Miami Immigration Lawyer – Attorney Martha L. Arias, Esq.

Got a USCIS Notice? Here’s What It Means and What to Do Next

Martha Arias — Tue, 20 Oct 2026 16:45:39 +0000

A practical guide to understanding receipt notices, biometrics appointments, requests for evidence, interview notices, approvals, denials, and more.

You check your mailbox and find a letter from U.S. Citizenship and Immigration Services (USCIS). Before you even open it, you may wonder: Is my immigration case approved? Do they need more documents? Is something wrong?

Not every USCIS notice means there is a problem. Some simply confirm that your application was received. Others schedule an appointment, request additional information, or communicate a decision.

The important thing is knowing what the notice means, whether you need to respond, and how much time you have to act.

Here is how to understand nine common USCIS notices and avoid mistakes that could affect your immigration case.

First, What Is Form I-797?

Many USCIS letters are identified as Form I-797, Notice of Action. USCIS uses different versions of this form to communicate with applicants and petitioners.

For example:

Form I-797C may be used for receipt, rejection, appointment, or other notifications.
Form I-797E is used to request evidence.
Other I-797 versions may communicate approvals or provide documentation related to a particular immigration benefit.

The form number alone does not tell you everything. Always read the notice’s heading, the application or petition involved, and the instructions.

USCIS explains the different versions in its official Form I-797 Types and Functions guide.

Notice	What it means	What to do
Receipt Notice	USCIS accepted your filing for processing	Save the notice and track your case
Biometrics Notice	USCIS scheduled collection of fingerprints, a photo, or a signature	Attend or request rescheduling if necessary
Request for Evidence (RFE)	USCIS needs additional evidence	Prepare a complete response before the deadline
Interview Notice	USCIS scheduled an interview	Review instructions and prepare
Transfer Notice	Your case was moved to another USCIS office	Keep the notice and monitor your case
Approval Notice	USCIS approved the specified application or petition	Read the exact benefit approved and next steps
Notice of Intent to Deny (NOID)	USCIS identifies reasons it intends to deny the request	Review the concerns and respond promptly
Denial Notice	USCIS denied the application or petition	Review the reasons and available legal options
Rejection Notice	USCIS did not accept the filing for processing	Correct the filing problem before resubmitting

1. Receipt Notice: USCIS Received Your Application

A receipt notice generally confirms that USCIS accepted your application or petition for processing.

It usually includes a receipt number that you can use to track the case.

What should you do?

Keep the notice, confirm that your personal information is correct, and use the receipt number to check your case through the official USCIS Case Status Online tool.

Important: A receipt notice does not mean your application has been approved. It also does not, by itself, establish lawful immigration status or unrestricted permission to work. Some receipts can serve as evidence of particular benefits or extensions when specific legal requirements are met, so read the notice carefully.

2. Biometrics Notice: USCIS Needs Your Fingerprints or Photograph

USCIS may require you to visit an Application Support Center to collect fingerprints, a photograph, or a signature for identity verification and background checks.

Your notice should identify the appointment date, time, location, and required documents.

What should you do?

Attend the appointment as instructed. If you cannot attend, follow USCIS procedures to request rescheduling.

USCIS allows many biometrics appointments to be rescheduled through an online account, subject to restrictions. Missing an appointment without properly addressing it can delay your case or lead to a determination that the request was abandoned.

3. Request for Evidence (RFE): USCIS Needs More Information

An RFE means USCIS is requesting specific documents or information before making a decision.

For example, USCIS may ask for additional financial documentation, proof of a qualifying relationship, or evidence related to immigration eligibility.

What should you do?

Read every requested item, note the response deadline, and follow the submission instructions. A complete response should address the issues identified in the notice.

An RFE does not automatically mean your case will be denied. However, an inadequate or late response can have serious consequences.

USCIS also has discretion in certain circumstances to deny a case without first issuing an RFE.

For more details, read our earlier article: USCIS May Deny Immigration Cases Without First Sending an RFE.

4. Interview Notice: Your Immigration Interview Has Been Scheduled

Depending on the benefit you are requesting, USCIS may schedule an interview to review your application and ask questions about your eligibility.

