Miranda & Maldonado, P.C.

08/23/2026

**September 2026 Visa Bulletin Released: What You Need to Know**

The U.S. Department of State (DOS) has officially released the **September 2026 Visa Bulletin**—the final bulletin of Fiscal Year 2026!

September brings massive forward movement for Family-Preference categories as officials work to maximize annual caps, while Employment-Based preferences remain largely frozen.

Here is a quick summary of the major changes between August and September 2026:

# # # **📈 Family-Based Preferences: Huge Forward Leaps**

To ensure full usage of available FY 2026 visa allocations, DOS significantly advanced priority dates across Worldwide, China, and India chargeability areas:

* **F1 (Unmarried Adult Sons/Daughters of USCs):** Jumped **+13.2 months** to **Jan 22, 2020** (Mexico advanced 1 month to **Jan 1, 2008**).

* **F2A (Spouses & Minor Children of LPRs):** Advanced **+1 month** to **Aug 22, 2026**, for most regions (Mexico advanced +1 month to **Aug 22, 2025**).

* **F2B (Unmarried Adult Sons/Daughters of LPRs):** Surged **+19.6 months** forward to **Aug 22, 2019**.

* **F3 (Married Sons/Daughters of USCs):** Advanced **+29.2 months** to **Oct 22, 2014**.

* **F4 (Brothers/Sisters of Adult USCs):** Advanced **+25.7 months** to **Oct 22, 2011**.

# # # **💼 Employment-Based Preferences: Holding Steady**

Most employment preference final action dates remained frozen to avoid exceeding FY 2026 numerical limits:

* **EB-1:** Unchanged. Worldwide/Mexico/Philippines remain **Current**. China holds at **July 1, 2023**, and India holds at **Oct 15, 2022**.

* **EB-2:** Unchanged. Worldwide/Mexico/Philippines remain **Current**. China holds at **Sept 1, 2021**, while India remains **Unavailable ("U")** for the rest of FY 2026.

* **EB-3 & Other Workers:** No movement across any chargeability areas.

* **EB-4 / Religious Workers:** Advanced **+2 months** across all regions to **Dec 15, 2022**.

* **EB-5 Unreserved & Set-Asides:** Unchanged. India remains **Unavailable ("U")** for unreserved, China holds at **Dec 1, 2016**, and all set-asides remain **Current**.

# # # **⚠️ Critical Updates & Year-End Warnings**

* **Official Limits Calculated:** DOS officially set the FY 2026 Employment-Based annual limit at **186,317**.

* **Retrogression Warning:** Heavy demand in **EB-1 India**, **EB-2 Worldwide**, and **EB-5 Unreserved** could force DOS to retrogress dates or declare categories completely **Unavailable** before the fiscal year ends on September 30, 2026.

08/18/2026

Headline: USCIS Issues New Guidance on Public Charge – Effective September 18, 2026

USCIS has released updated policy manual guidance regarding the "Public Charge" ground of inadmissibility, marking a significant shift for those applying for adjustment of status to lawful permanent resident.1

Effective September 18, 2026, the agency is rescinding the 2022 public charge regulations. The updated guidance reinforces the focus on congressional intent that aliens in the United States be self-sufficient and not dependent on government benefits.1

What does this mean for applicants?

USCIS officers will now conduct a case-by-case "totality of the circumstances" analysis. While no single factor is dispositive, officers will evaluate five statutory factors:1
Age
Health
Family status
Assets, resources, and financial status
Education and skills
Important Note on Benefits:

For means-tested public benefits received on or after September 18, 2026, USCIS will consider any and all such benefits in their determination.1

It is important to note that many categories of applicants, including refugees, asylees, and specific humanitarian categories, remain exempt from the public charge ground of inadmissibility.1

Applications postmarked or electronically submitted on or after September 18, 2026, will be subject to this updated guidance. If you are preparing to file for a green card, timing and documentation matter. If you have questions about how these changes affect your specific situation, our team at [Insert Firm Name] is available to help.



Disclaimer:
This post is for informational purposes only and does not constitute legal advice or an attorney-client relationship. Please consult with a qualified immigration attorney regarding your specific case.

08/13/2026

🚨 **CRITICAL IMMIGRATION UPDATE: Advance Parole & The 10-Year Bar** 🚨

If you or your clients travel on Advance Parole, there is a major legal shift you need to know about following a new BIA ruling (*Matter of Delcarmen-Lara*).

Here is a breakdown of what changed, what stayed the same, and what it means moving forward:

# # # 🔄 **The Old Rule vs. The New Rule**

* **The Old Rule (*Matter of Arrabally*):** Traveling on Advance Parole was **NOT** considered a "departure" for triggering the 3- or 10-year unlawful presence bars.

* **The New Rule (*Matter of Delcarmen-Lara*):** Traveling on Advance Parole **CAN** now be considered a "departure" for the 3- or 10-year bar. If an individual has accrued 1+ years of unlawful presence prior to travel, departing on Advance Parole could trigger the bar.

