US Reviewing Old Immigration Files 2026: Visa Pause Litigation & Denaturalization Risk Alert
DOS confirms ongoing immigrant visa pause litigation while the US government expands review of old immigration files, raising denaturalization risks for naturalized citizens and green card holders.
The Department of State has confirmed an update in the ongoing litigation surrounding the immigrant visa pause, a policy that has disrupted consular processing worldwide and left thousands of applicants in limbo. The legal challenge targets the administration's authority to suspend immigrant visa issuance, and a DOS confirmation signals the case is progressing through the courts with potential implications for resuming suspended interviews globally.
In parallel, federal agencies are intensifying reviews of historical immigration files, raising the specter of denaturalization proceedings for individuals whose naturalization may be challenged on procedural or substantive grounds. This development follows reports of ICE confiscating green cards and citizenship documents during enforcement actions, creating significant anxiety among lawful permanent residents and naturalized citizens alike.
For EB-3 applicants, these developments add uncertainty to an already complex process. Applicants in consular processing pipelines face continued delays as the visa pause litigation remains unresolved. Meanwhile, those who have already received green cards or naturalized should be aware that the government's enhanced file review posture could surface issues from prior filings.
Immigration attorneys are advising clients to proactively audit their immigration records for inconsistencies and to retain documentation supporting every stage of their immigration history. Any discrepancies between historical applications and current records could be flagged under the expanded review program.
EB-3 applicants and green card holders should monitor developments in the visa pause litigation closely, as a court ruling in favor of plaintiffs could restore consular processing capacity and accelerate interview scheduling at embassies worldwide.
El Salvador's TPS period expired September 9, 2026, but DHS has not published a termination or extension notice. USCIS and E-Verify confirm Salvadoran TPS holders retain work authorization, but employers lack clear Form I-9 instructions for this interim period.
DHS has proposed eliminating the 60-day grace period that currently allows H-1B, L-1, O-1, E, and TN workers to remain in the U.S. after job loss, significantly increasing risk for employment-based immigrants in transition.
USCIS has proposed eliminating the discretionary 60-day grace period for H-1B and other nonimmigrant visa holders, potentially leaving workers with zero buffer after job loss. The proposed rule was published in the Federal Register for public comment.