As of October 21, 2026, USCIS is allowed to re-review approved immigration benefits for nationals of the 39 travel-ban countries who entered the United States on or after January 20, 2021, while the government appeals the ruling that struck the policy down. On August 14, 2026, the First Circuit stayed that ruling only for the USCIS re-review policy and denied the rest of the government's request (1st Cir. order, No. 26-1703). The holds that froze pending green card, work permit and naturalization applications stay blocked.
This post covers what the re-review policy says, who it reaches, what the courts have done with it, and what it can and cannot lead to.
- USCIS Policy Memorandum PM-602-0192 (December 2, 2025) ordered a comprehensive re-review of approved benefits for nationals of travel-ban countries who entered the US on or after January 20, 2021.
- PM-602-0194 (January 1, 2026) extended the policy to the countries in Proclamation 10998, bringing the total to 39 countries plus Palestinian Authority travel documents.
- On June 5, 2026, the District of Rhode Island vacated the hold, re-review, asylum hold and country-specific factors policies in Dorcas International Institute of Rhode Island v. USCIS.
- On August 14, 2026, the First Circuit (No. 26-1703) stayed that ruling only for the Comprehensive Re-Review Policy and denied the rest of the government's stay request.
- On August 24, 2026, the Northern District of California enjoined the holds for a certified class in Red Eagle Law v. Edlow (No. 26-cv-04850-CRB); that order covers pending applications, not approved ones.
- Rescission of adjustment of status under 8 U.S.C. 1256(a) must occur within five years, though removal proceedings are a separate route, and denaturalization requires a federal court proceeding under 8 U.S.C. 1451(a).
What is the USCIS re-review policy?
USCIS created it in Policy Memorandum PM-602-0192, dated December 2, 2025. The memo did three things: it put a hold on every pending asylum application, put a hold on pending benefit requests from nationals of the countries in Presidential Proclamation 10949, and ordered a look back at benefits already granted (USCIS, PM-602-0192).
"Conduct a comprehensive re-review of approved benefit requests for aliens from countries listed in PP 10949 who entered the United States on or after January 20, 2021." USCIS, PM-602-0192 (December 2, 2025)
The memo says the re-review includes "a potential interview" and, if necessary, a re-interview, to assess national security and public safety threats and "any other related grounds of inadmissibility or ineligibility" (USCIS, PM-602-0192). A footnote says interviews for this population "shall not be waived under any circumstance," and another says "entered" may include admitted, inspected, paroled, or entered without inspection (USCIS, PM-602-0192).
The review looks at whether the person is listed in the Terrorist Screening Dataset, has links to terrorism-related or serious criminal activity, or cannot establish their identity (USCIS, PM-602-0192). The memo also says USCIS "may, when appropriate," extend the review to people who entered outside the post-January 2021 window (USCIS, PM-602-0192).
On March 30, 2026, USCIS gave its reason for looking back at past approvals:
"Many applicants for naturalization and lawful permanent residence were not sufficiently vetted. As a result, applications were approved and individuals were naturalized who should not have been." USCIS, Update on USCIS' Strengthened Screening and Vetting (March 30, 2026)
Which countries does the re-review cover?
The policy follows the travel-ban proclamations. PM-602-0192 applied it to the 19 countries in Proclamation 10949 of June 4, 2025 (USCIS, PM-602-0192). Proclamation 10998, signed December 16, 2025 and effective January 1, 2026, kept restrictions on the original countries, with some changes such as eased limits for Turkmenistan, and added more countries (Proclamation 10998, 90 FR 59717). USCIS says the two proclamations together "restricted entry from 39 countries" (USCIS alert).
The 39 countries in Proclamation 10998 are (Proclamation 10998, 90 FR 59717):
- Full restrictions: Afghanistan, Burkina Faso, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria and Yemen, plus people using Palestinian Authority travel documents.
- Partial restrictions: Angola, Antigua and Barbuda, Benin, Burundi, Cote d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia and Zimbabwe.
