On November 27, 2025, U.S. Citizenship and Immigration Services (USCIS) issued Policy Alert PA-2025-26, updating the USCIS Policy Manual to explain how the President’s recent use of Immigration and Nationality Act (INA) §212(f) affects USCIS decisions on discretionary immigration benefits.
This guidance is effective immediately and applies to all requests pending or filed on or after November 27, 2025. It supersedes any prior guidance on the same topic.
Quick Background: What Is INA §212(f)?
INA §212(f) gives the President broad authority to “suspend the entry” of certain foreign nationals or classes of foreign nationals if their entry is deemed detrimental to U.S. interests. This authority is typically exercised through a presidential proclamation – often referred to in practice as a “travel ban” or entry restriction – focused on national security, public safety, or foreign policy grounds.
What Triggered This USCIS Policy Update?
USCIS states that this update responds to Presidential Proclamation 10949 (PP 10949), issued on June 4, 2025, titled “Restricting the Entry of Foreign Nationals To Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats.”
PP 10949 fully or partially suspends the entry or admission of foreign nationals from the following 19 countries:
- Afghanistan
- Burma (Myanmar)
- Burundi
- Chad
- Republic of Congo
- Cuba
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Laos
- Libya
- Sierra Leone
- Somalia
- Sudan
- Togo
- Turkmenistan
- Venezuela
- Yemen
With limited exceptions, PP 10949 applies to individuals who:
- were outside the United States on or after June 9, 2025, and
- did not already hold a valid visa on or after June 9, 2025.
The Core Change: Country-Specific Factors Now Weigh Heavily Against Discretion
The central message of the policy update is straightforward:
USCIS will treat relevant country-specific factors tied to PP 10949 as significant negative factors in discretionary adjudications. Even if a benefit is not automatically barred by the proclamation, USCIS officers must consider the proclamation’s national-security findings as part of the totality of the circumstances when deciding whether to grant a discretionary benefit. USCIS highlights that these country-specific factors may include concerns such as insufficient vetting and screening information, which USCIS views as limiting its ability to fully assess risk.
Which Benefits Are Affected?
USCIS emphasizes that the guidance impacts discretionary benefits, including (but not limited to):
- certain adjustment of status (green card) applications,
- extensions of nonimmigrant stay,
- changes of nonimmigrant status,
- various waivers and other discretionary relief, and
- employment authorization decisions where discretion applies.
In practice, this may affect many filings where USCIS has legal discretion to approve or deny based on judgment, not solely eligibility.
Where the Policy Manual Changed
USCIS inserted this guidance into multiple volumes of the Policy Manual:
- Volume 1 – Discretionary Analysis: Expanded direction on how officers identify and weigh discretionary factors.
- Volume 7 – Adjustment of Status: Updated how discretion is evaluated in certain adjustment cases.
- Volume 9 – Waivers and Other Relief: Added new language emphasizing PP 10949-related factors.
- Volume 10 – Employment Authorization: Clarified that 212(f) factors may apply in EAD discretion contexts.
These edits reinforce that the proclamation’s findings are not limited to consular processing—they now extend to USCIS domestic adjudications as well.
Practical Takeaways for Applicants and Practitioners
1. Eligibility Is Not the Whole Story
Even when an applicant meets the statutory requirements, USCIS may still deny a discretionary benefit based on adverse factors linked to PP 10949.
2. Country of Nationality May Become a Central Discretion Issue
For applicants from the 19 listed countries, officers are now instructed to treat proclamation-based concerns as major negative discretionary factors, unless a specific exception applies.
3. The Record Matters More Than Ever
If discretion is at issue, applicants should be prepared to present strong positive equities, such as:
-
- family ties and hardship considerations,
- long-term U.S. residence and community involvement,
- employment history and stability,
- evidence of good moral character and compliance with U.S. laws, and
- case-specific facts that distinguish the applicant from generalized country-risk concerns.
4. Expect More RFEs or Interviews
Where discretion is harder to establish, USCIS may seek additional documentation or schedule interviews to weigh positive and negative factors.
Final Thoughts
USCIS PA-2025-26 is an important reminder that presidential travel proclamations can influence far more than entry at the border or visa issuance abroad. With this update, USCIS is formally integrating PP 10949’s country-specific national security rationale into domestic discretionary adjudications.
For applicants from impacted countries – or anyone filing a benefit requiring discretion – case strategy should now explicitly account for these enhanced negative factors and proactively build a persuasive positive-equities record.
Need help assessing how this policy affects a case? Our office is happy to review your situation and discuss next steps.
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