United States | “Hold and Review” directive issued for pending AOS applications in Diversity Visa Program

U.S. Citizenship and Immigration Services released a policy memorandum on Dec. 19, effective immediately, pausing all pending adjustment of status (AOS) applications under the Diversity Immigrant Visa (DV) Program. The policy also calls for implementing a comprehensive review of the program’s AOS applicant-related policies, procedures, and screening and vetting processes, as well as mandating interviews for certain DV Program applicants.

Key Points:

• The policy memorandum explicitly directs USCIS personnel to:
  • “1. Place a hold on all pending adjustment of status, ancillary benefits and associated waiver applications, for aliens who are applying to adjust to lawful permanent resident status under the DV Program pending a comprehensive review; and
  • 2. Conduct a comprehensive review of all policies, procedures, and screening and vetting processes for adjustment of status, ancillary benefits and associated waiver applications by aliens seeking adjustment of status under the DV Program.”
• The interview mandate for certain DV Program applicants states that “all aliens with pending adjustment of status, ancillary benefits and waiver applications meeting these criteria undergo a thorough review process, including an interview for the Application to Register Permanent Residence or Adjust Status (Form I-485) and, if necessary, a re-interview, to fully assess all national security, criminal and related grounds of inadmissibility and deportation.”
• The pause in certain final adjudications under the DV Program applies to the following applications:
  • Form I‑485, Application to Register Permanent Residence or Adjust Status
  • Form I‑765, Employment Authorization Document under 8 CFR 274a.12(c)(9)
  • Form I‑131, Advance Parole/Travel Document
  • Form I‑601, Waiver of Grounds of Inadmissibility
  • Form I‑212, Permission to Reapply After Deportation or Removal
  • Form I‑824, Action on an Approved Application or Petition
• The memorandum states, “No other applications, petitions or benefit requests are included in this hold.”
• Exemptions to the adjudication pause may be granted only in extraordinary circumstances, which “may include applications filed by aliens whose adjustment of status or grant of an ancillary benefit or waiver would serve a U.S. national interest.”
• Until the pause is lifted by USCIS leadership, no final adjudications, approvals or denials may be issued.

Additional Information: The memorandum notes the pause has been implemented for national security and public safety considerations in alignment with immigration-related executive orders issued on Jan. 20, 2025.

Although the DV Program is run by the U.S. State Department, the State Department has not issued a related announcement at the time of this publication for all other DV Program cases (i.e., non-AOS cases).

The DV Program allows nationals from countries with historically low U.S. immigration rates to apply for a chance to seek permanent residence. Each year, up to 55,000 visas are made available through the program. USCIS previously issued a “hold and review” directive on Dec. 2, 2025, regarding pending asylum and benefit applications for nationals of certain “high-risk” countries.

BAL is closely monitoring USCIS implementation of the memorandum, including potential litigation challenges and emerging guidance. We will issue updates as additional information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.