Smal Immigration Law Office

05/23/2026

On May 22, 2026, USCIS published a new Policy Memorandum and unexpectedly announced new USCIS Adjustment of Status Policy, which applies retroactively to all pending I-485 cases, with some possible and not clearly explained exceptions. Application of this new police remains unclear, chaotic, discretionary on a case-by-case basis, and subject to lawsuits and challenges in the court.

We published a few short videos in Russian on our YouTube Channel. https://www.youtube.com/



Please read at: https://law-visa-usa.com/blog-usa-immigration-law-updates/new-uscis-adjustment-of-status-i-485-policy-may-22-2026

05/05/2026

Q: How common is it to get two RFEs for an EB1 (green card) case? I received the first RFE a few months ago, and recently received another RFE.

A: It is not uncommon. It means that you didn’t answer all questions in the first RFE, or the officer noticed some other issues in your case during adjudication, and instead of issuing you a NOID (Notice of Intent to Deny), USCIS sent you a second RFE (request for evidence).

To schedule a consultation, please use our online calendar at Calendly.com/lubasmal

Welcome to our appointment page! To schedule a consultation with attorney Luba Smal in English or Russian, please select the date, answer questions, pay the fee through Zelle, Venmo, CashApp or PayPal. Talk to you soon! www.law-visa-usa.com

05/05/2026

Q: I committed a crime and was arrested and charged. I thought that I am a U.S. citizen because my mom became a U.S. citizen before I turned 18. I had a green card, but they took it when I was released, and I am afraid of being deported.

A: If a person was an unmarried child under 18, and lived in the USA as a permanent resident in a custody of his mother, he became a U.S. citizen through a mother. However, it is not always automatic. It depends on the facts. Some people don’t meet the acquisition of the U.S. citizenship requirements.

If you already had a U.S. passport issued, it is a proof of your U.S. citizenship.
If you filed a form N-600 with USCIS, it was approved, and you were issued a Certificate of Citizenship, you are a U.S. citizen.

If not, you might be a U.S. citizen but have difficulty proving your status to the government if you were arrested, detained and referred for removal. You should consult an attorney.

To schedule a consultation, please use our online calendar at Calendly.com/lubasmal

Welcome to our appointment page! To schedule a consultation with attorney Luba Smal in English or Russian, please select the date, answer questions, pay the fee through Zelle, Venmo, CashApp or PayPal. Talk to you soon! www.law-visa-usa.com

04/30/2026

Q: My brother is serving in the U.S. Army, and I live in Nigeria. I applied for a visitor's visa B-1/B-2 to the United States, and was refused a visa, even though I had an invitation letter from my brother who is a U.S. citizen and is serving in the U.S. Army. At the interview, the consul asked me if I am married, and I said, no, I am single. Why was I denied? I thought that American consul will surely approve my visa because my brother asked them to issue me a visa. I am very disappointed!

A: I am sorry to hear that your visitor’s visa application was denied.

It appears the denial was issued under Section 214(b) because you were presumed to be an intending immigrant and did not sufficiently overcome ​that presumption. Every B-1/B-2 application is evaluated under this assumption; therefore, as the applicant, you must prove you have strong ties to your home country and intend to return after a brief visit.

If you are single and not married, what other factors can you demonstrate as significant ties to your home country?

Please note that a letter from a relative in the United States is not required. A visa application is a personal application, and your brother is not a party to this process.

To schedule a consultation with an attorney, please use our online calendar: Calendly.com/lubasmal

Welcome to our appointment page! To schedule a consultation with attorney Luba Smal in English or Russian, please select the date, answer questions, pay the fee through Zelle, Venmo, CashApp or PayPal. Talk to you soon! www.law-visa-usa.com

04/20/2026

Q: I have a girlfriend who is an American citizen. She invited me to visit her in the United States. What is the best way to visit the U.S. for about a month?

A: The easiest way to visit the United States is on a B-1/B-2 visitor visa (you will need to apply for a visa and attend a visa interview at the U.S. consulate) or through ESTA program (if you are a citizen of one of the eligible countries).

Here is a link to start a visitor’s visa application:

https://ceac.state.gov/genniv/

Here is the official ESTA website:
https://esta.cbp.dhs.gov/esta

If you have questions or want to schedule a consultation with an attorney, please use our online calendar here: Calendly.com/lubasmal

Welcome to our appointment page! To schedule a consultation with attorney Luba Smal in English or Russian, please select the date, answer questions, pay the fee through Zelle, Venmo, CashApp or PayPal. Talk to you soon! www.law-visa-usa.com

03/26/2026

Q: What happens if you apply for an immigrant visa to the USA, and failed the medical exam for an immigrant visa?

