US Immigration News

DHS issued an interim final rule (effective 10.Jul.2026) allowing USCIS to deny immigration benefit requests found to have invalid signatures after acceptance. If denied, filing fees are not refunded. Sign forms correctly. Keep original signed documents securely. Comments due 10.Jul.2026 at regulations.gov (Docket USCIS-2026-0166). https://www.federalregister.gov/d/2026-09289

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The U.S. Department of State (DOS) has released the June 2026 Visa Bulletin. There is some forward movement in select employment-based categories, while certain employment-based categories for India retrogress. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified.

Visa Bulletin SummaryEmployment-Based, First Preference (EB1) Category

In the EB1 category, China’s cutoff date remains at 01.Apr.2023, while India’s cutoff date retrogresses to 15.Dec.2022. The EB1 category remains current for all other countries of chargeability.

Employment-Based, Second Preference (EB2) Category

In the EB2 category, India’s cutoff date retrogresses to 01.Sep.2013. EB2 China still has a cutoff date of 01.Sep.2021. The EB2 cutoff date for all other countries is current for June 2026.

Employment-Based, Third Preference (EB3) Category

EB3 India’s cutoff date inches forward to 15.Dec.2013, and China’s EB3 cutoff date advances to 01.Aug.2021. The EB3 cutoff date for all other countries of chargeability remains at 01.Jun.2024.

EB3 Other Workers

In the EB3 Other Workers category, India’s cutoff date advances to 15.Dec.2013. For China, the cutoff date remains at 01.Apr.2019. The EB3 other workers category remains at a cutoff date of 01.Feb.2022 for all other countries of chargeability.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the cutoff date remains at 15.Jul.2022. This cutoff date also applies to the EB4 program for certain religious workers, which has been renewed through midnight of 30.Sep.2026. After that, if the program is not renewed by Congress, it will become unavailable.

Employment-Based, Fifth Preference (EB5) Category

The EB5 unreserved category for India remains at 01.May.2022, and China’s unreserved cutoff date remains at 22.Sep.2016. The EB5 category remains current for all other chargeability areas and for the three EB5 set-aside categories (rural, high unemployment, and infrastructure) across all countries.

Family-Based, Second-Preference (FB2A and FB2B) Category

In the FB2A family-based category, the cutoff date advances to 01.Jan.2025 for all countries. In the FB2B family-based category, the cutoff date advances to 22.Sep.2017 for all countries except Mexico and the Philippines.

Conclusion

The June Visa Bulletin states that “dates for filing and final action dates had been advanced across various immigrant visa categories in prior months” and warns that “retrogression may be necessary in the upcoming months” and that “visa categories may become ‘Unavailable’ prior to the end of the fiscal year if annual limits, category limits, or pro-rated per-country limits are reached. We will continue to monitor and report on movement and predictions related to the monthly visa bulletin. Subscribe to the free MurthyBulletin to receive weekly updates on the latest in U.S. immigration.

 

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Becoming a U.S. citizen takes years of work and patience. So when the U.S. Citizenship and Immigration Services (USCIS) receives your Form N-400 and then goes silent, the frustration can feel unbearable. Months pass after you have cleared your interview and met every requirement with nothing more than a status update that reads, “Case is being actively reviewed.”

What many applicants do not realize is that federal law gives them real tools to force the USCIS to act. Two different lawsuits, a writ of mandamus and a Section 1447(b) petition, can compel the agency to make a decision. They are not the same, and choosing the wrong one, or filing too early, can result in a case dismissal.

How Long Should Naturalization Take?

The USCIS currently takes roughly six to ten months to process a typical N-400. Some field offices are faster; others run much longer. But the point at which a delay becomes legally actionable depends on where in the process your case is stuck. The law draws a sharp line between delays before the interview and delays after it.

Path 1: Writ of Mandamus / APA Action for Pre-Interview Delays

A writ of mandamus is a court order compelling a government official or agency to perform a duty it is legally required to carry out. Typically, in the immigration context, this means asking a federal judge to order the USCIS to stop delaying and actually issue a decision on a case.

The legal authority comes from two sources used together: the Mandamus Act (28 U.S.C. § 1361), which gives federal courts jurisdiction to compel federal officials to act, and the Administrative Procedure Act (APA) (5 U.S.C. §§ 701-706), which independently authorizes courts to set aside agency action unreasonably delayed.

