Current status — August 27, 2026: the main USCIS 39-country Benefits Hold has not been reinstated by the First Circuit. On August 14, 2026, the U.S. Court of Appeals for the First Circuit granted the government’s stay request only as to the Comprehensive Re-Review Policy, which concerns re-review of certain previously approved immigration benefits. The court denied the stay request otherwise. The appeal remains pending, so the legal posture can still change.
Last updated: August 27, 2026. This page reflects the First Circuit’s August 14 partial stay order and will be updated if the appellate court or USCIS changes the current status.
The USCIS adjudication pause affecting applicants connected to 39 countries was one of the most consequential immigration-processing policies introduced in late 2025 and early 2026. Under the policy, cases could continue through certain administrative steps, but USCIS officers were generally prevented from issuing final approvals, denials or dismissals for covered applicants.
The broad Benefits Hold that prevented final adjudication for covered applicants was vacated by the district court on June 5, 2026. USCIS announced agency-wide compliance on June 12. The legal picture changed in one limited respect on August 14, when the First Circuit granted a stay only for the Comprehensive Re-Review Policy. The appellate court did not grant stay relief restoring the Benefits Hold. The merits appeal remains pending.
The ruling does not mean that every previously delayed case must be approved, nor does it eliminate ordinary USCIS processing times, security checks, interviews, Requests for Evidence, visa-number limits or case-specific eligibility requirements. It means USCIS cannot continue withholding final adjudication solely under the policies that the court vacated.
- Is the USCIS 39-Country Adjudication Pause Still in Effect?
- What Happened on July 15, 2026?
- What Did the First Circuit Do on August 14, 2026?
- What Was the USCIS Adjudication Pause?
- Complete Timeline of the 2025–2026 USCIS Hold
- Which 39 Countries Were Covered?
- The Court Ruling Did Not End the Travel Ban
- What Types of USCIS Applications Were Affected?
- What Happens to Applications That Were Previously on Hold?
- What to Do If Your USCIS Case Is Still Delayed
- 1. Check the Current Case Status
- 2. Compare the Case With Official Processing Times
- 3. Submit a Case Inquiry When Eligible
- 4. Confirm That USCIS Is Not Still Applying a Vacated Hold
- 5. Request Expedited Processing Only When the Criteria Apply
- 6. Consider the CIS Ombudsman or Congressional Assistance
- 7. Obtain Individual Legal Advice Before Filing a Lawsuit
- Can the 39-Country USCIS Pause Return?
- Frequently Asked Questions
- Is USCIS still freezing applications from the 39 countries?
- Does the court ruling guarantee that my application will be approved?
- Did the court cancel the 39-country travel ban?
- Can USCIS still conduct security and background checks?
- Why has my case not changed even though the pause was vacated?
- Can the pause be reinstated during the appeal?
- Should I file a mandamus lawsuit?
- Related Immigration Guides
Is the USCIS 39-Country Adjudication Pause Still in Effect?
The main 39-country Benefits Hold has not been restored by the August 14, 2026 First Circuit order.
The district court had vacated the challenged policies on June 5, 2026. On August 14, the First Circuit granted the government’s emergency stay request only with respect to the Comprehensive Re-Review Policy. The court denied the stay request otherwise. That means applicants should not treat the appellate order as a general return of the 39-country adjudication freeze.
The Comprehensive Re-Review Policy is different from the Benefits Hold: it concerns USCIS re-review of certain previously approved benefit requests for people from specified countries who entered the United States on or after January 20, 2021.
On June 5, 2026, Chief Judge John J. McConnell Jr. issued a 135-page memorandum and order in Dorcas International Institute of Rhode Island v. USCIS. The court declared four challenged USCIS policies unlawful under the Administrative Procedure Act and vacated them in their entirety.
The court entered partial final judgment on June 11, 2026. The following day, USCIS published its official Court Order on Hold Policies alert, confirming that:
- The court order took effect immediately.
- The vacatur applied agency-wide.
- Policy Memoranda PM 602-0192 and PM 602-0194, along with Policy Alert PA-2025-26, were to be treated as if they were not in effect.
The government appealed the judgment to the U.S. Court of Appeals for the First Circuit in case No. 26-1703. However, filing an appeal did not automatically restore the policies.
What Happened on July 15, 2026?
The government asked the district court to stay its judgment while the First Circuit considered the appeal. A stay would have temporarily restored the challenged policies and allowed USCIS to resume withholding final adjudications under them.
On July 15, 2026, the court denied the government’s motion for a stay pending appeal.
The court found that the government had not made the required showing that it was likely to succeed on appeal or that it would suffer irreparable harm without a stay. The order also noted that USCIS had already implemented the June ruling and resumed adjudicating benefit requests from people connected to the covered countries.
