Introduction
With a possible U.S. government shutdown at midnight, many immigrant families are asking: Will my immigration case be delayed? Will USCIS stop working? The truth is, not everything shuts down. Some services continue while others face major delays.
In this blog, The Cruz Law Office, APC explains how a government shutdown impacts immigration cases, USCIS, immigration courts, work permits, and consulates — and what you should do to protect your case.
What Is a Government Shutdown?
A government shutdown happens when Congress fails to pass a budget on time. When that occurs, many federal agencies must pause or reduce operations. Some employees are placed on furlough, while essential services continue.
👉 Not all agencies close. Some are considered essential, and others (like USCIS) continue operating because they are funded through application fees, not taxpayer funding.
Does USCIS Keep Working During a Shutdown?
Yes. USCIS remains open. Most immigration services continue because they are supported by filing fees.
That means you can still move forward with:
- Green card (adjustment of status / residency)
- Citizenship (N-400 naturalization)
- DACA renewals and new applications
- Work permits (EAD)
- Family petitions (I-130)
📌 Appointments, biometrics, and interviews are usually not canceled. Always check your USCIS notice, but in most cases, services continue as normal.
What Happens to Immigration Courts During a Shutdown?
Immigration courts fall under the Department of Justice (DOJ), which requires Congressional funding. During a shutdown:
- Cases for detained immigrants continue.
- Cases for non-detained immigrants are usually postponed and later rescheduled.
This can create serious delays if the shutdown lasts for weeks.
Does the Department of Labor Continue Processing Immigration Applications?
No. The Department of Labor halts operations during a shutdown. That means no processing of:
- Prevailing Wage Determinations (PWD)
- Labor Condition Applications (LCA)
- PERM labor certifications
This impacts workers and employers applying for employment-based visas
Is E-Verify Available During a Shutdown?
No. The E-Verify system is suspended.
- Employers must still complete Form I-9 for new hires.
- Once E-Verify is back online, pending cases can be submitted.
Do U.S. Consulates Continue Processing Passports and Visas?
In many cases, yes. Most consulates continue processing because they are funded by fees. However, some may operate with limited staff or reduced services.
✅ Always confirm the status of your specific consulate before traveling.
Does Border Security Continue During a Shutdown?
Yes. CBP (Customs and Border Protection) and ICE (Immigration and Customs Enforcement) continue their enforcement operations as essential services.
What This Means for You
A government shutdown can create uncertainty, but not all immigration processes stop.
- ✅ USCIS continues working
- ✅ Consulates usually remain open
- ✅ Border security continues
- ⚠️ Immigration courts face delays for non-detained cases
- ⚠️ Department of Labor applications pause
At The Cruz Law Office, we monitor updates in real time. If your case is affected, our team will guide you step-by-step
For more on how the current government shutdown could affect immigration cases and processing times, see this coverage from The New York Times.
📞 Concerned about your immigration case? Call 877-619-8472 today for a consultation.
Frequently Asked Questions (FAQ)
No. USCIS remains open because it is funded by application fees.
Detained cases move forward, but many non-detained cases are delayed.
Yes. USCIS continues processing work permits (EAD).
These are paused since the Department of Labor halts operations.
No. E-Verify is suspended, but employers must complete Form I-9.
In most cases, yes, though services may be limited.