This path fits best when the USCIS has never scheduled your interview, or when there has been an extraordinary delay before any decision. The delay genuinely must be unreasonable compared to the agency’s normal processing times. Courts will not step in simply because an applicant has grown impatient.

A mandamus court has limited power. It can order the USCIS to act, such as by scheduling an interview or issuing a decision, but it cannot decide the application itself. A favorable outcome from a mandamus lawsuit sends the case back to the USCIS with a deadline.

Path 2: Section 1447(b) Petition for Post-Interview Delays

Section 1447(b) of the Immigration and Nationality Act (INA) has a clear trigger. Once 120 calendar days have passed since the naturalization interview with no decision, you have a statutory right to petition the federal district court for a hearing.

Unlike a mandamus action, a Section 1447(b) court has direct authority over your application. The judge can decide the case outright or send it back to the USCIS with a strict deadline, sometimes as short as 30 to 45 days. Most courts prefer to remand rather than hold their own citizenship hearing.

If your interview took place and 120 days have elapsed, Section 1447(b) almost always is the better route. It is faster, requires less legal work, and gives the court more power over the outcome. If your interview has not happened yet, mandamus is your only option.

That said, the outcome is not guaranteed. If there are real eligibility issues, such as a pending background check finding or a question about good moral character, the lawsuit cannot force approval. It spurs the USCIS to action, but the merits of your case still determine the decision.

Venue: Where to File

Section 1447(b) suits must be filed in the federal district where the applicant currently resides, not where the interview was held. Mandamus actions offer more flexibility on venue, which can matter strategically since different circuits handle immigration delay cases differently.

Before You File

For a mandamus action, courts expect applicants to have tried normal channels first. This usually means submitting a service request through myUSCIS, contacting the USCIS Ombudsman, and reaching out to a U.S. Senator or Representative. Document every inquiry. For a Section 1447(b) suit, such effort is not required. Just count 120 days from the interview date, confirm no decision has been issued, and you can file.

Conclusion

A naturalization delay is not something you have to accept in silence. Federal law provides two meaningful tools for applicants to hold the USCIS accountable. If your interview has not been scheduled and the wait has become unreasonable, a mandamus action can compel USCIS to move. If your interview is behind you and 120 days have passed, Section 1447(b) offers one of the clearest statutory rights in all of immigration law. Filing a lawsuit is often the single most effective way to cut through bureaucratic inertia and finally reach the oath ceremony. If your case has stalled without explanation, speaking with an experienced immigration attorney is the right first step.

 

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ICE alleges more than 10,000 potential fraud cases related to the OPT program. No specifics have been provided yet, but foreign national students should be reminded to properly comply with OPT requirements!

https://www.politico.com/news/2026/05/12/ice-optional-practical-training-fraud-00916797

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A longtime supporter of United Way, Sheela Murthy is the chair of the 2025–2026 Tocqueville Society. Championing the organization locally and globally for more than 20 years, Sheela is an enthusiastic and passionate supporter of United Way’s work in Northeast Florida. In the past, she has guided initiatives ranging from chairing Women United in Central Maryland to global efforts that helped launch three United Ways abroad. She’s also been part of United Way of Central Maryland’s Million Dollar Roundtable — becoming its first female member and bringing her trademark generosity and enthusiasm to the group.

People sometimes ask: when one makes a donation to the United Way — whether in Maryland, Florida, or elsewhere — who actually benefits? What is the funding used for? Since United Way itself is not primarily a direct-service organization, how does its philanthropy function?

The answer lies in understanding the distinctive role United Way plays within the nonprofit ecosystem. Rather than operating as a single charity focused on one issue, United Way acts as a community-wide convener, strategist, fundraiser, and grant maker. Its model is designed to identify the most pressing local needs, bring together public and private stakeholders, and distribute funds to carefully vetted nonprofit organizations that are already embedded in the community and delivering services on the ground.

Across Maryland and Florida where Ms. Murthy is a “Tocqueville donor”, United Way organizations commonly focus on several interconnected areas: education, health, financial stability, youth opportunity, and community resilience. In practical terms, this means supporting programs such as early childhood literacy initiatives, after-school mentoring, food security programs, mental health counseling, emergency housing assistance, workforce development, transportation access, senior care, and financial coaching for struggling families. Many local United Ways also fund crisis hotlines such as 211, which connects residents to social services ranging from rental assistance to addiction treatment.

