Becky von Trapp Immigration Attorney

08/19/2026

08/05/2026

🚨 Don’t Panic: USCIS Isn’t Denying Every Case—But Your Filing Strategy May Need to Change

The recent USCIS announcement has generated a lot of concern, but it’s important to understand what it actually says.

First, this is not an entirely new concept. USCIS has exercised this type of discretion before, and unfortunately, this policy has now been reinforced again.

More importantly, this does not mean USCIS is going to start denying every application.

What it means is that USCIS officers now have the discretion to deny certain cases without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). In other words, if your petition is missing required evidence or does not establish eligibility at the time of filing, you may not get a second chance to fix it.

This has significant strategic implications.

If your plan has been to:
• File a petition primarily to bridge your status,
• Submit a case expecting an RFE to provide the missing evidence later, or
• Treat the initial filing as a placeholder while you continue gathering documentation,

it’s time to adjust that strategy.

The lesson here is not that USCIS will deny every application. The lesson is that your initial filing needs to be as complete and well-supported as possible from day one. Hoping for an RFE is no longer a strategy you can safely rely on.

This policy doesn’t change the legal standards for eligibility—it changes how much discretion USCIS has in deciding whether to give applicants an opportunity to cure deficiencies before issuing a denial. That’s an important distinction, and one that applicants and practitioners should take seriously.

06/05/2026

ICE raids are increasing, and they often target industries that rely heavily on foreign labor, including construction, manufacturing, and hospitality. Every employer, regardless of the size of their business, should have a plan in place for potential ICE enforcement actions and ensure full compliance with I-9 regulations. Better yet, employers should take a proactive approach by exploring legal pathways to sponsor and retain foreign workers, helping to build a stable and compliant workforce.

Lake Placid businesses, immigrant community rattled by ICE raids - https://www.wcax.com/news/2026/06/04/lake-placid-businesses-immigrant-community-rattled-by-ice-raids/

05/22/2026

Attention for all marriage based green card applicants! AOS may not be available for you stating TODAY.

USCIS is applying long-standing law and prior court decisions to require certain aliens with temporary visas who decide they want to permanently reside in the U.S. to return to their home countries to apply for permanent visas through the U.S. Department of State.

We're returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.

Here’s what you should know: https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary

04/29/2026

Heartfelt thanks to our H-2B visa sponsoring client for kind words. Your faith in our team is valued; we will persist in providing top-notch services.

04/20/2026

Last week I had the honor of representing Vermont attorneys, on behalf of the American Immigration Lawyers Association, in Washington, D.C. on Capitol Hill, where we met with the offices of Vermont’s two senators and one representative to discuss and advocate for immigration policy.

Our position is that immigration policy has positive impacts across the board—on the economy, education, technology, and culture. A predictable, consistent, and stable immigration policy is what truly serves the national interest.

It was a great privilege to meet Representative Becca Balint in person, and I am deeply honored by the opportunity.

04/06/2026

Looking for seasonal employees? Refer to this ad to schedule a complimentary consultation (conditions apply).

03/30/2026

I had the privilege of presenting a CLE session at the Vermont Bar Association ‘s Spring Conference last Friday, alongside my VBA immigration division co-chair, Jill Martin Diaz

My portion of the presentation focused on worksite compliance—an area of increasing importance and regulatory scrutiny under the current administration.

It is always meaningful to serve the Vermont legal community and to share insights with fellow Vermont attorneys.

03/23/2026

F2A Is Now Current — A Major Opportunity for Families of Green Card Holders

The April 2026 Visa Bulletin reflects a significant development for the F2A category (spouses and unmarried children under 21 of lawful permanent residents), which is now listed as “Current” under the Dates for Filing chart.

USCIS has confirmed that applicants may use the Dates for Filing chart for family-sponsored categories this month. As a result, eligible individuals in the F2A category may file for adjustment of status and apply for employment authorization and advance parole.

The last time we observed a similar movement was during the COVID-19 period, when consular processing was substantially reduced. The current shift may be influenced, at least in part, by broader travel restrictions affecting visa issuance.

This is a meaningful and positive development for families, allowing them to move forward more quickly in the immigration process.