Interview notices can relate to green card applications, naturalization, and other immigration matters.

What should you do?

Check the appointment date and location, review the list of required documents, and prepare for questions relevant to your case.

If you cannot attend, request rescheduling according to the instructions for your particular interview. Do not simply miss the appointment.

An interview notice is not an approval or denial. It indicates that USCIS has scheduled another step in the process.

5. Transfer Notice: Your Case Has Moved to Another Office

Sometimes USCIS transfers a pending application or petition between service centers or other offices.

A transfer may occur for workload management or because another office will handle the next stage of processing.

What should you do?

Save the transfer notice, continue monitoring your case, and follow any new instructions.

Does a transfer mean something is wrong?

Not necessarily. A transfer alone does not establish that your case has a problem or that USCIS intends to deny it. It also does not guarantee that a decision will arrive soon.

6. Approval Notice: USCIS Approved Your Request

An approval notice is usually welcome news, but it is important to understand exactly what has been approved.

For example, approval of a family-based petition is not necessarily the same as approval of lawful permanent residence. Some applicants must complete additional steps through adjustment of status or consular processing.

What should you do?

Review the application or petition listed, any applicable validity dates, and any instructions concerning future documents or procedures.

Do not assume that every approval grants the same immigration rights. The consequences depend on the specific benefit approved.

7. Notice of Intent to Deny (NOID): USCIS Is Considering a Denial

A NOID means USCIS has identified reasons for a proposed denial and is giving the applicant or petitioner an opportunity to respond.

This is different from a final denial.

What should you do?

Read the concerns carefully, identify the supporting evidence or legal issues that need to be addressed, and pay close attention to the deadline.

A NOID may involve questions about eligibility, documentation, inconsistencies, or other case-specific concerns.

Because the consequences can be significant, obtaining legal guidance before responding may be appropriate.

8. Denial Notice: USCIS Has Denied the Application or Petition

A denial notice explains that USCIS has decided not to approve the requested immigration benefit.

The written decision should identify the reasons for denial and, where applicable, provide information about available review procedures.

What should you do?

Review the decision promptly. Depending on the type of case, available options may include an appeal, a motion to reopen, a motion to reconsider, or a new filing.

Not every decision is appealable, and different procedures and deadlines apply.

Do not assume you have unlimited time to challenge a denial. Some post-decision deadlines are short and may be calculated from the date USCIS served the decision rather than the day you opened the letter.

9. Rejection Notice: USCIS Did Not Accept Your Filing

A rejection is different from a denial.

A rejection usually means USCIS did not accept the submission for processing because of a filing problem, such as an incorrect fee, missing signature, or other intake deficiency.

What should you do?

Read the stated reason and review the current filing requirements before submitting a corrected application.

A rejected filing generally does not retain a filing date. This distinction can be especially important when an immigration deadline, eligibility window, or status-expiration issue is involved.

How to Read a USCIS Notice Before Taking Action

Regardless of which notice you receive, begin with these five details:

1. The form or application involved. If you have several pending immigration applications, identify which one USCIS is addressing.

2. Your name and receipt number. Confirm that the identifying information is correct. A USCIS receipt number generally has 13 characters: three letters followed by ten numbers.

3. The notice date. This may matter when calculating certain deadlines. Do not assume the date the letter reached your mailbox controls.

4. The action requested. Determine whether USCIS is providing information, scheduling an appointment, asking for evidence, or announcing a decision.

5. The response deadline and submission instructions. If action is required, follow the instructions on that notice and any applicable legal requirements.

Keep a complete copy of every notice and any materials you submit in response.

Five Mistakes to Avoid After Receiving a USCIS Notice

Ignoring the notice because your online case status has not changed. A mailed notice may contain instructions that require action.

Assuming a receipt means approval. USCIS accepting an application and approving the immigration benefit are separate events.

Responding to an RFE with only part of the requested evidence. USCIS generally expects requested evidence to be submitted together as instructed.

Missing an appointment without requesting rescheduling. Failing to attend a required appointment may affect your application.

Moving without updating your USCIS mailing address. Updating your address with the U.S. Postal Service does not automatically update your address with USCIS. Most noncitizens in the United States must report a change of address to USCIS within 10 days, subject to applicable exceptions.

