For thousands of immigrants, life is filled with uncertainty while waiting for USCIS to decide an immigration petition. Many have spent years gathering evidence, attending court hearings, and hoping their application will be approved before an Immigration Judge makes a final decision.
What changed?
On June 22, 2026, a federal court approved a consent decree vacating the Administrative Closure Rule. Administrative closure allowed Immigration Judges, in some situations, to temporarily remove removal proceedings from the active calendar while USCIS reviewed related petitions such as I-360, I-130, U Visa, T Visa, and Adjustment of Status applications.
Administrative closure never granted lawful status. It simply gave some applicants more time while USCIS processed their case.
In plain terms: the "pause button" some Immigration Judges could press while USCIS reviewed a related petition is no longer reliably available. Cases may now move forward on the court's timeline, not USCIS's.
A story that could be anyone's
Imagine Maria. After escaping an abusive marriage, she filed an I-360 VAWA petition while also defending herself in Immigration Court. Under the previous rule, her attorney could sometimes ask the court to pause proceedings until USCIS made a decision. Without administrative closure, her Immigration Court case may continue before USCIS reaches a decision. If no other relief is available, an Immigration Judge may issue a removal order.
Maria is a fictional example created to illustrate a situation many immigrants may face.
Why this matters
This ruling does not automatically deport anyone. However, it may increase deportation risk because Immigration Court and USCIS often move on different timelines. Some removal proceedings may continue while petitions remain pending with USCIS.
Can ICE still arrest me if my I-130 or I-360 is pending?
One of the biggest misconceptions is that filing an I-130 or I-360 automatically protects someone from deportation. It does not.
A pending petition does not automatically stop Immigration Court proceedings, prevent ICE from making an arrest, or prohibit an Immigration Judge from issuing a removal order. In some situations, ICE may continue pursuing removal while a petition remains pending with USCIS.
The recent changes may make it easier for ICE to proceed with some removal cases because Immigration Judges may have fewer opportunities to pause proceedings while USCIS reviews a pending petition.
This does not mean everyone with a pending I-130 or I-360 will be arrested or deported. Every case is different. However, waiting for USCIS alone may no longer be enough if you are already in removal proceedings.
Who may be affected?
- Pending I-360 petitions
- Pending I-130 petitions
- U Visa applicants
- T Visa applicants
- Adjustment of Status applicants
- Anyone in Immigration Court while waiting for USCIS
What should you do?
- Review your Immigration Court case immediately
- Check your USCIS case status
- Gather supporting evidence
- Do not assume the court will wait for USCIS
- Speak with an experienced immigration attorney before your next hearing
Final thoughts
Behind every immigration case is a real person — a survivor seeking safety, a spouse trying to keep a family together, or a parent fighting to remain with their children.
This ruling does not decide anyone's case by itself, but it may increase the risk that some removal proceedings move forward before USCIS finishes reviewing a petition.