USCIS published its official statement this Friday confirming the lifting of the immigration pause, complying with the 24-hour deadline imposed on Thursday the 11th by federal judge John J. McConnell Jr. of the District of Rhode Island. Immigration attorney Liudmila Marcelo explained in detail what this decision actually entails and, most importantly, what it does not entail.
According to Marcelo, the USCIS statement openly acknowledges its disagreement with the ruling. "They do not agree with the judge's decision and state that they are evaluating any other legal processes; in other words, an appeal is what they should have in mind, but they will indeed comply with the judge's order."
The agency leaves open the possibility of appealing to a higher court, something that the attorney considers likely but not very promising. "The judge's order is quite strong, very well grounded, so they might do it, but I doubt the success of this type of appeals," she stated.
What is decisive, Marcelo emphasizes, is that regardless of any future appeal, USCIS is now obliged to act. "As they do so, the important thing is that they must lift the pause and process the pending cases."
However, the lawyer was emphatic in warning that the lifting does not equate to an immediate solution. "This does not mean it will be quick or immediate, because remember that before the pause we already had cases that were waiting for more than three years," she noted.
It doesn't mean there will be automatic approvals either. "It doesn't mean they will grant residency to everyone; it means they will make a decision. The decision could be yes, it could be no, or they might call you for an interview, and you'll also have to wait for the results of that interview," Marcelo explained.
The immigration pause was implemented on December 2, 2025, suspending affirmative asylum procedures, status adjustments, work permits, and naturalization for nationals from 39 countries included in the travel ban of the Trump administration.
The ruling by Judge McConnell, issued last Thursday, June 5, spans 135 pages and declared four internal USCIS policies illegal: the Benefits Hold, the Global Asylum Hold, the Comprehensive Re-Review, and the Country-Specific Factors policy. The judge was unequivocal: there are no excuses for not complying with the order.
It is important to clarify that the ruling does not lift the travel ban itself, but only the internal adjudication policies of USCIS. Those who benefit are individuals already in the United States with pending adjustment of status or affirmative asylum cases, not those applying for visas from abroad.
Regarding the immediate steps following the lifting of the pause, Marcelo indicated that "starting Monday, appointments may begin to arrive," although he warned that the interviews will be more stringent than they were before the pause and that USCIS does not check availability when scheduling them.
The lawyer also acknowledged the impact this will have on legal teams. "A significant surge in workload, because, for example, right now we have many pending status adjustments and we may receive a lot of interviews."
Marcelo's conclusion was clear: "It is now official that the pause has been lifted. What remains to be seen is what steps they will implement and what they will continue to publish, but we can say that it has indeed been lifted, and it is official and applies to the entire country."
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