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Commentary: Legal safeguards matter in unpredictable US immigration system
Whether someone is applying for a work visa, permanent residence, US citizenship, humanitarian protection or an investment-based immigration pathway, uncertainty is often part of the journey
- PUBLISHED: Mon 29 Jun 2026, 6:00 AM
- By:
- Shai Zamanian
The author is legal director at The American Legal Center in Dubai and a specialist in US EB-5 investor visas.
Imagine spending years planning your move to the United States. You've gathered documents, paid government filing fees, consulted immigration lawyers and started building a future for yourself and your family. Then, without warning, your immigration application stops moving.
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Not because it has been refused. Not because more information is needed. Simply because the government has decided to stop processing it.
That became the reality for thousands of applicants from 39 countries after the US Citizenship and Immigration Services (USCIS) paused the adjudication of a broad range of immigration benefit applications. Among those affected were nationals of Pakistan, Egypt, Iran, Sudan, Somalia and Yemen, many of whom live and work across the GCC.
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The pause extended across multiple immigration pathways, including asylum, employment authorization, permanent residence, naturalization and certain humanitarian applications, leaving thousands of people uncertain about what would happen next.
Earlier this month, that uncertainty eased when a US federal court ruled that USCIS had acted unlawfully in introducing the processing pause. The court found that the agency had exceeded the authority granted to it by Congress and had failed to follow the legal procedures required before implementing such a significant policy change. As a result, the judge ordered USCIS to resume processing the affected applications.
The decision is significant not simply because cases can begin moving again, but because it reinforces an important principle of US immigration law: Government agencies cannot introduce sweeping changes without proper legal authority.
That doesn't mean everything returns to normal overnight.
The ruling does not remove the underlying presidential travel restrictions, nor does it automatically approve pending immigration applications. The US government has appealed the decision, meaning the legal process is far from over. However, USCIS has confirmed that it is complying with the court's order while the appeal proceeds.
For applicants, that distinction is important. Their cases can once again move through the system, even though the broader legal challenge continues.
This decision is a reminder that immigration policy doesn't exist in a vacuum. Government policies can change quickly, but so can the legal landscape. Courts play an important role in ensuring immigration agencies operate within the limits set by Congress, and applicants shouldn't assume that every policy introduced today will necessarily remain in place tomorrow.
The case also offers a broader lesson for anyone considering US immigration.
Whether someone is applying for a work visa, permanent residence, U.S. citizenship, humanitarian protection or an investment-based immigration pathway, uncertainty is often part of the journey. Policies change. Court decisions follow. Appeals can take months or even years.
The key is not to put life on hold every time immigration policy changes.
Instead, applicants should stay informed, continue preparing their cases and seek professional guidance so they are ready when opportunities arise.
For thousands of people whose applications had effectively been frozen, this ruling represents more than a legal victory. It is a reminder that the immigration system, while complex, is still governed by the rule of law and that even government decisions remain subject to judicial oversight.