This week, there have been several important signals in immigration policy, particularly the overturning of the 75-country immigrant visa suspension policy by the court, and the beginning of the concrete implementation of the “Public Charge” rule.
The focus this week includes:
1. Court overturns the 75-country immigrant visa suspension policy.
2. USCIS issues new guidelines for implementing “Public Charge,” effective September 18.
3. USCIS announces the launch of the new version of Form I-485 on September 18, with the old version being rejected.
4. BIA new precedent: Immigration cases can generally only submit one Motion to Reopen.
5. International student policy is also in countdown mode.
On August 21, Judge Vargas of the Southern District Federal Court in New York ruled that the policy implemented by Secretary of State Rubio in January, suspending the issuance of immigrant visas to applicants from 75 countries, violated federal immigration law and exceeded the Secretary of State’s statutory authority.
This policy, citing the risk of “Public Charge,” halted the processing of immigrant visas from several countries in Latin America, the Balkans, South Asia, Africa, the Middle East, and the Caribbean. According to Reuters, the judge believed that a blanket ban on issuing immigration visas based on nationality conflicted with the statutory framework of the Immigration and Nationality Act (INA).
Why is this important?
The key point of this case is that the court was questioning the government’s authority to suspend immigrant visas for a whole group of people based on “nationality,” rather than evaluating whether a specific individual meets the criteria for being a “Public Charge.” This forms a legal contrast with the current “Public Charge” regulation:
– DHS: Expanding case-by-case review of “Public Charge”; conversely, DOS states: Suspending immigrant visas based on nationality of 75 countries, which the court strongly questions.
However, it is important to note that this does not mean that all immigrant visas from these 75 countries will automatically return to normal. Following the court ruling, how the State Department will execute it, whether an appeal will be made, and how specific cases will be handled need to be continuously monitored.
Regarding the “Public Charge,” a significant development occurred this week. On August 18, USCIS officially released new policy guidance on how to make inadmissibility determinations based on the new “Public Charge” rule. This new guidance will take effect on September 18, 2026, for I-485 applications subject to the “Public Charge” rule that are postmarked or electronically submitted on or after that date.
This aligns with the Department of Homeland Security’s Final Rule published on July 20, revoking the 2022 “Public Charge” regulation framework and restoring a broader case-by-case, totality of the circumstances assessment.
An important detail to note is that the new rule does not mean “having used certain welfare benefits will automatically disqualify someone from obtaining a green card.” USCIS emphasizes a comprehensive evaluation of the applicant’s circumstances, including legally mandated factors and relevant public benefit usage.
Additionally, some economic status inquiry-based public benefits received before September 18, 2026, will still be processed under the 2022 rule. This distinction is crucial, as media headlines may oversimplify it to suggest that all previously received benefits will impact green card applications, which is not that simple in reality.
Connected to the “Public Charge,” USCIS announced the release of a new version of Form I-485 on September 18, 2026. Meaning that applicants who submit the I-485 form after this date will need to use the new version; USCIS also warns that the old version of the form may be rejected. A reminder about this has been posted on the USCIS I-485 page.
Since the new “Public Charge” system requires applicants to provide more relevant information, September 18, 2026, might become an important day for the I-485 system transition.
For those preparing to submit applications for:
– Family-based green cards
– Marriage-based green cards
– Employment-based I-485
– Other adjustment of status cases, it’s important to verify the form version ahead of time.
In other news, on August 18, the Board of Immigration Appeals (BIA) under the Department of Justice released: Matter of M-M-L-J-, 29 I&N Dec. 843 (BIA 2026). The BIA ruled that a non-citizen can generally only submit one Motion to Reopen, regardless of whether it is filed with the immigration court or the BIA.
The BIA also affirmed that equitable tolling cannot override this statutory limitation on the number of motions, but limited exceptions under the law still exist.
Why is this important?
For individuals with final removal orders seeking to reopen cases, this is a crucial procedural precedent. Simply put, the importance of the first Motion to Reopen has increased. If the initial submission is not successful, there may not be a second chance to restart the case.
Previously announced rules by the Department of Homeland Security will change the entry and stay systems for F, J, and I nonimmigrant statuses. The current “Duration of Status (D/S)” scheme will shift to fixed-term entry permits and include additional requirements for extending stays. The rule is currently anticipated to take effect on September 15. Therefore, mid-September might witness multiple transitions in immigration systems. This makes it essential for F-1 and J-1 students, as well as individuals with I-visas related to international media, to get acquainted with the new regulations ahead of time.