What distinguishes the United Way approach is not simply that it funds nonprofits, but that it attempts to fund systems rather than isolated acts of charity. Local United Ways typically conduct extensive community-needs assessments, analyze demographic and economic data, and work with volunteer review panels made up of civic leaders, professionals, and residents to determine where resources can have the greatest measurable impact. is generally competitive, transparent, and outcome-driven, with nonprofits required to demonstrate accountability, measurable results, collaboration, and fiscal responsibility.

For example, in Maryland, Community Impact grants are awarded to nonprofit programs aligned with strategic goals in education, health, and financial stability. In Northwest Florida, United Way emphasizes “investing in partnership,” recognizing that no single organization can solve complex social problems alone. Similarly, several United Ways around the country now support collaborative initiatives where multiple nonprofits work together on issues such as literacy, food insecurity, housing, and mental health.

This model also helps reduce duplication of services and fragmentation of philanthropy. Rather than donors having to independently evaluate dozens or hundreds of nonprofits, United Way functions as a trusted intermediary that performs due diligence, monitors outcomes, and encourages coordination between agencies. In fact, within the nonprofit world, receiving United Way funding has historically been viewed as a sign that an organization has met rigorous standards of legitimacy and accountability.

Ultimately, when one donates to United Way, the contribution supports far more than a single program. It helps sustain a network of organizations, partnerships, volunteers, and initiatives designed to strengthen the social infrastructure of a community. The goal is not merely temporary relief, but long-term community capacity — creating systems through which families and individuals can achieve greater stability, opportunity, and resilience.

 

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The post Significant Donations to the United Way, Maryland and Florida appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No. The primary (or principal) applicant must enter before or at the same time as derivative family members with visas. (12.May.2026)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

 

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The post My family’s and my immigrant visas were all approved, with me as the principal applicant and my spouse and children as derivative beneficiaries. Can my derivative family members enter the United States using their immigrant visas before I do? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or currently holds H1B status. (12.May.2026)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

 

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The post I was not selected in the H1B lottery. Does that mean my employer cannot proceed with the PERM labor certification process for me? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Generally, a conditional green card holder may travel internationally using the expired green card together with the valid extension notice from the petition to remove conditions.

However, some countries, such as Mexico, may not permit entry to individuals traveling with an expired U.S. green card unless they also have a visa for that country. These restrictions are based on the entry requirements of the foreign country and typically should not affect the individual’s ability to return to the United States, provided they carry the proper U.S. immigration documents. (12.May.2026)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

 

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The post I am a conditional green card holder with an expired green card, but I have an automatic extension based on the receipt notice for my petition to remove conditions. Does this place any restrictions on my international travel? appeared first on Murthy Law Firm | U.S Immigration Law.

USCIS is seeking renewed OMB approval for Form AR-11 and proposes to expand it to require that noncitizens also report receipt of means-tested public benefits, employment, and schooling when reporting an address change. Public comments accepted through 06.Jul.2026 at regulations.gov (Docket: USCIS-2008-0018). https://www.govinfo.gov/…/FR-2026-05-07/pdf/2026-09107.pdf

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The employment-based, fifth preference (EB5) immigrant investor program provides an avenue for foreign nationals to become U.S. permanent residents (“green card” holders) based on a qualifying investment in a U.S. commercial enterprise. This category, established in 1990, was once underutilized, but has become a popular option in recent years, in part due to over-subscription in other employment-based categories. The program was significantly reformed by the EB5 Reform and Integrity Act of 2022 (RIA), which updated investment thresholds, revised the targeted employment area (TEA) designation process, and introduced new integrity and oversight measures.

Overview of EB5 Requirements

Under the EB5 investor program, a foreign national may apply for a green card based upon an investment of at least $1,050,000 placed at-risk in a U.S. commercial enterprise. The minimum investment is reduced to $800,000 if the enterprise is located in a targeted employment area (TEA). A TEA is a rural area or an area with high unemployment. Under the RIA, TEA designations are now made by USCIS rather than by individual states, as was the practice under the prior framework.