# # # 💡 **4 Key Takeaways You Need to Know**

1. **Unlawful Presence Required:** The 10-year bar only applies if the person accrued 1 year or more of unlawful presence before departing.

2. **Clock Can Run Inside the U.S.:** The 10-year bar starts on the date of departure, but it can run and expire even if the individual remains inside the U.S. (*Matter of Duarte-Gonzalez*).

3. **DACA Protections:** Periods under DACA (deferred action) generally do **NOT** accrue unlawful presence toward this bar.

4. **Reliance is Protected:** Trips taken before August 13, 2026—while *Matter of Arrabally* was active law—are protected. The new rule applies prospectively.

⚠️ **Important Reminder:** Every immigration case is unique. Anyone considering international travel on Advance Parole should consult with an experienced immigration attorney before leaving the U.S.

07/27/2026

AILA has received a number of reports over the past few days of individuals without lawful status, including those in a period of authorized stay based on pending applications, being detained at airports across the country while traveling domestically.

07/20/2026

The August 2026 Visa Bulletin is out!

The U.S. Department of State has officially released the Visa Bulletin For August 2026, bringing critical updates for everyone navigating the family-sponsored and employment-based immigration journeys.

Crucially, USCIS has already designated which charts must be used for Adjustment of Status (AOS) applications this month.

📅 Key USCIS Filing Instructions for August 2026

For Family-Sponsored Filings: For all family-sponsored preference categories, you must use the Dates for Filing chart.

For Employment-Based Preference Filings: For all employment-based preference categories, you must use the Final Action Dates chart.

💼 Employment-Based (EB) Highlights (Final Action Dates)

EB-1: Remains Current (C) for most areas, but China sits at 01JUL23 and India is at 15OCT22. Note: High demand means India's EB-1 could become unavailable in the coming weeks.

EB-2: Most chargeability areas remain Current (C), while China is at 01SEP21. India is marked as Unauthorized (U) for Final Action this month as demand continues to outpace the annual limit.

EB-3: The Final Action Date for the All Chargeability category and Mexico is holding at 01SEP24. China is at 01JAN22 and India is at 01JAN14.

🏡 Family-Sponsored Highlights (Dates for Filing)

F2A Category (Spouses & Children of Permanent Residents): Good news for those looking ahead—the Dates for Filing for the F2A category remain Current (C) across all chargeability areas this month!

Other Categories: Be sure to check your specific preference category (F1, F2B, F3, F4) against the Dates for Filing table to see if your priority date is early enough to submit your I-485 application.

🔍 What’s Next? As we approach the final stretch of the fiscal year (ending September 30), potential retrogressions or categories becoming "Unavailable" are still on the table as the government monitors annual numerical limits. Stay proactive and keep your documents ready!

07/16/2026

Trump Administration Issues Final Rule to End Foreign Student Visa Abuse

🚨 Major Update: DHS Ends "Duration of Status" for Foreign Student & Exchange Visas

The U.S. Department of Homeland Security (DHS) has officially published a final rule that fundamentally changes how student (F), exchange visitor (J), and media (I) visas are managed.

For nearly 50 years, these visa holders were admitted under "duration of status," allowing them to remain in the U.S. indefinitely as long as they maintained their student status. Under the new rule, this framework is officially being replaced by a fixed period of admission.

Here are the key changes you need to know:

Fixed Admission Caps: Nonimmigrant students (F) and exchange visitors (J) will now be admitted only for the length of their specific program, capped at a maximum of 4 years.

Mandatory Federal Extensions: If a student needs more time to complete their studies, they must formally apply for an Extension of Stay (EOS) directly through USCIS. This shifts vetting and oversight back to federal authorities.

Shorter Grace Periods: The post-graduation grace period to prepare for departure, transfer, or change status is being reduced from 60 days to 30 days for F-1 students.

Strict Program Changes: The rule introduces tight new restrictions on changing academic programs.

📅 What is the timeline?

Implementation: The rule goes into effect 60 days after its upcoming publication in the Federal Register.

Existing Visa Holders: Current students in the U.S. under the old framework will transition to the new system automatically, with their remaining stay capped at a maximum of 4 years from the rule's effective date.

Whether you are an international student, an academic advisor, or an immigration professional, these updates will significantly shift how academic stays are planned and managed in the U.S.

Read the full details in the official DHS Announcement.

07/16/2026

📢 Major Immigration Update: DHS Rescinds 2022 Public Charge Rule

Significant changes are coming to how U.S. Citizenship and Immigration Services (USCIS) evaluates public charge inadmissibility.

The Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations.

🔍 What is changing?

Case-by-Case Assessments: The rescinded 2022 regulation placed restrictions on which public benefits DHS could consider. Under this new final rule, USCIS officers are empowered to conduct a broader review, assessing all relevant factors on a case-by-case basis to determine if an applicant is likely to become dependent on taxpayer-funded government benefits.

Form Updates: USCIS will be publishing a revised Form I-485 (Application to Register Permanent Residence or Adjust Status).

📅 Key Date to Remember:

September 18, 2026: This final rule officially takes effect.