As a result, the June 5 vacatur remains operative while the appeal continues unless the First Circuit or another court issues a later order changing that status.
What Did the First Circuit Do on August 14, 2026?
On August 14, 2026, the U.S. Court of Appeals for the First Circuit ruled on the government’s emergency request to stay the district court judgment while the appeal continues.
The court granted the request in part. Its order says stay relief was warranted only for the Comprehensive Re-Review Policy, which directs USCIS personnel to conduct comprehensive re-review of certain previously approved benefit requests for people from specified countries who entered the United States on or after January 20, 2021.
The First Circuit stated that the government’s request for a stay was otherwise denied. The order therefore did not broadly restore the separate Benefits Hold that had prevented final adjudication of covered pending immigration benefit requests.
Why the distinction matters: a policy governing re-review of certain already approved benefits is not the same policy as a categorical hold on final decisions for pending applications. The August 14 order changed the posture of the re-review policy without announcing a general return of the 39-country adjudication pause.
The appeal on the merits remains pending. A later First Circuit decision, Supreme Court action or new USCIS policy could change the status again.
What Was the USCIS Adjudication Pause?
The expression “39-country adjudication pause” is commonly used to describe a group of USCIS policies introduced between November 2025 and January 2026. It was not simply one travel-ban rule or one memorandum.
The court identified four separate policies:
1. Benefits Hold Policy
This policy stopped final adjudication of immigration benefit requests filed by or on behalf of certain people from countries covered by the administration’s travel restrictions.
A case could potentially continue through preliminary processing, biometrics, background checks or an interview, but USCIS generally could not issue a final approval, denial or dismissal while the hold applied.
2. Global Asylum Hold Policy
This was broader than the 39-country list. It placed a hold on affirmative asylum and withholding-of-removal adjudications regardless of the applicant’s nationality.
That distinction matters: the asylum hold was global, while the benefits hold was tied to countries covered by the relevant presidential proclamations.
3. Comprehensive Re-Review Policy
USCIS directed officers to re-review certain immigration benefits that had already been approved for people from the covered countries who entered the United States on or after January 20, 2021.
The re-review could include additional screening, another interview or renewed examination of admissibility and eligibility issues.
4. Country-Specific Factors Policy
USCIS officers were instructed to treat certain country-specific conditions, including alleged weaknesses in screening or identity-management systems, as significant negative factors when deciding discretionary immigration benefits.
The court vacated all four policies rather than only the portion involving pending applications.
Current appellate posture:
- Benefits Hold Policy: the August 14 First Circuit order did not grant stay relief restoring this hold.
- Comprehensive Re-Review Policy: the First Circuit granted stay relief as to this policy while the appeal proceeds.
- Other challenged policies: do not infer a broader reinstatement from the August 14 order; the court said the stay request was otherwise denied.
Complete Timeline of the 2025–2026 USCIS Hold
| Date | Development |
|---|---|
| November 27, 2025 | USCIS issues Policy Alert PA-2025-26, directing officers to consider specified country-related factors as significant negative factors in discretionary adjudications. |
| December 2, 2025 | USCIS issues PM 602-0192, creating the global asylum hold, the benefits hold for countries then covered by the travel proclamation and the comprehensive re-review policy. |
| January 1, 2026 | PM 602-0194 extends the benefit-related policies to the additional countries included in Presidential Proclamation 10998. |
| March 30, 2026 | USCIS reports that it has resumed certain asylum adjudications and lifted holds for some limited groups, but the broader challenged policies remain in place. |
| June 5, 2026 | The District of Rhode Island declares the four policies unlawful and vacates them. |
| June 11, 2026 | The court enters partial final judgment on the Administrative Procedure Act claims. |
| June 12, 2026 | USCIS confirms that the vacatur is effective immediately and applies agency-wide. The government files its First Circuit appeal. |
| July 15, 2026 | The district court denies the government’s request to restore the policies during the appeal. |
| August 14, 2026 | The First Circuit grants a stay in part, limited to the Comprehensive Re-Review Policy, and denies the government’s stay request otherwise. The main Benefits Hold is not broadly reinstated by this order. |
| August 27, 2026 | The merits appeal remains pending. The August 14 partial stay applies to the Comprehensive Re-Review Policy; the First Circuit did not grant stay relief broadly restoring the Benefits Hold. |
Which 39 Countries Were Covered?
The 39-country list came from the countries included in Presidential Proclamation 10998. USCIS used that travel-restriction list when expanding its benefit-adjudication policies.
The division between “full” and “partial” restrictions is primarily a Department of State visa-issuance and entry classification. It should not be interpreted as two current levels of USCIS adjudication holds. The district court vacated the challenged USCIS policies for all covered countries. The First Circuit later stayed that ruling only as to the Comprehensive Re-Review Policy; its August 14 order did not broadly reinstate the main Benefits Hold.
