Law Office of James A Roberts, PLLC

06/18/2026

Update: USCIS Policy Memo on Adjustment of Status (PM-602-0199)
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, addressing adjustment of status (the process of applying for a green card while living in the U.S., as opposed to consular processing abroad). The memo reaffirms that adjustment of status under INA §245 is a discretionary benefit, and instructs officers to weigh certain factors more carefully. These are including any prior status violations, misrepresentation, or conduct suggesting an applicant entered the U.S. with the intent to bypass the consular process.
USCIS's accompanying press release stated that adjustment of status would be granted "only in extraordinary circumstances." That specific phrase does not appear in the text of the memo itself, and in the days following its release, USCIS and DHS spokespeople described the policy as a case-by-case discretionary review rather than a blanket new standard.
In practice, some applicants have reported additional questions at interviews or Requests for Evidence referencing the memo, though there have also been reports of approvals continuing in those same circumstances. USCIS has not yet issued detailed implementing guidance, and how the memo will be applied to cases that were already pending when it was issued remains unclear.
The underlying law governing adjustment of status has not changed. We are monitoring this policy and its implementation, and will update clients as more information becomes available.

06/18/2026

On June 5, 2026, the U.S. District Court for the District of Rhode Island, in Dorcas International Institute of Rhode Island v. USCIS, declared unlawful and vacated four USCIS policies: the Global Asylum Hold Policy, the Benefits Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy. The court found that USCIS exceeded its authority and violated the Administrative Procedure Act in implementing these policies.

What this means: USCIS may no longer rely on these policies to pause, delay, or subject applications to additional review based on nationality. USCIS has been ordered to resume adjudicating affected applications, including asylum applications, work permit (EAD) applications, adjustment-of-status (green card) applications, and naturalization applications that were delayed under these policies.

What this does not mean: The ruling does not invalidate the underlying presidential travel-ban proclamations. It also does not directly affect visa adjudications by the Department of State at U.S. embassies and consulates abroad. Those policies remain subject to separate legal authorities and litigation

06/18/2026

Important Update for Our Asylum Clients
On May 7, 2026, a federal court struck down the rule known as the "Circumvention of Lawful Pathways" (CLP) rule. This is the regulation that made it harder to qualify for asylum if you didn't have a CBP One appointment. After the ruling, it was uncertain whether the Immigration Courts and the Appeals court would recognize the decision as binding. Now, there has been strong evidence that they will.
If your asylum case was denied because of this rule, you may now have new options:
✅ If you already appealed (your case is with the Board of Immigration Appeals): we may be able to file a Motion to Remand, asking the Board to send your case back to the immigration judge in light of this change in the law.
✅ If you did NOT appeal and your case is final: we may be able to file a Motion to Reopen based on this change in the law. Our office will be reaching out individually to clients who may be affected. If you'd like to get started sooner, call us to discuss it.

04/15/2026

Important Revisions and New Chart -
Sudan (SAF) conflict with RSF — the core Sudan civil war, inexcusably missing before. This is the whole reason for the chart you could say!
Eritrea → TPLF (Addis) — Eritrea is actively hostile to the Addis-aligned faction since it represents Ethiopia's interests in Tigray
Ethiopia → TPLF (Sudan) — Ethiopia views Debretsion's faction as enemy combatants
Ethiopia→Somaliland (green ally line). The January 2024 MOU, Egypt→Somalia - allies, reflecting the 10,000-troop military deployment under AUSSOM
Djibouti added. This is a very difficult one, because Djibouti is historically very neutral. However, Egypt is now signing port and energy deals there, potentially giving Cairo leverage over Ethiopia's trade lifeline. Maybe I will take the line away, but for now, I'll put the ally line with Egypt. Any body have any ideas? Maybe we shoudl remove Djibouti entirely
Somalia→Ethiopia conflict line added to reflect Somalia actively expelling Ethiopian AU troops and nullifying the MOU

04/15/2026

WIth the world distracted by Ukraine and Iran, many may not understand that there are growing concerns of something big happening in the Horn of Africa. Alliances and Enemies create a growing danger. Here is something I did for fun. Please take the time to give me your thoughts about how to adjust or edit. One thing to note is that I have Chad and RSF as alliances even though I am aware that they clash at the border, I think its still accurate

03/17/2026

TPS Somalia is STAYED
The termination was set to take effect at 11:59 PM tonight, but a federal court issued an interim stay this past Saturday. Under the order, individuals with TPS status based on Somalia's designation retain all rights and protections, including eligibility for work authorization and protection against deportation and detention. Individuals with pending TPS applications also retain those protections. The pause remains in effect pending further court order. For now, the TPS continues.

02/27/2026

In response to the rising number of individuals in immigration detention, our firm has focusing more on filing habeas corpus petitions in U.S. District Court. This powerful legal tool has proven highly effective in securing the prompt release of clients who are being held unlawfully. As of now, we are only taking cases in Virginia, DC, and appeals of habeas corpus in the 4th circuit (VA, MD, NC, SC, WV)
We are proud of our strong track record of success in these cases and are actively accepting new habeas matters.
We are particularly focused on helping:
• Individuals who have been re-detained after many years in the community;
• Clients who have been granted withholding of removal but remain subject to prolonged detention following release; and
• Others with final orders of removal who are being held in indefinite detention.

