EB-3 Visa Update April 2026: Never Skip USCIS Appointments or Immigration Hearings
Missing immigration hearings can result in automatic removal orders in absentia, while skipping USCIS appointments risks abandoning costly petitions. Advisors urging applicants to skip proceedings are spreading dangerous misinformation.
A growing concern has emerged in online immigration communities, where some individuals are reportedly advising applicants to skip their USCIS appointments and immigration court hearings amid the current enforcement climate. This advice is being called out as dangerously incorrect by those familiar with immigration law and procedure. Missing an immigration court hearing results in an automatic order of removal in absentia — meaning a judge can order deportation without the applicant present to defend themselves. This outcome can be extremely difficult or impossible to reverse and has permanent consequences for an individual's immigration record. Similarly, failing to appear for scheduled USCIS appointments — such as biometrics, interviews, or Request for Evidence responses — can result in the abandonment of pending petitions. These petitions often represent thousands of dollars in filing fees and attorney costs, as well as years of waiting time lost. While immigration enforcement activities have intensified in 2026, the correct response is not to avoid official proceedings. Attorneys can request postponements or accommodations through proper legal channels when warranted. EB-3 applicants and all immigration petitioners are strongly encouraged to attend every scheduled appointment and hearing, and to seek professional legal counsel rather than relying on unverified advice from social media or online forums.
USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, directing officers to treat Adjustment of Status as discretionary 'extraordinary relief,' raising scrutiny for I-485 applicants—but not eliminating the option entirely.
USCIS released Policy Memorandum PM-602-0199 on May 22, 2026, declaring adjustment of status an 'extraordinary' benefit and pushing consular processing as the standard pathway. The memo does not eliminate I-485 filings but signals significantly tougher scrutiny, with more RFEs and NOIDs expected for EB-3 and other employment-based applicants.
USCIS issued PM-602-0199 on May 21, 2026, reaffirming that Adjustment of Status is discretionary 'administrative grace,' signaling increased scrutiny for I-485 applicants who could pursue consular processing abroad.