Every change of administration brings questions from people with pending immigration cases. Will my application be judged by the old rules or the new ones? Can an approval be taken back? Can a program I rely on disappear? The honest answer is that a new administration can change a lot, but not everything, and the details depend on which tool it uses.
This guide is general information about how the system works, not a prediction about any case.
What a new administration can change quickly
Processing priorities and practices
Agencies decide how to allocate officers, which cases to prioritize, what extra screening to require and how interviews are scheduled. These operational choices can speed up or slow down entire categories. In August 2026, the State Department paused Immigrant visaA visa issued at a consulate to a person intending to live permanently in the United States. On admission the holder becomes a permanent resident.See it in the glossary interviews worldwide for training, as we reported.
Guidance used to decide cases
USCIS policy manual updates often apply to cases pending on or after the update date. For example, USCIS cut the maximum validity of EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary for pending adjustment applicants from five years to 18 months, effective December 5, 2025, for applications pending on or after that date, according to Herbert Smith Freehills Kramer.
Discretionary decisions
Many benefits involve discretion, such as ParoleDiscretionary, temporary permission for a person who may be inadmissible to enter or remain in the United States for urgent humanitarian reasons or significant public benefit, set out in INA 212(d)(5). Parole is not an admission, and a paroled person is still treated as an applicant for admission.See it in the glossary, some waivers and Deferred actionA discretionary decision not to pursue removal of a person for a set period. It does not confer lawful status. DACA is one program built on it.See it in the glossary. A new administration can exercise that discretion differently, within the law.
Entry restrictions
Presidential proclamationA formal statement from the President addressed to the public. In immigration, proclamations are often issued under INA 212(f), which lets the President suspend or restrict the entry of noncitizens when the President finds their entry would be detrimental to the interests of the United States. The Supreme Court read that authority broadly in Trump v. Hawaii (2018), though courts have said it cannot override other parts of the INA.See it in the glossary under section 212(f) can restrict entry for groups of noncitizens, which affects people abroad awaiting visas. The Supreme Court upheld broad use of this power in Trump v. Hawaii.
What takes longer
Regulations
Binding rules usually require notice and comment, so replacing a regulation takes months or more. Pending applications are generally decided under the regulations in effect when the decision is made, unless a rule says it applies only to new filings. Read each rule’s applicability section.
Undoing a finished rule
A new administration that wants to reverse a regulation generally has to go through a new rulemaking, with a reasoned explanation. In DHS v. Regents, the Supreme Court held that ending Deferred Action for Childhood Arrivals (DACA)A policy begun in 2012 under which certain people who came to the United States as children could request deferred action, a discretionary decision not to pursue removal for a set period, along with work authorization. Deferred action does not provide lawful status. Under current court orders, USCIS continues to process renewals but is not approving initial requests.See it in the glossary required adequate reasons under the Administrative Procedure Act.
What a new administration cannot do alone
- Change the statute. Visa categories, annual limits and eligibility rules written by Congress stay the same unless Congress acts.
- Override the Constitution. The Supreme Court struck down the birthright citizenship Executive orderA directive from the President to federal agencies and officials about how to run the executive branch and carry out the law. Executive orders are numbered and published in the Federal Register, and they generally bind the executive branch.See it in the glossary in Trump v. Barbara on June 30, 2026.
- Strip citizenship by decision. Revoking NaturalizationThe process by which a permanent resident becomes a U.S. citizen, generally after three or five years of residence, by filing Form N-400.See it in the glossary generally requires a federal court proceeding, as in the denaturalization case we covered in September.
- Cancel a green card without process. Permanent residence can be lost through abandonment, removal proceedings or rescission, each with legal procedures.
- Ignore court orders. Agencies must follow valid court rulings, even while appealing them.
Where pending cases are most exposed
Temporary programs and status that depend on discretion
Programs created by executive action, such as parole programs, deferred action or Temporary Protected Status designations, are more exposed because they can be modified or terminated through the same kind of action that created them, subject to legal limits and court review. TPS decisions for El Salvador have been an example this year, covered here.
Approved but not yet final benefits
An approved petition is not the same as a granted status. An approved I-130 or I-140 places a person in line, but the later visa or green card application is judged under the rules at that time. Approved petitions can also be revoked in some circumstances, with notice.
Cases that span years
A green card case filed under one administration may be decided under the next. Public charge standards, fee schedules and form editions can all change while it is pending. The new public charge standard that took effect September 18, 2026 applies to adjustment decisions under its own terms, as we explained.
What stays relatively stable
- Statutory categories and annual caps.
- Rules in regulations until a new rule replaces them.
- The priority date on an approved petition.
- Granted permanent residence and citizenship, absent legal proceedings.
Practical steps during a transition
- Keep copies of every notice, receipt and approval.
- Follow official agency announcements rather than campaign statements or rumors.
- Check form editions and fees just before filing.
- Plan international travel carefully if a case is pending, since entry rules and screening can change.
- For status that depends on discretion, get individual advice about backup options.
For how presidential tools work, see how a President changes immigration policy.
How to read campaign or transition promises
Statements about immigration during a campaign or transition describe goals, not law. To see whether a promise will reach a pending case, ask which tool it would require. A promise that needs Congress, such as changing annual caps, is uncertain. One that needs a regulation will take months and invite litigation. One that relies on guidance or processing priorities can happen quickly. That framework helps separate what can change soon from what is unlikely to change at all.
Common questions
Will my green card application be judged under the rules from when I filed?
Not always. Many decisions apply the law and regulations in effect when the decision is made. Some rules include transition provisions for pending cases. Read the applicability section of any new rule.
Can an approved visa be revoked?
Yes, the State Department can revoke visas in some circumstances. A revoked visa means a new application is needed to travel. Status granted inside the United States follows separate rules.
Do fee changes apply to pending cases?
Fees are generally tied to the date of filing. A filing made before a fee change is usually not charged the new fee, but later filings in the same case, such as renewals, follow the fee in effect then.
Should I rush to file before a new administration takes office?
Filing early can help if you are ready and eligible, but a rushed, incomplete filing can be denied. Weigh readiness against possible changes, ideally with individual advice.