A: An immigrant visa can be refused if an immigrant “failed the medical”, in other words if he or she is inadmissible to the USA because of the medical examinations (certain medical conditions which make people inadmissible). However, it is rare.

A designated medical doctor completes form I-693, and gives it in a sealed envelope. It can be transmitted directly to the US embassy or consulate.

I’ve seen it happen when someone was declared by an MD to be an alcoholic after answering questions about his drinking habits and how often they drink alcohol. It was enough to deny a visa.



To schedule a consultation, with immigration attirney please use our online scheduler at

Welcome to our appointment page! To schedule a consultation with attorney Luba Smal in English or Russian, please select the date, answer questions, pay the fee through Zelle, Venmo, CashApp or PayPal. Talk to you soon! www.law-visa-usa.com

03/24/2026

Q: I am a US citizen. My father is currently in the United States. How long does it take for an I-130 and I-485 concurrent petition to be approved for a son filing for a father within the USA?

A: If eligible and everything is done correctly, an adjustment of status can be approved in just 2–3 months. Usually under current Administration in 2026, an interview is scheduled. Some cases can be pending for longer, including for a couple of years.

The first step, verify that your father is eligible for adjustment of status. For example, he has to be lawfully admitted to the U.S., and the U.S. citizen son must be over 21, etc.

To schedule a consultation, please email or use our online scheduler: calendly.com/lubasmal

Welcome to our appointment page! To schedule a consultation with attorney Luba Smal in English or Russian, please select the date, answer questions, pay the fee through Zelle, Venmo, CashApp or PayPal. Talk to you soon! www.law-visa-usa.com

02/20/2026

Q: I applied to U.S. citizenship and had an interview a test in January 2026 at the USCIS office. Now I got a letter asking me to submit additional evidence. I though that since I passed the test they are going to schedule me for the Oath and I'll become a U.S. citizen, but now this. What should I do?

A: Since August 2025, USCIS started conduction neighborhood visits and looking into naturalization applicants’ good moral character more deeply.
If you received a RFE (request for evidence) after your naturalization interview and test (which you passed), you need to respond in a timely manner, and attach requested evidence to your N-400 case online.
If you are not sure what evidence is requested and what documents to submit, consult an attorney before responding to the request.
To schedule a consultation, please email or use our onloine scheduler at Calendly.com/lubasmal

Welcome to our appointment page! To schedule a consultation with attorney Luba Smal in English or Russian, please select the date, answer questions, pay the fee through Zelle, Venmo, CashApp or PayPal. Talk to you soon! www.law-visa-usa.com

02/12/2026

Q; I came to the United States 12 years ago on a visa and overstayed. How can I apply and get a Green Card? I never applied for anything.
A: The only people eligible to apply for a green card through adjustment of status in the USA after a lengthy overstay are the Immediate Relatives of a U.S. citizen.
This category includes: (1) a spouse of a US citizen; (2) an unmarried child of a US citizen under 21 (it includes a step-child, too); and (3) a parent of a US citizen who is over 21.
You can see if your situation fits any of these categories.
In addition, a person must be admissible and meet other prerequisites.
There could be other pathways for people in different circumstances.
For more information, please go to official USCIS website:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status



To ask questions or to schedule a consultation, please email or use our online calandar at Calendly.com/lubasmal

Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.....

02/10/2026

Q: How is a person like Seamus Culleton (a citizen of Ireland who came to the USA legally and is married to a U.S. citizen wife), who holds a valid work permit and is in the final stages of receiving a green card, detained by ICE and facing deportation?
A: Unfortunately, it happens very often during current administration.
I don’t know all the facts of this case, and I am guessing based on several similar cases I am familiar with. I assume that he came on ESTA and has no prior deportation orders (this is unclear from the news).
In this instance it was probably because he came to the United States on ESTA (visa waiver and without a visa), then overstayed his 90 days admission, and applied for a marriage-based green card through adjustment of status.
The law allows people to apply in this circumstance (marriage to a US citizen being an exception).
The law also says that they will have no defense to removal/deportation because they came on ESTA.

Read a srory here: https://www.irishtimes.com/world/us/2026/02/09/absolute-hell-irish-man-with-valid-us-work-permit-held-by-ice-since-september/



To schedule a consultation, please email or use our online scheduler at Calebdly.com/lubasmal

Seamus Culleton has been in a detention facility in Texas for nearly five months despite having no criminal record