12/23/2025

Today, we won a type of a case called Habeas Corpus in US Federal District Court. These are complicated cases to win, especially in the current environment. Our client was detained and the Judge ordered his release. We wanted to congratulate our client. I will advise all my clients shortly by SMS message about the next steps they can take based upon the outcome of this case

09/30/2025

New Asylum Fees: Be Careful of Rumours!

Please note that there are different rules for the Courts and for USCIS

A. Cases Pending At USCIS - USCIS has provided guidance about these fees. We know what that guidance says, and you can read it here: https://www.uscis.gov/newsroom/alerts/uscis-updates-fees-based-on-hr-1

1) a $100 Annual Asylum Fee (AAF) that must be paid each year the application is pending,

Any applicant who filed or files a Form I-589 after October 1, 2024, that remains pending with USCIS for 365 days must pay the AAF as of the one-year anniversary of his or her filing date and each year thereafter that the application remains pending

This means that Beginning on October 1, 2025, Asylum renewal fees will become due. Important: applicants who file for asylum do not need to monitor the time their application has been pending and if the AAF applies to them. USCIS will issue personal notices to aliens when their annual asylum fee is due, which will include the amount of the fee, when it must be paid, how the fee must be paid, and the consequences of failing to pay. USCIS will provide guidance for future years’ AAF payments in subsequent issuances.

2) a $100 Asylum Filing Fee for each new Form I-589 submitted. These fees are not waivable, apply to applications in both USCIS and Immigration Court, and became effective on July 4, 2025. If you file a new application, you will need to pay the fee

B. Cases Pending at EOIR (Immigration Court / BIA)

1) Applies to any Form I-589 pending for at least 1 year as of July 7, 2025, regardless of filing date, including cases filed before October 1, 2024 – may result in denial of not paid.
2) Paid via EOIR’s electronic Payment Portal (epay.eoir.justice.gov). Applicants must proactively check eligibility and pay, though EOIR may issue notices or judges may address fees in court.

EAD fees are increased for categories (a)(4), (a)(12), (c)(8), (c)(11), (c)(19), and (c)(34). The fees are:
For initial EAD applications, $550; and
For renewal or extension EAD applications, $275.

U.S. Citizenship and Immigration Services is publishing a federal register notice (FRN) based on the H.R 1 Reconciliation Bill (H.R. 1).

07/07/2025

Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill
On July 3, the House of Representatives passed a budget reconciliation bill called the “One
Big Beautiful Bill Act.” It is expected that the President will sign it by July 4. Among other
immigration-related provisions, the Act includes new fees for various immigration-related
applications. In most cases, these fees are in addition to existing fees. The fees listed are
minimum fees that could increase by regulation and annually for inflation. In most
instances, the fees are not waivable. Fees will take effect immediately under the statute;
however, there may be delays in collection as the government operationalizes payment.
Fee Type Minimum Fee Amount Fee Waivable
Asylum Application $100 X
• Annual Fee for
Pending Application
$100 X
• Initial EAD for Asylum
Applicants
$550 X
• Renewal or extension
EAD for Asylum
Applicants
$275 X
Parole Applications1 $1,000 X
• Initial EAD for
Parolees (limited to 1
year)
$550 X
• Renewal or extension
EAD for Parolees
(limited to 1 year)
$275 X
Temporary Protected Status
(TPS) Application
$500 X
• Initial EAD for TPS
applicants (limited to
1 year)
$550 X
• Renewal or extension
for TPS holders
(limited to 1 year)
$275 X
Special Immigrant Juvenile
Application 2
$250 ☑
1 Certain case by case exceptions from fee for those who are paroled because of: 1) life threatening medical
emergencies where treatment is unavailable in home country for self or parent or legal guardian; 2) urgent
organ or tissue donation; 3) family member whose death is imminent; 4) funeral of close family member; 5)
adopted child with urgent medical condition; 6) Lawful Permanent Resident (LPR) returning from temporary
travel abroad; 7) return from a contiguous country to attend immigration hearing; 8) Cuban or Haitian entrant;
assistance with law enforcement matter.
2 Applies to noncitizen applying for SIJS if reunification with 1 parent is possible.AILA Doc. No. 25070309. (Posted 7/3/25)
Fee Type Minimum Fee Amount Fee Waivable
Visa Integrity Fee for
Nonimmigrant Visa
Issuance3
$250 X
Form I-94 Application $24 X
Immigration Court Filings
• Adjustment of Status $1,500 ☑
• Waiver of Grounds of
Inadmissibility
$1,050 ☑
• TPS Application $500 ☑
• Application for
suspension of
deportation or
cancellation of
removal
$600
• Cancellation of
Removal and
Adjustment of Status
Application for certain
non-permanent
residents
$1,500 ☑
• Individuals removed
in Abstentia
$5,000 X
Appeals
• Immigration Judge
decision (to BIA)
$900 ☑
• DHS Officer $900 ☑
• Practitioner
Disciplinary Decision
$1,325 ☑
• Motion to Reopen or
Reconsider IJ or BIA
decision
$900 ☑
ESTA Fee for Visa Waiver
Applicants
$40 ☑
EVUS Fee for Chinese B-1/B-
2 visa holders
$30 X
Inadmissible individuals
arrested between Ports of
Entry
$5,000 ☑
3 DHS may reimburse the fee after visa expiration if the noncitizen demonstrates compliance with visa
requirements, including not accepting unauthorized employment; the noncitizen departed the U.S. within 5
days of admission period, or extended or adjusted status during admission.