PM-602-0194, dated January 1, 2026, extended the hold and the re-review to the Proclamation 10998 list. Its wording differs slightly: its directive calls for a re-review of approved benefit requests "that were approved on or after January 20, 2021," although its background section still refers to people who entered on or after that date (USCIS, PM-602-0194). In their hold provisions, both memos say they apply to people who list a covered country as their country of birth or country of citizenship, and PM-602-0194 adds "aliens who have acquired Citizenship by Investment (CBI) listed in PP 10998" and people traveling on Palestinian Authority documents (USCIS, PM-602-0194). So a person born in Iran who now holds a Canadian passport may still count as being "from" a listed country.
What did the court rule in Dorcas v. USCIS?
On June 5, 2026, Chief Judge John J. McConnell, Jr. of the US District Court for the District of Rhode Island ruled for a coalition of nonprofits and unions in Dorcas International Institute of Rhode Island v. USCIS, No. 26-cv-132-JJM-PAS (D.R.I. memorandum and order). The court declared four policies unlawful and vacated them: the Benefits Hold Policy, the Global Asylum Hold Policy, the Comprehensive Re-Review Policy and the Country-Specific Factors Policy (D.R.I. memorandum and order).
On the re-review, the court held that USCIS had exceeded its statutory authority, because Congress set individual procedures for revoking or terminating benefits and USCIS "appears to have circumvented them entirely" (D.R.I. memorandum and order). The court also noted the uncertainty about where re-review leads:
"These concerns are understandable, given that USCIS never fully clarified in its Policy Memoranda whether termination or revocation of already-issued benefits was its end goal." Dorcas Int'l Inst. of R.I. v. USCIS, No. 26-cv-132 (D.R.I. June 5, 2026), at 101
USCIS said the court entered final judgment on June 11, 2026, that PM-602-0192, PM-602-0194 and Policy Alert PA 2025-26 "should be treated as if they are not in effect," and that it "strongly disagrees" with the order but would follow it pending further review (USCIS, Court Order on Hold Policies).
What did the First Circuit's August 14 order change?
The government appealed and asked the First Circuit for an emergency stay. A panel of Judges Montecalvo, Aframe and Dunlap granted it for one policy only (1st Cir. order, No. 26-1703).
"Therefore, we grant defendants-appellants' request for stay, in part, limited to the Comprehensive Re-Review Policy. The request for stay is otherwise denied." Order of Court, Dorcas Int'l Inst. of R.I. v. USCIS, No. 26-1703 (1st Cir. Aug. 14, 2026)
The appeal is from the Rule 54(b) partial final judgment the district court entered on June 11, 2026, and the panel said the government "has not met its burden" for a stay "with respect to the other two policies stayed by the district court" (1st Cir. order, No. 26-1703). The order is a stay pending appeal, not a ruling on the merits: it decides only what can happen while the appeal is heard. As of October 21, 2026, we found no merits decision in No. 26-1703.
Two practical gaps are worth knowing about. First, the PDFs of PM-602-0192 and PM-602-0194 on uscis.gov still carry a banner saying "This memorandum is no longer in effect due to court orders" (USCIS, PM-602-0194). Second, USCIS's alerts published since the stay do not include one on the August 14 order or on how the agency is applying the re-review now (USCIS newsroom alerts). So the court has allowed the re-review, but USCIS has not said publicly how or whether it is carrying it out.
How does Red Eagle Law v. Edlow fit in?
Red Eagle Law v. Edlow is a separate class action about pending cases. On August 24, 2026, Judge Charles R. Breyer of the Northern District of California certified a class of citizens or natives of the 39 countries or the Palestinian Authority with a pending asylum or benefit application subject to the hold, and ordered that their applications "be adjudicated in the normal course of USCIS's process" (N.D. Cal. order, No. 26-cv-04850-CRB). On August 28, USCIS said the order enjoins PM-602-0192 and PM-602-0194 and that it would follow its terms pending further review (USCIS, Recent Court Order on Hold Policies).
