Appeals Court Allows USCIS to Re-Examine Some Approved Immigration Benefits
A federal appeals court has allowed U.S. Citizenship and Immigration Services to resume reviewing certain previously approved immigration benefits for people from countries subject to U.S. travel restrictions while the government’s appeal continues.
The U.S. Court of Appeals for the 1st Circuit on Aug. 14 partially stayed a lower court ruling that had blocked several USCIS policies affecting nationals of travel ban countries. The order permits enforcement only of the agency’s “Comprehensive Re-Review Policy,” which directs USCIS officers to re-examine approved benefit requests involving people from designated countries who entered the United States on or after Jan. 20, 2021.
The three-judge panel denied the government’s request to restore the remaining policies challenged in the case. Those policies remain blocked, including a pause on adjudicating certain immigration-benefit applications, the treatment of travel-ban nationality as a negative factor in discretionary cases, and a suspension of asylum adjudications.
The ruling stems from Dorcas International Institute of Rhode Island v. USCIS, a lawsuit filed by immigrant-service organizations and labor unions challenging USCIS policies introduced in late 2025 and expanded in January 2026 after the administration broadened its travel restrictions.
In June, the U.S. District Court for the District of Rhode Island found the policies unlawful under the Administrative Procedure Act and set them aside. The government appealed and sought an emergency stay pending the outcome of the case.
The 1st Circuit said the government met the standard for a stay only regarding the re-review policy. The policy calls for a “comprehensive re-review” of approved benefit requests involving people from certain countries who entered the United States on or after Jan. 20, 2021, according to the court order.
The appellate court did not rule on the ultimate legality of the policy. Instead, its decision allows USCIS to resume the limited re-review practice while the appeal is pending.
The policy could affect individuals who have already received approvals for immigration benefits, including applicants from countries covered by full or partial travel restrictions. It may also reach people who entered the country before Jan. 20, 2021, if their immigration benefit was approved on or after that date, according to immigration legal analyses of the policy.
The challenged USCIS measures applied to people born in or nationals of 39 countries, as well as holders of Palestinian Authority travel documents. The countries include Afghanistan, Burma, Cuba, Haiti, Iran, Libya, Somalia, Sudan, Syria, Venezuela, and Yemen, among others.
Individuals who receive USCIS notices indicating that an approved benefit is being re-reviewed should consult a qualified immigration attorney or accredited legal representative.