Job creation is a key goal of the investor visa program. At least ten new full-time jobs for U.S. workers must be created by the business investment. If made through a designated regional center, however, the EB5 requirement for job creation can be met by showing the creation of indirect and induced jobs, in addition to direct jobs. A regional center is defined as an “economic entity … involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.” Regional centers pool investors’ capital and apply the funds toward projects to improve the economy in the approved area. Regional centers may directly own and operate businesses utilizing the invested capital, or they may loan money to projects operated by other entities.

EB5 Application: Three-Step Process

The EB5 process consists of three steps. First, an immigrant investor petition is filed, either Form I-526E for regional center investments or Form I-526 for direct investments. Once this is approved, the immigrant investor either applies for an immigrant visa at a U.S. embassy or consulate or, if in the United States, may file an application to adjust status (Form I-485). In certain cases, when a visa number is immediately available, the Form I-485 may be filed concurrently with the immigrant investor petition. The green card generally is issued with a validity period of two years. Toward the end of this two-year period, the final stage involves filing a petition to remove conditions (Form I-829).

Step One: Form I-526E / I-526

Before filing the immigrant investor petition, the investor generally must either invest the funds in the commercial enterprise, or else commit the funds for investment by placing them in escrow; placing the investment funds in escrow will only suffice, however, if the escrowed funds are scheduled to be released automatically and irrevocably to the commercial enterprise, contingent upon approval of the petition and issuance of an immigrant visa or approval of an I-485 application.

The immigrant investor petition must be accompanied by supporting evidence regarding the commercial enterprise, the enterprise’s projected capacity to create ten full-time positions for U.S. workers, and the investor’s role in the management of the enterprise. If the investment is made through a regional center, however, the EB5 investor is not required to be involved in the day-to-day management of the enterprise.

The petition also must provide evidence of the source of the investment funds. The investor must be able to demonstrate that the money was obtained lawfully and that the full minimum investment amount belongs to the individual investor. Each investor must independently satisfy the investment threshold; however, in the regional center context, individual investments commonly are pooled together to fund larger projects. Funds that are obtained lawfully as a gift can also be used to meet the EB5 investment requirement.

Step Two: Consular Processing or Adjustment of Status

Once the immigrant investor petition is approved, and assuming the priority date is current, the immigrant investor, along with the investor’s spouse and children under the age of twenty-one, may apply for conditional green cards valid for two years. If the immigrant investor filed for adjustment of status concurrently, then the adjustment of status applications for each family member will be processed separately.

Step Three: Form I-829

As mentioned, the EB5 applicant receives a conditional green card valid for two years. In order to remove these conditions, approximately 90 days before the conditional green card is scheduled to expire, Form I-829 must be filed. The I-829 must be accompanied by evidence that the investment funds have remained in the project and that the requisite ten jobs were created. Once approved, the immigrant investor will receive a permanent, unconditional green card.

Conclusion

The EB5 immigrant investor program can be quite complex and has a number of rigid requirements. But it can provide an excellent path to obtaining a green card, especially for those facing extensive backlogs in one of the oversubscribed employment or family-based immigrant visa categories. Readers who would like to pursue an EB5 case or learn more about the program are encouraged to schedule a consultation or contact a Murthy Law Firm attorney at EB5@murthy.com.

Originally posted 01.Jun.2016, this MurthyDotCom article has been updated to reflect changes introduced by the EB5 Reform and Integrity Act of 2022. While some aspects of immigration have changed significantly in the years since MurthyDotCom began publishing articles in 1994, much remains relevant. Murthy Law Firm clients and visitors to MurthyDotCom often are referred to articles, like this one, which has been updated for our readers.

 

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The post Overview of the EB5 Immigrant Investor Category appeared first on Murthy Law Firm | U.S Immigration Law.

Common issues that non-citizens face when reentering the U.S. after travel abroad are discussed by Murthy Law Firm attorneys in this podcast, broadcasted on 06.May.2026.

The MP3 is available here and soon can be found in the archive of our podcasts and teleconferences on iTunes. Find more topics under the MurthyAudio tab on our homepage.

 

 

         

The post MurthyAudio: CBP / Port of Entry Issues appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

In most cases like this, you may use the unused portion of your initial six-year H1B period and would not need to re-enter the lottery.

