As U.S. immigration policies continue to evolve, many Vietnamese families planning to reunite in the United States are concerned about how these changes may affect their immigration cases.

At Truong Law Firm, we regularly receive questions regarding marriage-based immigration, LGBTQ immigration cases, Utah Online Marriage, Consular Reports of Birth Abroad (CRBA), and family-based immigration petitions. Below are six of the most common questions we are hearing in 2026.

1. Should I File My Immigration Petition in 2026?

The short answer is: Yes.

Many people hesitate to start the immigration process because they are concerned about possible future policy changes. However, delaying a case rarely provides any advantage.

Most family-based immigration petitions already require months or even years of processing. Every month of delay can postpone family reunification.

If you are eligible to file today, submitting your petition as soon as possible generally allows your case to enter the processing queue earlier and may reduce the impact of future policy changes.

2. Is USCIS Making LGBTQ Marriage Cases More Difficult?

This is one of the most common concerns among same-sex couples.

Currently, U.S. federal law continues to recognize legally valid same-sex marriages. Immigration benefits available to same-sex married couples remain the same as those available to opposite-sex married couples.

A U.S. citizen or lawful permanent resident may sponsor a same-sex spouse through a CR1 or IR1 immigrant visa if the marriage is legally recognized where it was performed.

However, USCIS continues to focus heavily on one key issue: proving that the relationship is genuine.

Applicants should be prepared to provide:

• Evidence of ongoing communication.
• Photographs together.
• Travel records.
• Documentation of in-person meetings.
• Proof of shared life experiences and commitments.

USCIS does not apply different legal standards to LGBTQ couples, but all marriage-based cases are carefully reviewed to verify the authenticity of the relationship.

3. Are CR1 and IR1 Visa Interviews in Ho Chi Minh City Experiencing Delays?

This remains a major concern for many families.

Immigrant visa interviews for CR1 and IR1 applicants continue to be scheduled at the U.S. Consulate in Ho Chi Minh City. However, interview wait times may vary depending on several factors, including:

• Consular workload.
• The number of pending immigrant visa cases.
• Staffing levels.
• Whether the National Visa Center (NVC) has completed document review.
• Requests for additional evidence.

The best way to avoid delays is to ensure that your case is thoroughly prepared and complete before reaching the interview stage.

4. Is Utah Online Marriage Still Accepted for Immigration Purposes in 2026?

Yes, but specific requirements must be met.

Utah Online Marriage remains a popular option for international couples, including LGBTQ couples and couples living in different countries.

However, obtaining a Utah marriage certificate alone is not enough for immigration purposes.

Under U.S. immigration law, the marriage must be consummated, meaning the couple must meet in person after the online marriage ceremony.

Applicants should retain evidence such as:

• Airline tickets.
• Passport entry and exit stamps.
• Travel itineraries.
• Photographs together.
• Hotel reservations and other travel records.

This requirement is critical for couples planning to file a marriage-based immigration petition using a Utah Online Marriage certificate.

5. Should I Choose a K-1 Fiancé Visa or a CR1 Spousal Visa?

Many couples struggle with this decision.

A K-1 visa allows a foreign fiancé(e) to enter the United States before marriage.

A CR1 visa is available after a legally valid marriage has taken place.

In recent years, many couples have preferred the CR1 visa because:

• The immigrant spouse receives permanent resident status upon entry.
• Employment authorization is generally available immediately after arrival.
• There is no need to file Adjustment of Status after entering the United States.
• Overall costs are often lower than the K-1 process.

However, every case is different. The best option depends on each couple’s goals, timeline, and individual circumstances.

6. Can Someone Who Overstayed a Visa Still Obtain a Green Card?

This is one of the most frequently asked immigration questions.

The answer depends largely on the applicant’s relationship to the sponsoring family member.

In many situations, spouses, parents, and unmarried children under age 21 of U.S. citizens may still qualify for Adjustment of Status despite a visa overstay.

However, not every overstay situation qualifies.

Important factors include:

• The manner of entry into the United States.
• Length of unlawful presence.
• Prior immigration violations.
• Travel history.
• Current immigration status.
• Eligibility under immigration law.

Because each situation is unique, a professional case evaluation is strongly recommended before taking action.

Final Thoughts

Although U.S. immigration policies continue to evolve, family-based immigration remains one of the most important pathways to permanent residence in the United States.

The most important step is not waiting for future policy changes but preparing a complete, accurate, and well-documented case from the beginning.

Whether you are pursuing a CR1 or IR1 spouse visa, an LGBTQ immigration case, Utah Online Marriage immigration benefits, a CRBA application for your child, or another family-based immigration process, proper guidance can help avoid costly mistakes and unnecessary delays.

At Truong Law Firm, PLLC we are committed to helping families navigate the immigration process with confidence and clarity.

FAQ – FREQUENTLY ASKED QUESTIONS

Should I file a family-based immigration petition in 2026?

Yes. Filing sooner generally places your case in line earlier and may help reduce delays caused by future policy changes.

Does USCIS still recognize same-sex marriages?

Yes. USCIS recognizes legally valid same-sex marriages and provides the same immigration benefits available to opposite-sex married couples.

Is Utah online marriage still accepted for immigration purposes?

Yes. However, the couple must meet in person after the online marriage ceremony for the marriage to be recognized for immigration benefits.

Should I choose a K1 fiancé visa or a CR1 spouse visa?

The best option depends on your circumstances. Many couples prefer CR1 because the immigrant spouse receives permanent resident status upon entry to the United States.

Can someone who overstayed a visa apply for a green card?

Possibly. Certain immediate relatives of U.S. citizens may still qualify for adjustment of status despite an overstay.

Are CR1 and IR1 visa interviews in Ho Chi Minh City delayed?

Interview scheduling varies depending on case volume and consular processing capacity.

Are LGBTQ immigration cases more difficult?

USCIS applies the same legal standards to all marriages. The key requirement is proving that the relationship is genuine.

What is a CRBA?

A Consular Report of Birth Abroad (CRBA) is a document establishing U.S. citizenship for eligible children born outside the United States to U.S. citizen parent(s).