of status. The pilot program will remain in effect until August 5, 2026

USCIS IMPLEMENTS STRICTER GUIDELINES FOR FAMILY-BASED IMMIGRATION PROCEDURES:

Effective August 1, 2025, USCIS has updated its Policy Manual to impose more stringent requirements on family based green card petitions. The updates consolidate eligibility standards, filing procedures, and documentary evidence requirements into one cohesive framework. Notably, USCIS will increase scrutiny of multiple or closely related I-130 petitions, with the aim of identifying and preventing fraudulent submissions.

Additionally, the new guidance clarifies when direct consular filing is allowed, especially for U.S. military and government personnel stationed overseas. USCIS may also now mandate in-person interviews for a broader range of cases, even if not previously required. Importantly, USCIS emphasizes that approval of a petition does not guarantee a green card beneficiary who are otherwise removable may still receive a Notice to Appear (NTA)

CSPA AGE WILL NOW BE BASED ON FINAL ACTION DATE EFFECTIVE AUGUST 15, 2025:

Effective August 15, 2025, USCIS has aligned its Child Status Protection Act (CSPA) policy with the Department of State by requiring that age calculations be based on the Final Action Dates chart, rather than the previously permitted Dates for Filing chart. This change removes the flexibility introduced in 2023 and represents a return to a stricter interpretation of eligibility rules.

Under the new guidance, a child’s age will now be frozen based on the Final Action Date in effect at the time of filing Form I-485, Adjustment of Status. While USCIS has indicated that it will consider extraordinary circumstances in cases where applicants missed the one-year deadline to seek to acquire permanent residence, such requests will be reviewed on a case-by-case basis. The change is intended to ensure consistency between USCIS and DOS procedures

USCIS EXPANDS DISCRETIONARY REVIEW TO ADDRESS NATIONAL SECURITY AND ANTI-AMERICAN ACTIVITY

As of August 19, 2025, USCIS has expanded its policy on discretionary reviews for immigration benefits to explicitly target applicants perceived to pose national security threats. The updated guidance states that individuals who have shown support for terrorist organizations, antisemitic groups, or anti-American ideologies may have their applications denied on discretionary grounds.

This policy applies even if such affiliations or views were expressed indirectly, including on social media platforms. USCIS has enhanced its screening tools to identify applicants with problematic associations and will deny benefits where discretion is deemed inappropriate. This represents part of a broader trend toward tightening immigration vetting in response to security concerns.

DOS UPDATES DROPBOX – INTERVIEW WAIVER REQUIREMENTS EFFECTIVE SEPTEMBER 2, 2025:

Effective September 2, 2025, the U.S. Department of State has announced revised eligibility guidelines for the Interview Waiver Program, commonly referred to as Dropbox. Under the new policy, most applicants under the age of 14 or over the age of 79 will now be required to attend in-person visa interviews, with limited exceptions. Furthermore, only B1/B2 visa renewals submitted within 12 months of expiration and certain diplomatic categories (such as A, G, NATO, and TECRO) will continue to qualify for waivers.

Applicants must now apply from their country of nationality or legal residence, must not have had any prior visa refusals, and should have no ineligibility concerns. Although these are the general rules, individual U.S. embassies and consulates may still request in person interviews at their discretion. GLF strongly recommends checking the official website of the U.S. consulate relevant to your jurisdiction before scheduling your visa application

USCIS ISSUES NEW GUIDANCE ON GOOD MORAL CHARACTER FOR NATURALIZATION

In a new policy memorandum (PM-602-0188), USCIS has reinstated a holistic approach to evaluating Good Moral Character (GMC) for naturalization applicants. Officers are now instructed to consider both negative and positive conduct during the review process, rather than relying solely on criminal or immigration violations to make determinations.

While past infractions such as multiple DUIs or instances of fraud may still negatively impact an application, they are not automatically disqualifying if the applicant can provide evidence of rehabilitation. USCIS will now also weigh positive factors such as community service, educational accomplishments, and tax compliance in their evaluations. Applicants are encouraged to submit well-documented proof of their good moral character

U.S. EMBASSY IN INDIA CLARIFIES 221(g) VS. 214(b) VISA REFUSALS

The U.S. Embassy in India has released new guidance to help applicants understand the difference between Section 221(g) and Section 214(b) visa refusals. A 221(g) refusal is typically issued when additional documents or administrative processing are required before a final decision can be made. In such cases, applicants have up to one year to respond with the necessary documentation.

In contrast, a 214(b) refusal is a permanent denial under U.S. immigration law, generally due to the applicant’s failure to demonstrate sufficient ties to their home country. Applicants who receive a 214(b) refusal must start a new application process, including submission of a new DS-160 form and payment of the Machine-Readable Visa (MRV) fee. Understanding these distinctions is essential for planning future visa applications

DHS TO END DURATION OF STATUS FOR F, J, AND I VISAS – NPRM PUBLISHED AUGUST 28, 2025

On August 28, 2025, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would eliminate the traditional Duration of Status (D/S) designation for F, J, and I visa holders. If finalized, this rule would replace the open-ended D/S model with a fixed period of authorized stay based on program length, plus a short grace period.

Students and exchange visitors would be required to file for an extension before their authorized stay expires. The proposed rule is currently open for public comment, allowing stakeholders 30 days to provide feedback. If implemented, this change would significantly alter how these visa categories are managed and monitored in the future.

USCIS RESUMES “NEIGHBORHOOD” INVESTIGATIONS FOR NATURALIZATION CASES

In line with Section 335(a) of the Immigration and Nationality Act (INA), USCIS has resumed conducting in-person neighbourhood investigations for certain naturalization applicants. Officers may request verification letters or testimonials from neighbours, employers, and community leaders to assess the applicant’s eligibility.

These investigations are intended to validate the applicant’s continuous residence, moral character, and attachment to constitutional principles over the five-year statutory period. Previously waived due to resource constraints, these checks will now be carried out at the discretion of USCIS field offices. Applicants should be prepared to present supporting documentation of community involvement and local residency

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At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters.    

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