Court vacates the USCIS 39-country adjudication pause - what the Dorcas ruling means
5 mins read | Jun 5, 2026
AN INSIDER’S PERSPECTIVE ON WHAT MAKES BEING AN IMMIGRATION LAWYER CHALLENGING AND UNPREDICTABLE.
Contributor
Nadine
Reading time
3 mins read
Date published
Dec 3, 2024
Immigration law might seem like a clear-cut field where rules are applied uniformly, but the reality is far more complex. To get an insider’s perspective on what makes this job both challenging and unpredictable, I spoke with José Carlos de Wit, an experienced attorney working in US immigration services since 2014 and practicing law for longer.
Even the most airtight immigration case can face unexpected hurdles. According to José: "The perfect candidate with the perfect case can get the wrong officer and get the wrong outcome."
He highlights that success of a US green card or visa isn’t solely about meeting the requirements. The adjudication process introduces an element of unpredictability. "You might do an excellent job, but the other part of a case's success is just who is reviewing it. Human bias does exist, and sometimes adjudicators struggle to keep up with policy changes."
Policy updates, varying interpretations, and individual discretion can all influence the outcome of a case. What else makes working in US immigration services more challenging?
Immigration law evolves rapidly, often leaving little time for attorneys, applicants, or even adjudicators to catch up. What was true six months ago might no longer apply, making it critical for immigration lawyers to stay ahead of the curve.
On the other hand… José puts it bluntly: "Immigration works in dog years." The processes move slower than we all hope and expect, so you can never start planning for a green card or visa process too soon.
Immigration in the US isn’t governed by one central body. Instead, multiple agencies with distinct roles and often conflicting approaches manage the process of US green cards and visa. "There are three large agencies dealing with immigration in the US—DOS, DHS, and DOL—which in turn are subdivided into sub-agencies including USCIS, ICE, and CBP. They all have their own rulebook, and they change without warning,” says José. This fragmentation can result in confusion and frustration for applicants and attorneys alike.
Equally concerned with this complexity, Tukki faced this issue head-on, creating technology to ease the job of the immigration lawyer as well as visa hopefuls. Read more about those US visa services here, if you’re curious.
Unlike other areas of law with comprehensive codes, José sees immigration law as a large tangle, with legislation, guidelines, and administrative interpretations in multiple places.
"There’s no 'Bible' for immigration law—there's a patchwork of acts, manuals, and memos that may or may not apply depending on the officer and the day." This lack of consistency means immigration lawyers must navigate each case with precision, creativity, and adaptability, and of course keep some Tylenol on hand for the headaches!
For immigration lawyers, the work of US green card and visa applications isn’t just about filing forms or attending interviews. It’s about staying resilient in the face of uncertainty and working hard for clients who may feel the system is stacked against them.
José’s insights reveal the human side of immigration law: a field where success depends not just on knowledge but on persistence and the ability to adapt to an ever-changing landscape.
For those seeking US immigration services, I hope this behind-the-scenes look serves as a reminder to choose representation that understands the system's complexities and advocates fiercely on your behalf.
To outsource the red tape to a combination of expert attorneys and advanced tech, get in touch with our team.
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Need more clarity?
Find quick answers to frequent visa questions from our legal experts
What's the difference between the 180-day rule and the Substantial Presence Test?
The "180 day rule" is an informal immigration guideline suggesting B1/B2 visitors shouldn't spend more than roughly 180 days per year in the U.S. to avoid CBP scrutiny. The Substantial Presence Test is a separate IRS tax formula that determines whether you've spent enough time in the U.S. to be taxed as a resident.
They serve different purposes: one affects your ability to enter the country, the other affects your tax obligations.
Can I get a refund if USCIS denies my Form I-90?
No. The Form I-90 filing fee is non-refundable, whether USCIS approves or denies the application. This is why double-checking eligibility and the supporting documentation matters before you file.
If you discover after filing that you sent the wrong form or paid the wrong fee, USCIS will reject the package; rejected filings don't generate a denial, and the fee is generally returned with the rejected package.
Can I travel internationally while my Form I-90 is pending?
Yes. Your existing green card (even if expired) plus the I-797 receipt notice with the 36-month extension language is accepted by U.S. Customs and Border Protection at re-entry. If you don't have your physical green card, you can request an ADIT (I-551) stamp at a USCIS field office before you leave to make re-entry smoother.
Foreign airlines sometimes ask for additional documentation, so carry both the receipt notice and the existing card.
Can I file for the EB-1A and the Adjustment of Status at the same time?
Yes in most cases (when your priority date is current), but we generally advise against it.
Filing for Adjustment of Status signals clear immigrant intent. If your EB-1A is denied, it could make obtaining non–dual intent visas (such as E-1 or E-2) more difficult.
The safer approach: secure EB-1A approval first, then apply for Adjustment of Status.
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