A federal court ordered USCIS to lift its holds on green card, work permit, naturalization, and asylum cases for nationals of 39 countries. That ruling came down on June 5, 2026. The government was supposed to start moving those cases immediately.
But for many applicants, nothing has changed. Cases are still sitting without movement. Work permits are still expiring. And USCIS has not provided any meaningful update on when affected applicants will actually see their cases processed.
If that describes your situation, this post is for you.
What the Court Actually Ordered
In Dorcas International Institute of Rhode Island v. USCIS, Chief Judge John J. McConnell, Jr. of the U.S. District Court for the District of Rhode Island vacated four USCIS hold policies that had been freezing immigration benefit applications for nationals of 39 designated countries since late 2025. Those four policies covered:
- The general benefit hold — pausing green cards, work permits, travel documents, and naturalization cases
- The global asylum hold — freezing affirmative asylum decisions regardless of country of origin
- The comprehensive re-review policy — reopening previously approved cases dating back to 2021
- The country-specific negative factor policy — using nationality alone as a significant negative factor in adjudications
Vacating those policies means USCIS is legally required to resume processing. The court found that the holds were arbitrary, lacked reasonable explanation, and could not be justified under existing law.
On June 12, 2026, the government filed an appeal. However, the appeal does not automatically pause the court’s order. Unless a court grants a stay, USCIS is still required to process these cases while the appeal is pending.
Why Cases Are Still Not Moving
USCIS was already carrying a large backlog before the court order, and the number of affected cases — green cards, EADs, asylum, naturalization across 39 countries — is significant. USCIS has begun resuming some processing, but the pace has been slow, particularly for applicants whose work permits have already expired or are close to expiring.
A backlog is one thing. But if USCIS is still citing the 39-country pause as the reason your case is delayed — after the court vacated those policies — that is a different problem. That is a failure to comply with a court order, and it requires a more direct response.
What You Can Do If Your Case Is Still Stuck
Check Your Case Status Every Day
Log into your USCIS online account and check your case status regularly. Decisions, Requests for Evidence, and biometrics appointment notices can appear without advance warning. Checking often is the only way to catch movement when it happens.
Request an Expedite
USCIS has a formal process for requesting expedited processing. You can submit an expedite request if you can demonstrate one of the qualifying criteria, which include severe financial loss, urgent humanitarian need, or a medical situation. For applicants whose work permits have expired and who have lost employment as a result, financial hardship is a strong basis for an expedite request. This can be done on your own or with the help of an attorney, and it should be done now rather than waiting.
Contact Your Congressional Representative
Members of Congress have dedicated staff who handle constituent casework, including immigration cases. A congressional inquiry to your U.S. Representative or Senator’s office can prompt USCIS to review your case and provide a status update. This is a legitimate and often effective tool, and it costs nothing to use.
Document Everything
Keep records of every interaction with USCIS — screenshots of your online case status, copies of all notices and correspondence, dates of any inquiries made. If your case ultimately requires litigation, this documentation becomes critical evidence that your case was delayed and that you were proactive in following up.
Renew Your EAD Early
If your Employment Authorization Document is expiring or has recently expired, file for renewal as soon as possible. Do not wait for your current case to resolve before filing a renewal. Given current backlogs, filing early is the only way to avoid a gap in work authorization.
Consider a Write of Mandamus
In cases where USCIS continues to delay processing without justification — even after a court has ordered it to act — filing a writ of mandamus in federal court is an option. A mandamus action compels the government to perform a duty it is legally required to perform. It will not work in every situation, but where a case has been stuck for an unreasonable period with no movement and no explanation, and where other steps have failed to produce results, mandamus may be the only realistic way to force a decision.
NPZ Law Group has experience handling mandamus actions for clients whose cases have stalled at USCIS. If you are considering this step, contact us to discuss whether your case may qualify.
One Important Distinction
The June 5, 2026 court ruling applies specifically to cases filed inside the United States where processing was frozen under the 39-country hold policies. It does not affect the separate suspension of immigrant visa processing at U.S. embassies and consulates abroad under the 75-country visa suspension. That suspension remains in place and was not addressed by the Dorcas ruling. If your case involves consular processing outside the United States, a different legal analysis applies.
Frequently Asked Questions
My case was stuck because of the 39-country pause. Does the court order mean USCIS has to approve my application?
No. The court order requires USCIS to resume processing your case and make a decision. It does not guarantee approval. USCIS must adjudicate your case on its merits, but the court order removes the blanket hold that was preventing any movement.
The government filed an appeal. Does that put the hold back in place?
Not automatically. Filing an appeal does not pause the court’s order unless a court separately grants a stay. As of now, USCIS is still required to process these cases while the appeal proceeds.
Can I still file a mandamus if I already submitted an expedite request and it was denied?
Yes. A denied expedite request does not prevent you from pursuing other options including mandamus. An attorney can review your case history and help determine the best next step.
How do I know if my case was affected by the 39-country hold specifically?
If you are a national of one of the 39 designated countries, had a pending green card, work permit, naturalization, or asylum case inside the United States, and your case showed no movement since late 2025 or early 2026 — your case was very likely caught in the hold. An immigration attorney can review your case history and confirm whether the hold applies.
Is there any risk to pursuing a congressional inquiry?
Generally, no. Congressional inquiries are a standard tool for constituents with delayed federal agency cases. They do not flag your case negatively and can often prompt USCIS to provide a status update.
Contact NPZ Law Group
If your case is still sitting without a decision despite the court order, do not assume USCIS will get to it on its own. There are steps that can be taken now, and the time to take them is while the court order is still in effect. Call us at 201-670-0006 (ext. 104) or email info@visaserve.com. Visit us at www.visaserve.com for more information.