19 Countries Subject to Full Visa-Issuance and Entry Restrictions
- Afghanistan
- Burma (Myanmar)
- Burkina Faso
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Laos
- Libya
- Mali
- Niger
- Sierra Leone
- Somalia
- South Sudan
- Sudan
- Syria
- Yemen
Presidential Proclamation 10998 also applies full restrictions to certain people applying with travel documents issued or endorsed by the Palestinian Authority.
20 Countries Subject to Partial Visa-Issuance and Entry Restrictions
- Angola
- Antigua and Barbuda
- Benin
- Burundi
- Côte d’Ivoire
- Cuba
- Dominica
- Gabon
- The Gambia
- Malawi
- Mauritania
- Nigeria
- Senegal
- Tanzania
- Togo
- Tonga
- Turkmenistan
- Venezuela
- Zambia
- Zimbabwe
For 19 of these countries, the Department of State partially suspended immigrant visas and specified B-1/B-2, F, M and J nonimmigrant visa categories. Turkmenistan is treated differently: the partial suspension applies to immigrant visa issuance.
The Court Ruling Did Not End the Travel Ban
Important distinction: The court vacated USCIS adjudication policies. It did not vacate Presidential Proclamation 10998 or automatically remove Department of State restrictions on visa issuance and entry.
USCIS and the Department of State perform different immigration functions:
- USCIS generally handles immigration benefits inside the United States, including adjustment of status, employment authorization, naturalization, affirmative asylum and many petitions.
- The Department of State generally handles visa applications at U.S. embassies and consulates outside the United States.
- U.S. Customs and Border Protection determines admissibility at ports of entry.
Therefore, a person may now have a USCIS application that can be adjudicated while still facing separate restrictions involving:
- Visa issuance at a U.S. consulate.
- Admission or entry into the United States.
- The specific visa categories covered by the proclamation.
- Whether the person was outside the United States and lacked a valid visa when the proclamation took effect.
- Whether an exception or case-by-case national-interest determination applies.
The June and July court orders should not be interpreted as a general cancellation of the travel restrictions.
What Types of USCIS Applications Were Affected?
The benefits hold was broad. Depending on the applicant, petition, nationality and procedural posture, the policies could affect final adjudication of requests involving:
- Adjustment of status: Pending Form I-485 green card applications.
- Employment authorization: Initial or renewal Form I-765 work permit applications.
- Naturalization: Pending Form N-400 citizenship applications, including cases awaiting a final decision or oath ceremony.
- Family-based cases: Certain petitions or associated applications filed for covered beneficiaries.
- Affirmative asylum: Asylum applications filed with USCIS. The asylum policy was global rather than limited to the 39 countries.
- Travel documents: Certain Form I-131 applications, including advance parole or refugee travel documents.
- Other immigration benefit requests: Additional applications and petitions falling within the language of the challenged memoranda.
The policies did not mean that every covered form stopped moving completely. USCIS could continue some processing activities. The critical restriction was that covered cases could be prevented from reaching a final adjudication.
What Happens to Applications That Were Previously on Hold?
USCIS may continue adjudicating pending cases without relying on the former Benefits Hold or the other challenged policies for which the First Circuit did not grant stay relief. The August 14 order separately granted stay relief for the Comprehensive Re-Review Policy while the appeal proceeds.
However, the court ruling does not create automatic approval. A previously held application may still experience delays or receive an adverse decision for lawful, case-specific reasons, including:
- Missing evidence or an unanswered Request for Evidence.
- Pending biometrics, identity verification or security checks.
- A scheduled or required interview.
- Questions involving admissibility or eligibility.
- Annual visa-number limits or Visa Bulletin retrogression.
- USCIS workload and ordinary processing backlogs.
- A separate policy, statute or regulation not vacated in the Dorcas case.
The ruling removes the categorical policy barrier. It does not guarantee that every affected file will receive an immediate decision or that USCIS must approve the underlying benefit.
What to Do If Your USCIS Case Is Still Delayed
If your case was previously affected but has not moved, begin with the normal USCIS escalation process rather than assuming that the old policy is still being applied.
1. Check the Current Case Status
Use the official USCIS Case Status Online tool and review every notice USCIS has issued. Confirm that USCIS has your current mailing address and that no response deadline has been missed.
2. Compare the Case With Official Processing Times
Check the form, office and filing date using the USCIS processing-times tool. A case that has not changed recently is not necessarily outside normal processing time.
3. Submit a Case Inquiry When Eligible
If the case is outside the published inquiry date, submit an official USCIS e-Request. Keep the confirmation number and copies of any responses.