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

 

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The post My H1B was approved, and I worked in the U.S. for three years. I then spent two years abroad. Can I use the remaining three years of H1B time, or do I need to go through the lottery again? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same or similar position.

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

 

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The post My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

An H1B worker can make a passive investment in any company. However, it must genuinely be a passive investment only. One cannot work at the company or run or manage the business. Many people think they are not “working” because they hire someone else for the day-to-day work or management. However, hiring and supervising someone (even people who don’t need much supervision) generally is considered work.

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

 

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The post While in H1B status, can I invest in an existing company? appeared first on Murthy Law Firm | U.S Immigration Law.

You are living abroad and engaged to a U.S. citizen, and the two of you want to build your life together in the United States. The K-1 fiancé/e visa is designed for exactly this situation. It allows the foreign fiancé/e to enter the U.S. for the purpose of marrying the U.S. citizen petitioner, after which the new spouse can apply for a green card. The road is longer than most couples expect and involves several different U.S. government agencies, each with its own role and timeline. This article walks through the process from the initial petition to the final green card interview.

Step One: File the I-129F Petition with USCIS

The process begins when the U.S. citizen files form I-129F, the petition for alien fiancé/e, with the U.S. Citizenship and Immigration Services (USCIS). This petition asks the government to formally recognize the relationship and approve the foreign fiancé/e for a K-1 visa. You’ll need to include evidence that both parties are legally free to marry and that the couple has met in person at least once within the two years before filing, with limited exceptions. The parties must also include a statement of their intent to marry within 90 days of the fiancé/e’s arrival.

Step Two: Wait for USCIS to Adjudicate

Once filed, the I-129F sits with USCIS for adjudication. Processing times vary, but couples should generally expect anywhere from eight months to a year, and sometimes longer. There is unfortunately no reliable way to speed this stage up, unless the circumstances meet the USCIS expedite criteria.

Step Three: The National Visa Center Assigns a Case Number

Once the USCIS approves the I-129F, the petition is forwarded to the National Visa Center (NVC). The NVC’s role is narrow: it assigns a case number and then forwards the petition to the appropriate U.S. embassy or consulate abroad. Occasionally, the NVC will claim it never received the petition from USCIS, even weeks or months after USCIS shows the case was transferred. When this happens, the petitioner or attorney typically needs to contact the NVC and ask them to locate the file.

Step Four: Interview Scheduling at the Consulate

The NVC will send the petition to the consulate, and when the consulate is ready to move the case forward, it sends instructions to the K-1 fiancé/e (the beneficiary) for scheduling the visa interview, along with a checklist of the documents to bring. How quickly this happens depends heavily on the consulate. The beneficiary will complete the DS-160 online visa application and follow the consulate’s instructions for scheduling an interview. The beneficiary will also need to complete a medical exam.

Step Five: The Visa Interview

At the interview, a consular officer reviews the documents, asks questions about the relationship, and decides whether to issue the K-1 visa. If approved, the visa is typically placed in the beneficiary’s passport within 1-2 weeks. Once issued, the K-1 visa is valid for a single entry into the U.S. within the validity period of the visa.

Step Six: Entry and the 90-Day Clock

When the beneficiary enters the U.S. on the K-1 visa, a 90-day clock starts. The couple must marry within 90 days of the date of entry. If the marriage does not happen within 90 days, the K-1 status expires, and the foreign fiancé/e is expected to leave the U.S.

Step Seven: File for Adjustment of Status

Once the marriage takes place, the new spouse can file form I-485, the application for adjustment of status, along with supporting forms and evidence. Many applicants also file for an employment authorization document and advance parole travel document at the same time, which respectively allow the spouse to work and travel while the green card application is pending.

Step Eight: The Green Card Interview

Ultimately, the USCIS will schedule an interview which both spouses attend, typically at the USCIS field office closest to the couple’s home. If approved, the foreign spouse becomes a lawful permanent resident.

The Bottom Line

The K-1 fiancé/e visa process can be a great option for a foreign national engaged to a U.S. citizen who wants to get married in the U.S. Murthy Law Firm attorneys are available to consult on whether the K-1 is the right path, or whether marrying abroad and pursuing a spousal immigrant visa might make more sense for a given couple’s circumstances.

