Immigration law keeps changing, and it can be hard to keep up. Our goal is to provide you with clear, factual information so you always understand where things currently stand.
Here is a recap of what has changed in the past few weeks and how it may impact your case.
State Department Pauses Immigration Visa Interviews Worldwide
Late last month, the State Department paused immigrant visa interviews at U.S. embassies and consulates worldwide while officers complete new training on public charge screening. No date has been announced for when interviews will resume.
This affects people applying for an immigrant visa from outside the United States, including many family-based green card applicants going through consular processing. It does not affect people already in the United States who are adjusting status through USCIS.
If you have a case in progress abroad, contact our office to schedule a consultation.
Judge Strikes Down 75-Country Immigrant Visa Ban
In January 2026, the State Department suspended immigrant visas for people from 75 countries, citing concerns about public benefit use. On August 21, 2026, a federal judge ruled the policy is unlawful, finding the State Department could not deny visas based on nationality alone. Visa refusals issued solely under this policy can now be reconsidered.
This does not guarantee approval. Applicants must still meet all other requirements, and the government may appeal the ruling, so this issue may not be fully resolved.
USCIS Updates Guidance on Public Charge Determinations
On August 18, USCIS issued new guidance on how officers decide whether a green card applicant is likely to become a public charge, meaning someone the government believes may depend on certain government benefits.
The guidance takes effect September 18, 2026, replacing the prior 2022 rule.
Officers will now review five factors: your age, health, family status, financial resources, and education or skills, along with your Affidavit of Support (Form I-864) and other household information.
There is no single rule that decides every case, and officers have more discretion than before.
What This Means for Marriage-Based or Family-Based Green Card Applicants
If you are applying for a marriage-based or family-based green card, you must show you are not likely to become a public charge. This is especially important if your sponsor’s income or finances are limited, since small details in your application can now matter more.
We strongly encourage you to speak with an immigration attorney before you file. Schedule a consultation with our office to review your case and prepare strong, complete documentation.
USCIS Releases New Form I-485 That Goes Into Effect on Sept. 18
USCIS has released a preview of a new version of Form I-485 for Adjustment of Status applications. Starting September 18, 2026, USCIS will only accept the new version, dated 09/18/26. There is no grace period.
It’s important to note that:
- If you file before September 18, 2026, use the current version of Form I-485.
- If you file on or after September 18, 2026, use the new version dated 09/18/26.
- Filing with the wrong version may cause USCIS to reject your application.
What Is Changing on the Form
Most of the form stays the same. The biggest changes are in the public charge section:
- Two questions about public benefits are now combined into one question.
- A new “Reason” field asks you to explain why you received a benefit.
- Much of the detailed guidance that used to appear in the instructions has been removed. You must now check USCIS’s website for this information.
- The question about household size now asks you to describe your family status in your own words.
If you are preparing to apply for Adjustment of Status and have questions about the form or current requirements, schedule a consultation with our office.
USCIS Can Now Request Credit Reports From Green Card Sponsors
On August 31, USCIS released a new version of Form I-864, Affidavit of Support, allowing officers to request credit report information about sponsors. USCIS has not announced a required credit score or explained exactly what it will look for. For now, a low score does not automatically disqualify a sponsor.
What Sponsors Should Do
- Use the new version of Form I-864, dated 08/24/26, for filings submitted on or after August 31, 2026. The older version of the form will be accepted until 10/1/26.
- If you have a credit freeze, be ready to lift it quickly if USCIS requests information.
- Review your credit report in advance for errors or signs of identity theft.
- Make sure all financial information on your form is accurate and complete.
If you are sponsoring a family member for a green card and have questions about this change, reach out to us.
Have Questions About These Changes?
We understand these updates can feel overwhelming, especially if you have a pending case or are getting ready to apply. Our office is here to help you understand what these changes mean for your specific situation.
Schedule a consultation with the Law Office of Christine Contreras today.