The class is limited to people whose applications had "not received final adjudication as of the date of class certification" (N.D. Cal. order, No. 26-cv-04850-CRB). On its face, then, Red Eagle protects pending applications from the hold. It does not address re-review of benefits that were already approved.
Where does each policy stand today?
| Policy | Document | Status on October 21, 2026 |
|---|---|---|
| Hold on pending benefit applications, 39 countries | PM-602-0192, PM-602-0194 | Vacated June 5, 2026; not covered by the First Circuit stay; also enjoined for the Red Eagle class on August 24, 2026 |
| Re-review of approved benefits | PM-602-0192, PM-602-0194 | Vacated June 5, 2026; vacatur stayed August 14, 2026 pending appeal, so USCIS may resume |
| Hold on all asylum applications | PM-602-0192 | Vacated June 5, 2026; not covered by the First Circuit stay |
| Country-specific factors as a negative discretionary factor | PA 2025-26 | Vacated June 5, 2026; not covered by the First Circuit stay |
| Appeal | 1st Cir. No. 26-1703 | Pending; no merits decision found |
Sources: D.R.I. memorandum and order, 1st Cir. order, N.D. Cal. order.
Can a re-review take away my green card or citizenship?
A re-review is a second look, not a revocation. Taking away a status still runs through the statute, and the statute sets limits.
- Green card through adjustment of status. Under 8 U.S.C. 1256(a), the government can rescind an adjustment if, within five years after it was granted, it appears the person "was not in fact eligible" (8 U.S.C. 1256). That five-year window applies to rescission itself: the same subsection says rescission is not required before removal proceedings begin and that an immigration judge's removal order is enough to rescind status (8 U.S.C. 1256). Our guide to how adjustment of status works covers the I-485 itself.
- Citizenship. Under 8 U.S.C. 1451(a), United States attorneys must bring a case in federal district court to revoke naturalization that was illegally procured or obtained by concealment of a material fact or willful misrepresentation (8 U.S.C. 1451). USCIS cannot do this through an interview.
- Other approvals. The Dorcas plaintiffs said the re-review reaches approved asylum, adjustment of status, work permits and naturalization (D.R.I. memorandum and order). Approved employment petitions have their own revocation rules, explained in what can revoke an approved I-140.
The memos focus on security, public safety and identity, but also reach "any other related grounds of inadmissibility or ineligibility" (USCIS, PM-602-0192). An inconsistency in past filings is the kind of issue a second look can surface, which is why what a misrepresentation actually costs matters more than usual for this group.
What this means for you
Neither India nor China is on the list. This matters if you were born in, or are a citizen of, one of the 39 countries, such as Iran, Nigeria, Venezuela, Cuba, Syria or Afghanistan.
If you entered on or after January 20, 2021 and have since received a green card, a work permit, asylum or citizenship, USCIS may contact you for a re-review, possibly with an interview, while the appeal is pending (1st Cir. order, No. 26-1703). If you have a pending application, the hold remains vacated, and the Red Eagle injunction separately covers class members with pending cases (N.D. Cal. order, No. 26-cv-04850-CRB). If you are moving toward citizenship, our guide to naturalization after an employment green card sets out the timeline.
- Keep complete copies of every petition, application, approval notice and supporting document you filed.
- Check that your past filings tell one consistent story: dates, addresses, employers, marriages, travel.
- Keep your address current with USCIS. Most noncitizens in the US must report a move within 10 days; A and G visa holders and visa waiver visitors are exempt (USCIS, AR-11).
- Treat any USCIS interview notice or request for documents as time-sensitive, and bring it to your attorney before you respond.
- Ask your attorney whether the "entered" or the "approved" wording of the memos reaches your case, and how the First Circuit appeal could change that.
Where to start
If you are from one of the 39 countries and planning an EB-1A, EB-2 NIW or O-1 petition, a clean, well-documented record matters more now. The free evaluation shows which criteria your profile already meets, and Frank can find real opportunities for the ones you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 21, 2026.