Frequently Asked Questions

How can I check whether my USCIS notice is real?

Use your receipt number to check your case through the official USCIS website. Be cautious of suspicious payment requests, unofficial websites, and messages asking you to provide sensitive personal information. If you are uncertain, contact USCIS through its published channels or speak with your attorney.

What if USCIS says it mailed a notice, but I never received it?

Check your USCIS online account if available, confirm your mailing address, and use the official USCIS e-Request service or Contact Center to report a missing notice when appropriate.

If the missing notice concerns an appointment, evidence request, or deadline, seek assistance promptly rather than assuming USCIS will automatically extend the time.

Does receiving an RFE mean my immigration case will be denied?

No. An RFE indicates that USCIS is requesting additional information. The final outcome depends on the applicable legal requirements and the evidence in the record, including any timely response.

Does USCIS send an approval notice before the green card arrives?

USCIS may send a written approval notice before the physical Permanent Resident Card arrives. You should check your case status and follow instructions concerning document delivery.

Can I receive more than one USCIS notice for the same case?

Yes. A single application may generate several notices during processing, such as a receipt notice, biometrics appointment, evidence request, interview notice, and decision.

Martha L. Arias, Esq.
Immigration Law Attorney

Received a USCIS Notice? Read It Carefully.

A letter from USCIS is not automatically bad news. It may simply confirm that your case is progressing, but it may also contain an important deadline or request that requires immediate attention. Understanding the notice is the first step. Knowing how it applies to your particular immigration situation is just as important.

If you have received a USCIS notice and are uncertain about the next step, call us. We assists individuals and families with U.S. immigration matters from our Miami office.

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Legal disclaimer: This article provides general information and does not constitute legal advice. Immigration procedures, deadlines, and eligibility requirements vary depending on the facts and type of case. Reading this article or contacting the firm does not establish an attorney-client relationship.

Official resources

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Asylum Processing, Enforcement Tools and Third-Country Deportations

Martha Arias — Thu, 01 Oct 2026 14:49:43 +0000

On September 30, I joined Univision TV to discuss several immigration developments that are creating understandable questions for families and applicants across the United States.

FOLLOW ME ON SOCIAL MEDIA

One important development concerns USCIS processing for certain applicants affected by agency holds. On August 24, a federal court ordered USCIS to resume normal adjudication of applications covered by two USCIS policy memoranda. The certified class includes certain nationals or natives of 39 countries, as well as the Palestinian Authority, who have pending asylum applications or other USCIS benefit applications affected by those holds. USCIS announced on August 28 that it would comply with the court’s order while litigation continues.

For people with affected pending USCIS cases, this is an important time to make sure supporting documents, translations and evidence are organized and current. A court order allowing processing to resume does not mean every case will move immediately or that a particular application will be approved.

We also discussed California’s new legislation restricting the use of wearable electric-shock devices by law enforcement. The law was signed on September 29 after ICE awarded a $16.7 million contract for 6,000 electric-shock gloves. The scope and enforceability of California’s restrictions as applied to federal immigration officers may continue to be litigated.

Finally, we discussed the Supreme Court’s September 29 action concerning removals to third countries. The Court temporarily stayed a lower-court judgment and agreed to hear the case, with oral argument expected during the December 2026 argument session. Importantly, this was not a final ruling on whether the government’s third-country removal policy is lawful. That question remains before the Court.

Immigration policy is changing quickly, and court decisions can affect what agencies are permitted or required to do while litigation continues. Thanks to Univision for giving me the opportunity to explain these developments and what they may mean for immigrant communities.

Legal Disclaimer: This information is provided for general educational purposes and is not legal advice. Immigration cases depend on individual facts and circumstances.

Martha L. Arias, Esq.
Immigration Law Attorney

Discuss Your Immigration Options Today

Immigration policy can change quickly, and the right next step depends on the facts of your case. Arias Villa, PLLC represents individuals, families, and businesses in Miami, throughout the United States, and internationally. If you have questions about your immigration matter, reach out to my office or schedule your consultation today.

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Missed Immigration Court After Bad Advice?