 

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The post A Step-by-Step Guide to the K-1 Fiancé/e Visa Process appeared first on Murthy Law Firm | U.S Immigration Law.

Caution! We are hearing from multiple visa applicants in India that consular officers are now asking two new questions about fear of harm or mistreatment in their home country — and that a “yes” to either has resulted in visa denial. This aligns with a new DOS directive.

The post New “Fear of Return” Questions Reported at U.S. Consulates in India appeared first on Murthy Law Firm | U.S Immigration Law.

The Baltimore Museum of Art (BMA) announced a significant endowment gift from the foundation of cultural advocates Sheela Murthy and Vasant Nayak to establish the MurthyNAYAK Global Photography Endowment Fund, strengthening the museum’s long-term commitment to photography as an essential art-form. Designed to provide support for photography at the BMA in perpetuity, the endowment emphasizes opportunities to connect global perspectives and innovations—particularly from South Asia, Africa, and other regions of the Global South—with those emerging from Baltimore and its communities. The fund will support a wide range of initiatives, including exhibitions, acquisitions, and educational and community-based programs.

“This extraordinarily generous gift allows the BMA to deepen our engagement with photography as a global language—one that reflects diverse histories, geographies, and ways of seeing,” said Asma Naeem, Dorothy Wagner Wallis Director of the Baltimore Museum of Art. “Photography has always been an affordable and democratic medium and Sheela and Vasant share our belief that photography is a powerful tool for understanding the world and our place within it.”

The MurthyNAYAK Global Photography Endowment Fund reflects a shared vision between the donors and the BMA to foreground global narratives in contemporary museum practice and to expand the scope of photographic histories represented in the museum’s collection and programs. Murthy and Nayak’s commitment will be fulfilled over five years, with a portion of the gift providing early support for photography initiatives while the endowment grows.

“Our connection to the BMA has deepened our belief in its role as a steward of culture and a space where images shape understanding across communities,” said Sheela Murthy & Vasant Nayak, Co-Founders of the MurthyNAYAK Foundation. “Through the MurthyNAYAK Global Photography Endowment Fund, we hope to amplify global voices and ensure that photography continues to illuminate, connect, and inspire in Baltimore and across the world.”

Baltimore Museum of Art
Press Release
April 30, 2026

Photo © Baltimore Museum of Art

 

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The post Endowment Gift to Advance Engagement with Global Photography appeared first on Murthy Law Firm | U.S Immigration Law.

Positive Update! Last week, USCIS quietly updated its policy to exempt foreign doctors from the adjudication hold in effect for travel ban countries.

The post USCIS Exempts Doctors from Adjudication Pause appeared first on Murthy Law Firm | U.S Immigration Law.

The Trump administration has announced a significant shift in federal drug policy, reclassifying state‑licensed medical marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA). This action, taken by the U.S. Department of Justice and the Drug Enforcement Administration (DEA) pursuant to a December 2025 executive order from President Trump, represents the most consequential federal cannabis policy change in decades.

While the reclassification recognizes accepted medical use and eases regulatory barriers for research and taxation, it does not legalize marijuana under federal law. Importantly for noncitizens, the change may offer only limited and highly nuanced relief under U.S. immigration law, and significant risks remain.

What the Trump Administration Has Done

Under the order signed by Acting Attorney General Todd Blanche, medical marijuana products that are distributed under qualifying state medical‑marijuana licenses are now classified as Schedule III substances. Schedule III drugs are recognized as having accepted medical use and a lower potential for abuse than Schedule I substances.

The administration emphasized that the move is intended to expand medical research, reduce regulatory barriers, and acknowledge the widespread state‑level regulation of medical marijuana. However, federal officials were explicit that this action does not legalize marijuana for medical or recreational use under federal law and does not eliminate federal controls or enforcement authority.

Controlled Substances and Immigration Law

Immigration consequences related to drugs are governed primarily by the Immigration and Nationality Act (INA), which ties inadmissibility, deportability, and good‑moral‑character determinations to controlled substances as defined under the CSA. Historically, marijuana’s classification as a Schedule I substance has meant that even conduct fully lawful under state medical‑marijuana laws could trigger adverse immigration consequences.