Important Warning: Older versions of Form I-485 postmarked or submitted electronically on or after September 18, 2026, will not be accepted by USCIS.

If you or your clients have pending filings or are preparing green card applications, it is crucial to monitor the release of the updated Form I-485 to ensure compliance and avoid costly delays or rejections.

For more details, you can monitor updates directly on the USCIS Official Website.




The Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations, further aligning immigration law with Congressional intent that aliens in the United States be self-reliant and not dependent on taxpayer-funded governme...

06/30/2026

🚨 BREAKING: Supreme Court Blocks Birthright Citizenship Executive Order in Trump v. Barbara (2026)

In a monumental 6-3 ruling, the Supreme Court of the United States has affirmed the preliminary injunction blocking Executive Order No. 14160, preserving birthright citizenship for children born in the U.S. to parents who are unlawfully or temporarily present in the country.

While a 5-Justice majority explicitly declared the Order unconstitutional under the Fourteenth Amendment, the final judgment reached a 6-3 threshold due to a critical statutory alignment.

Here is how the historic and fractured decision breaks down:

The 5-Justice Majority (Constitutional Violation): Chief Justice Roberts, along with Justices Sotomayor, Kagan, Barrett, and Jackson, held that the Fourteenth Amendment's Citizenship Clause guarantees citizenship to anyone born on American soil and subject to its laws. They affirmed that the historic standard of jus soli (right of the soil) contains only narrow exceptions—such as children of foreign diplomats—and cannot be restricted based on a parent's legal or temporary status.

The Statutory Concurrence (6th Vote to Affirm): Justice Kavanaugh did not believe the Order violated the Constitution. However, he cast the 6th vote to affirm the injunction against the Order because it directly contravenes a federal statute. He noted that while Congress theoretically has the constitutional authority to pass a law changing birthright rules for temporary or illegal visitors, the Executive branch cannot do so unilaterally without legislative authorization.

The 3 Dissents: Justices Thomas, Gorsuch, and Alito dissented from the judgment. They argued that the original public meaning of the Citizenship Clause inherently requires domicile (a permanent legal home) and a complete, singular allegiance to the United States—which would exclude the children of brief "birth tourists" or undocumented immigrants.

This landmark ruling highlights the complex intersections of constitutional originalism, executive overreach, and the enduring legacy of the Reconstruction Amendments.

06/24/2026

🚨 Major Immigration Update: USCIS Proposes Significant Fee Increases for Naturalization & Citizenship 🚨
U.S. Citizenship and Immigration Services (USCIS) has just published a Notice of Proposed Rulemaking (NPRM) that could substantially change the cost of obtaining U.S. citizenship.
If finalized, this rule will significantly increase filing fees for key naturalization forms and eliminate most fee waivers and reduced-fee options.
Here are the key takeaways from the proposal:
📈 Proposed Fee Changes
Form N-400 (Application for Naturalization):
Paper Filing: Increasing to $1,330
Online Filing: Increasing to $1,280
Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings):
Paper Filing: Increasing to $1,475
Online Filing: Increasing to $1,425
⚠️ Elimination of Fee Waivers
Perhaps the most impactful part of this proposal is the elimination of most fee waivers and reduced fees for these specific filings. This could create a significant financial barrier for many eligible permanent residents looking to take the final step toward citizenship.
🗓️ Public Comment Period is Open
This is currently a proposed rule, meaning it is not yet law. Stakeholders, legal professionals, and the public have an opportunity to make their voices heard.
Public Comments Due: August 24, 2026
Citation: 91 FR 37500 (Published June 23, 2026)
Docket No: USCIS-2026-0265
For clients and community members considering citizenship, now may be the time to evaluate your timeline and consider filing before these changes potentially take effect.

06/17/2026

July 2026 Visa Bulletin: The Essential Takeaways
The State Department has released the July 2026 Visa Bulletin. For the upcoming month, USCIS will honor the Final Action Dates chart for all employment-based applications.
As we approach the final quarter of the fiscal year, we are seeing high volatility—including major retrogression for some and significant forward movement for others.
Here are the key shifts at a glance:
EB-1 (Priority Workers)
* **India:** Retrogresses by 2 months to October 15, 2022 (due to heavy visa usage).
* **China:** Advances by 2 months to June 1, 2023.
* **All other countries:** Remain CURRENT.
EB-2 (Advanced Degrees/Exceptional Ability)
* **India:** Remains completely UNAVAILABLE for the rest of the fiscal year.
* **China:** Holds steady at September 1, 2021.
* **All other countries:** Remain CURRENT.
EB-3 (Professionals & Skilled Workers)
* **China:** Jumps forward by nearly 5 months to December 22, 2021.
* **India:** Advances slightly by two weeks to January 1, 2014.
* **All other countries:** Advance by 2 months to August 1, 2024 *(except Philippines, holding at August 1, 2023)*.
EB-5 (Investors)
* **India Unreserved:** Remains UNAVAILABLE.
* **China Unreserved:** Advances over 2 months to December 1, 2016.
* **Set-Aside Categories (Rural, High Unemployment, Infrastructure):** Remain CURRENT worldwide.