Martha Arias — Mon, 28 Sep 2026 13:04:21 +0000

Missed Immigration Court? New BIA Decision Explains the Risk

A new Board of Immigration Appeals (BIA) decision highlights the serious risk of relying on unauthorized immigration advice.

Missing an Immigration Court hearing can have serious consequences. And a new precedent decision shows that saying someone else told you not to attend may not necessarily undo the damage afterward.

In Matter of K-K-U-J-, 30 I&N Dec. 81 (BIA 2026), a man said he hired someone to help with his immigration case and was told he did not need to appear at his scheduled court hearing. He stayed home.

The Immigration Judge ordered him removed in absentia, meaning the removal order was entered while he was absent.

The Board of Immigration Appeals ultimately declined to reopen the case based on the circumstances presented. The Attorney General designated the decision as precedent on September 18, 2026.

Read the official BIA decision: Matter of K-K-U-J-

Why This Matters

The decision does not mean that every person who misses Immigration Court because of bad advice has no options.

There are circumstances in which an in absentia removal order may be challenged or reopened. The reason the hearing was missed, whether proper notice was received, applicable deadlines, and other facts can all matter.

But the new decision sends an important practical message:

Do not assume that bad advice from an unauthorized person will automatically protect you from the consequences of missing Immigration Court.

EOIR warns that even failing to appear on time can result in an Immigration Judge entering an order of removal in your absence.

Official EOIR guidance on in absentia hearings

Be Careful Who Gives You Immigration Advice

Immigration paperwork can be complicated, and people sometimes turn to immigration consultants, document preparers, friends, or people commonly referred to as “notarios.”

That can become dangerous when the person starts giving legal advice.

The Department of Justice specifically warns that notarios, immigration consultants, visa consultants, and document preparers are not authorized to represent people in Immigration Court simply because they provide immigration-related services.

DOJ: Who Can Represent You Before Immigration Court?

If someone tells you that:

you do not need to attend your Immigration Court hearing;
your hearing has been canceled;
the court date has changed;
a continuance was granted; or
something was filed with the court on your behalf,

verify it. Do not rely only on what someone tells you.

Check Your Immigration Court Case

EOIR provides an official Automated Case Information System that allows many people in Immigration Court proceedings to check case information using their A-Number.

Check your case through EOIR’s official Automated Case Information System

EOIR notes that the online system may not contain every piece of information about every case. When necessary, the Immigration Court handling the case should be contacted directly.

What If You Already Missed Court?

Do not simply assume that nothing can be done.

Immigration law provides procedures for asking an Immigration Judge to reopen certain in absentia removal orders, but the available grounds and deadlines depend on why the person failed to appear and the particular history of the case.

Official EOIR information about motions to reopen in absentia orders

If you discover that you missed a hearing or that an Immigration Judge may have entered a removal order while you were absent, determining exactly what happened should be a priority.

The Important Lesson

Immigration Court is not the place to rely on assumptions or secondhand information.

If you receive a hearing notice, keep it. Verify your court date. Keep your address current with the appropriate immigration authorities. And be careful about who you allow to give you legal advice about your case.

LEGAL DISCLAIMER: This article is for general informational purposes only and does not constitute legal advice. Whether an immigration case can be reopened depends on the individual facts, procedural history, applicable law, and filing deadlines. No particular result can be guaranteed.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

Arias Villa, PLLC represents individuals in Immigration Court and removal proceedings and can review the circumstances of a missed hearing or in absentia removal order. For professional and dedicated immigration legal services, reach out to my office at Arias Villa, PLLC in Miami, FL or schedule your consultation today.

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Two Recent Court Rulings on Immigration Enforcement

Martha Arias — Tue, 22 Sep 2026 21:07:00 +0000

During my Monday interview on Actualidad Radio‘s Cada Tarde, we discussed two recent federal court decisions involving immigration enforcement.

FOLLOW ME ON SOCIAL MEDIA

On September 18, the U.S. Court of Appeals for the First Circuit issued an important decision concerning removals to “third countries”—countries that were not previously identified as destinations in a person’s removal proceedings.

The court affirmed that, for the class involved in the case, DHS must provide effective notice of the intended third-country destination and a meaningful opportunity to raise qualifying fears of persecution or torture before removal. Importantly, the decision does not prohibit all third-country removals.