4. Confirm That USCIS Is Not Still Applying a Vacated Hold
If USCIS, a service-request response or a case officer explicitly states that a pending application cannot receive a final decision solely because of the former 39-country Benefits Hold, preserve that communication and consider obtaining qualified legal advice. The First Circuit’s August 14 order did not broadly restore that Benefits Hold. The Comprehensive Re-Review Policy has a different appellate status because the First Circuit granted stay relief specifically for that policy.
5. Request Expedited Processing Only When the Criteria Apply
An expedite request is not available merely because a case was delayed. USCIS evaluates expedite requests individually and generally requires documented circumstances such as severe financial loss, urgent humanitarian needs, nonprofit interests, government interests or clear USCIS error.
Review the official USCIS expedite-request guidance before submitting a request.
6. Consider the CIS Ombudsman or Congressional Assistance
When ordinary USCIS channels have not resolved a serious problem, applicants may consider requesting assistance from the Citizenship and Immigration Services Ombudsman.
A U.S. senator or representative may also submit a congressional inquiry in an appropriate constituent case. Congressional assistance cannot order USCIS to approve an application, but it may help obtain information or clarify an unusual delay.
7. Obtain Individual Legal Advice Before Filing a Lawsuit
A federal mandamus or Administrative Procedure Act lawsuit may be considered in some unreasonably delayed cases, but litigation is not automatically appropriate for every applicant who was previously subject to the hold.
An attorney should examine:
- How long the case has been pending.
- The published processing time.
- Whether USCIS has a lawful reason for the delay.
- Whether administrative inquiries have already been attempted.
- The applicant’s immigration status and procedural history.
- Any urgent employment, medical or family-related harm.
- The risks, costs and jurisdictional issues associated with federal litigation.
Can the 39-Country USCIS Pause Return?
The legal posture has changed in part, but the August 14, 2026 appellate order did not broadly restore the main 39-country Benefits Hold.
The government could seek relief from the First Circuit, and the appellate court could later reverse or modify the district court’s judgment. USCIS could also attempt to issue a new policy structured differently from the policies vacated in Dorcas.
Those possibilities do not change the present status. Unless a later judicial or agency action takes effect:
- The First Circuit granted stay relief only for the Comprehensive Re-Review Policy.
- The court denied the government’s stay request otherwise.
- The main Benefits Hold was not broadly reinstated by the August 14 order.
- The merits appeal remains pending and a later ruling could change the legal status.
- Separate visa-issuance and entry restrictions under Presidential Proclamation 10998 remain a different legal issue.
Frequently Asked Questions
Is USCIS still freezing applications from the 39 countries?
The August 14 First Circuit order did not broadly restore the main Benefits Hold. The appellate court granted stay relief only for the Comprehensive Re-Review Policy and denied the stay request otherwise. Individual cases may still be delayed for lawful case-specific reasons.
Does the court ruling guarantee that my application will be approved?
No. The ruling removes the vacated policy as a basis for withholding adjudication. USCIS may still approve, deny, request evidence, schedule an interview or continue lawful case-specific review.
Did the court cancel the 39-country travel ban?
No. The case concerned USCIS benefit-adjudication policies. Restrictions involving visa issuance at consulates and entry into the United States under Presidential Proclamation 10998 remain separate.
Can USCIS still conduct security and background checks?
Yes. Vacating the blanket policies does not prevent USCIS from conducting lawful identity, background, national-security, fraud or eligibility checks in individual cases.
Why has my case not changed even though the pause was vacated?
Possible reasons include normal processing backlogs, a pending background check, an interview, missing evidence, visa-number availability, an unanswered notice or another case-specific issue. Check official processing times and submit an inquiry when eligible.
Can the pause be reinstated during the appeal?
The First Circuit has already changed the posture in one limited respect by granting a stay for the Comprehensive Re-Review Policy. It did not broadly reinstate the Benefits Hold. A later appellate ruling could still change the status.
Should I file a mandamus lawsuit?
Not solely because the former hold once applied to your case. Mandamus litigation is case-specific and generally requires analysis of the delay, processing times, USCIS’s explanation, previous inquiries, urgency, jurisdiction and potential risks. Consult an experienced immigration litigation attorney.
Key point: The main USCIS 39-country Benefits Hold has not been broadly reinstated. The First Circuit’s August 14, 2026 order granted stay relief only for the Comprehensive Re-Review Policy and denied the government’s stay request otherwise. Pending cases may still face lawful case-specific review, and the merits appeal could change the legal posture again.
This guide provides general information and does not replace legal advice based on an individual immigration case.
Related Immigration Guides
- Form N-400: How to Apply for U.S. Citizenship
- Deportation Defense Guide
- Trump ICE Enforcement Strategy 2026
- Green Card: Form I-485 Adjustment of Status Guide
- Asylum in the United States: Complete Guide
- EAD Employment Authorization Document Guide
- Third-Country Deportations 2026: Rights and What to Do