- Order of Court, Dorcas International Institute of Rhode Island v. USCIS, No. 26-1703 (1st Cir.) (August 14, 2026). Partial stay limited to the Comprehensive Re-Review Policy; panel; rest of stay denied.
- Memorandum and Order, Dorcas International Institute of Rhode Island v. USCIS, No. 26-cv-132-JJM-PAS (D.R.I.) (June 5, 2026). Vacatur of the four policies; reasoning on re-review; plaintiffs' description of covered benefits.
- USCIS Policy Memorandum PM-602-0192 (December 2, 2025). Original hold and re-review directive, interview and entry footnotes, review factors.
- USCIS Policy Memorandum PM-602-0194 (January 1, 2026). Extension to Proclamation 10998 countries; "approved on or after" wording; current banner.
- USCIS, Court Order on Hold Policies (June 12, 2026). Final judgment date and USCIS compliance statement.
- USCIS, Recent Court Order on Hold Policies (August 28, 2026). USCIS response to Red Eagle Law v. Edlow.
- USCIS, Update on USCIS' Strengthened Screening and Vetting (March 30, 2026). USCIS rationale and 39-country total.
- USCIS newsroom alerts (list as of October 21, 2026). No alert on the August 14 First Circuit order.
- Order Granting Class Certification and Preliminary Injunction, Red Eagle Law, L.C. v. Edlow, No. 26-cv-04850-CRB (N.D. Cal.) (August 24, 2026). Class definition and injunction for pending applications.
- Proclamation 10998, 90 FR 59717 (December 16, 2025; published December 19, 2025). The 39-country list and January 1, 2026 effective date.
- 8 U.S.C. 1256, Rescission of adjustment of status. Five-year rescission window.
- 8 U.S.C. 1451, Revocation of naturalization. Denaturalization through federal district court.
- USCIS, How to Change Your Address (AR-11). 10-day address change rule.
Frequently asked questions
Can USCIS re-review my approved green card if I am from a travel-ban country?
Yes, while the appeal is pending. On August 14, 2026, the First Circuit stayed the vacatur of the USCIS Comprehensive Re-Review Policy, which covers approved benefits for nationals of the 39 travel-ban countries who entered the United States on or after January 20, 2021. A re-review can include an interview. It is not itself a revocation; taking away status still requires the procedures Congress set out in the statute.
Is the USCIS hold on pending applications from the 39 countries back in effect?
No. The First Circuit limited its August 14, 2026 stay to the re-review policy and denied the rest of the government's request, so the June 5, 2026 vacatur of the hold remains in place. Separately, Red Eagle Law v. Edlow enjoined the holds on August 24, 2026 for a class of applicants with pending cases, and USCIS said on August 28 that it would follow that order.
Which countries are covered by the USCIS re-review policy?
The policy follows the travel-ban proclamations. Proclamation 10998, effective January 1, 2026, covers 39 countries, including Afghanistan, Iran, Nigeria, Venezuela, Cuba, Haiti, Syria and Yemen, plus people traveling on Palestinian Authority documents. PM-602-0192 applied the re-review to the original 19 countries in Proclamation 10949, and PM-602-0194 extended it to the countries added in December 2025.
Can USCIS take away my citizenship through the re-review?
Not on its own. Under 8 U.S.C. 1451(a), revoking naturalization requires United States attorneys to bring a case in federal district court on grounds such as illegal procurement, concealment of a material fact or willful misrepresentation. The district court in Dorcas relied on that statute in holding the re-review policy unlawful. That ruling is now stayed on appeal, but the statute itself has not changed.
Does the re-review policy apply to people who entered the US before January 20, 2021?
The memos target people who entered on or after January 20, 2021, but PM-602-0192 says USCIS may, when appropriate, extend the review to people who entered outside that timeframe. PM-602-0194 also words its re-review provision around benefits approved on or after that date. Whether either reading reaches a particular case is a question for your attorney.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
