U.S. Immigration Problems and Solutions To Get Visa and Green Card

Summary

Immigration lawyer Latoya McBean Pompey discussed delays and restrictions affecting U.S. immigration applications, then answered viewers’ questions about visas, green cards, removal proceedings, and citizenship.

Visa restrictions and litigation

• 75-country immigrant-visa pause: McBean cited a court filing reporting that only 706 of roughly 43,000 affected cases had been adjudicated, despite many applicants having completed interviews. She said embassies were imposing additional steps—including second interviews, updated medical exams, document requests, and management or other reviews—that were slowing decisions.
• CLINIC litigation: The court had vacated the policy behind certain refusals, but McBean said the government was applying new review procedures and many applicants were still waiting. She reported that plaintiffs in her firm’s case had received priority after the State Department instructed embassies to prioritize named plaintiffs. Most had been contacted, and some had received visas.

Her firm was assessing individual lawsuits and had not decided whether to launch another group case. It was not accepting additional plaintiffs into its existing case, which was at summary judgment.

• 39-country restrictions: McBean said she had seen little meaningful progress challenging the restrictions. She noted limited exceptions for some groups, including certain Iranian minorities and dual citizens. Affected applicants might still reach an interview but be refused under a blanket policy provision rather than issued a visa.

Public charge and embassy interviews

McBean said applicants should prepare for public-charge assessments by documenting relevant circumstances, including health, age, finances, education, work history, assets, and access to health insurance. She advised sponsors and applicants to be ready to explain the applicant’s likely circumstances in the United States. A lawful permanent resident can serve as a joint sponsor.

She also cautioned that some applicants were facing unexpected denials or new scrutiny, including at adjustment-of-status and naturalization interviews. In her view, a newer public-charge standard should not be applied to cases filed before September 18, 2026, and she recommended challenging its application to older cases.

Answers to common immigration questions

• Citizenship after marriage-based residence: The three-year naturalization route generally depends on remaining married to and living with the U.S.-citizen spouse. Someone who divorced and later remarried the same person may need to wait for the five-year route.
• Marriage during removal proceedings: Marriage to a U.S. citizen may support a family petition and potentially adjustment of status, but the relationship must be genuine. It cannot be entered into simply to avoid immigration court.
• Removal of conditions: A person may be able to file without a spouse’s cooperation in circumstances such as a genuine marriage that ended in divorce, abuse, or a qualifying hardship claim.
• Overstays and marriage petitions: Some visa overstays continue to receive marriage-based approvals, but applicants should prepare for detailed interviews and seek legal guidance, particularly given reports of questionable denials.
• Criminal and removal issues: McBean advised consulting an attorney before applying for citizenship when there is a criminal record. She also said detention at an ICE check-in is not certain, but people should prepare for that possibility and discuss their rights and options with counsel.
• Processing delays: McBean described I-130 petitions as taking longer, citizenship cases as commonly taking about a year with delays, VAWA cases as taking roughly three to four years, and I-601A waivers as typically taking about three years. She said K-3 visas had not proved useful in her experience and that DACA renewals remained delayed, with no new development reported in the litigation.
• Other questions: Viewers also asked about embassy case transfers, administrative processing, student visas, asylum withdrawals, travel while applications or charges are pending, and bond amounts. McBean emphasized that answers depend on each applicant’s status and circumstances.

Case example and broader commentary

McBean shared a firm success story involving a client from Guyana whose I-601A waiver was approved after more than two years. The waiver addressed the hardship his U.S.-resident mother would face if separated from him, along with her health needs and the family’s circumstances. McBean stressed that the waiver itself does not grant a green card; it allows the client to continue toward consular processing and an immigrant-visa interview.

She argued that delays and restrictive policies were separating families and preventing applicants from being assessed individually. Referring to Vice President JD Vance’s public remarks that immigration was moving too quickly, she suggested that this outlook was contributing to slower processing. She urged affected people not to lose hope and praised nonprofits and attorneys challenging the policies.

Presenters and contributors

• Presenter: Latoya McBean Pompey, immigration lawyer
• Referenced contributor: Attorney Carol, a colleague at McBean Law, was recommended for questions about embassy case transfers.