Examples include:

• Controlled‑substance grounds of inadmissibility and deportability;
• Bars to establishing good moral character for naturalization or certain discretionary benefits; and
• Negative discretionary findings by U.S. Citizenship and Immigration Services (USCIS) or immigration judges.

Federal agencies, including the USCIS, have repeatedly stated that state marijuana legalization does not override federal law for immigration purposes, and that marijuana‑related conduct may still carry immigration consequences regardless of state authorization.

Impact of Schedule III Status Change on Immigration Analysis

The reclassification of state‑licensed medical marijuana to Schedule III may affect immigration analysis at the margins, but it does not eliminate risk. Because the INA incorporates the CSA’s schedules by reference, marijuana’s movement out of Schedule I removes the statutory designation that it has “no accepted medical use.” This change may provide new arguments in limited contexts, particularly where a noncitizen’s conduct involves: strict compliance with a state medical‑marijuana program; physician supervision and documentation; and no criminal conviction or distribution activity. In such cases, immigration counsel may argue that state‑authorized medical use of a Schedule III substance should not be treated the same as illicit drug activity, especially in discretionary or good‑moral‑character determinations.

However, the INA has not been amended, and marijuana remains a controlled substance under federal law. Therefore, marijuana‑related convictions still may trigger immigration consequences, admissions of marijuana use to immigration officers still may be problematic.

Conclusion

The Trump administration’s reclassification of state‑licensed medical marijuana to Schedule III marks an important shift in federal drug policy, but its impact on immigration law is limited and uncertain. For now, marijuana remains a controlled substance under federal law, and immigration consequences remain a real concern for noncitizens. Individuals should avoid marijuana use, and if absolutely necessary, consult with qualified immigration counsel before engaging in cannabis‑related activity. Additionally, the individual should seek legal advice before filing any immigration application where past marijuana involvement may be relevant. As this issue continues to evolve, Murthy Law Firm will monitor developments and provide updates on how federal marijuana policy intersects with U.S. immigration law.

 

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The Harvard Immigration Clinical Program (HIRCP) continues to advance its mission through the steadfast support of dedicated partners. Among these, the Murthy Fund stands out as a vital source of strength, enabling the program to operate at the highest levels of clinical teaching, advocacy, and student engagement.

Under the leadership of Sabrineh Ardalan, Director of HIRCP at Harvard Law School, the program has expressed deep appreciation for this ongoing commitment. Contributions from the Murthy Fund are not merely supportive—they are foundational. They ensure that HIRCP can sustain its operations while responding to the evolving complexities of immigration law and policy.

During Fiscal Year 2025, the Murthy Travel Fund played a pivotal role in advancing professional development, clinical teaching, and experiential learning. It facilitated hands-on training, close supervision, and scholarly engagement, all of which are central to the program’s academic mission. This support has enabled HIRCP to maintain a high level of expertise, ensuring that students are both rigorously trained and meaningfully prepared for real-world legal challenges.

HIRCP’s reach is significant. Across its four programs, it serves hundreds of clients annually while educating over 200 law students. The program is rooted in a trauma-informed approach to lawyering, offering holistic representation that integrates social work support for both clients and students. This model not only enhances legal outcomes but also fosters a deeper understanding of the human dimensions of immigration advocacy.

The impact of this work is perhaps best reflected in the voices of its students. One such voice is Martha Ball ’25, a participant in the Harvard Immigration Clinic and recipient of the CLEA Outstanding Clinical Student Award. Reflecting on her experience, she shared:

“I have drawn so much inspiration from being a part of the HIRC community. The instructors within HIRC are phenomenal and are incredibly generous with their expertise and guidance. The clinic has trained and prepared me for the various legal strategies I will be using and has inspired me to find a position where I can do the work that I truly love.”

HIRCP remains eager to deepen its relationships with supporters like the Murthy Fund. Opportunities to connect—whether through conversation or in-person visits in Cambridge—are welcomed as a way to share more about the program’s work and the tangible difference such generosity makes.

In an era of shifting legal landscapes and growing need, the partnership between HIRCP and its supporters ensures that both clients and students are equipped with the tools, knowledge, and compassion necessary to navigate the challenges ahead.

 

 

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The post Sustaining Impact: The Murthy Fund and Harvard Immigration Clinical Program appeared first on Murthy Law Firm | U.S Immigration Law.