We also discussed a recent preliminary injunction from a federal court in California concerning warrantless immigration arrests. The court ruled that, within the Central District of California, federal immigration officers may not make a warrantless civil immigration arrest without first making an individualized determination that there is probable cause to believe the person is likely to escape before a warrant can be obtained. Officers must document the facts supporting that determination.

Both cases concern important limits and procedures governing immigration enforcement, but neither decision should be understood as ending deportations or immigration arrests generally.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

Immigration law continues to change quickly. Anyone who may be personally affected should obtain advice based on the facts of their individual case. For professional and dedicated immigration legal services, reach out to my office at Arias Villa, PLLC in Miami, FL or schedule your consultation today.

CALL NOW

REQUEST A CONSULTATION

SEND A MESSAGE

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U.S. Expands Social Media Screening for TN, TD and I Visa Applicants

Martha Arias — Mon, 21 Sep 2026 13:45:15 +0000

Beginning October 1, 2026, the U.S. Department of State will expand its online-presence review to applicants for three additional nonimmigrant visa classifications:

TN visas for qualifying Canadian and Mexican professionals under the United States-Mexico-Canada Agreement (USMCA);
TD visas for qualifying dependents of TN professionals; and
I visas for representatives of foreign media.

The Department of State announced the change on September 18, 2026, and has instructed applicants in these categories to change the privacy settings on all of their social-media profiles to “public” or “open” to facilitate the screening process.

This does not mean that social-media information is completely new to the U.S. visa process. The Department of State has collected social-media identifiers from most visa applicants for several years. What changes on October 1 is that TN, TD and I visa applicants are being added to the categories subject to the Department’s expanded online-presence review.

Official U.S. Department of State announcement:
Announcement of Expanded Screening and Vetting for Visa Applicants

Who Is Affected by the October 1 Change?

The new announcement specifically adds applicants in the following classifications:

TN — USMCA Professionals
The TN classification is available to qualifying citizens of Canada and Mexico who come temporarily to the United States for certain professional business activities. Mexican citizens generally require TN visas. Canadian citizens generally do not need a TN visa and may instead seek TN status at a U.S. port of entry, although a TN visa may be issued to a qualified Canadian applicant in certain circumstances. The October 1 online-presence review applies to applicants seeking TN visas.

TD — Dependents of TN Professionals
Certain spouses and unmarried minor children of TN professionals may qualify for TD status. The October 1 expansion applies to those who are actually applying for TD visas. Canadian citizen dependents generally do not require TD visas, while Mexican and many non-Canadian dependents do.

I — Representatives of Foreign Media
The I visa classification generally applies to qualifying representatives of foreign media traveling to the United States to work in their professional capacity.

The September 18 announcement concerns visa applicants in these categories.

What Does “Online Presence Review” Mean?

The Department of State says it relies on available sources of information during visa screening and vetting to identify applicants who may be inadmissible to the United States and to determine whether applicants can establish eligibility for the visa they are requesting.

For TN, TD and I visa applicants, the Department is now expressly instructing applicants to make all social-media profiles public or open so those profiles are accessible during the review.

This is important because making one account public while leaving others private would not follow the instruction as written. The Department uses the phrase “all of their social media profiles.”

Is Social Media Screening New?

No. Since 2019, the Department of State has requested social-media identifiers from most immigrant and nonimmigrant visa applicants as part of the visa application process. The Department said at the time that collecting this information would assist with applicant screening and identity verification.

Online-presence review has also already been applied to several other nonimmigrant classifications.

The October 1 change is an expansion of that existing screening process, not the beginning of social-media screening for U.S. visas generally.

My Tips for TN, TD and I Visa Applicants

Know the effective date. The expanded review for these categories begins October 1, 2026.

Review the Department of State’s instructions before your visa appointment. Procedures can change, and applicants should rely on current official guidance.

Understand the “public or open” instruction. The Department specifically instructs TN, TD and I visa applicants to make all social-media profiles public or open for the screening process.

Be accurate throughout the application process. Visa applications, supporting documents, interview answers, and information provided to the government should be truthful and complete.

Do not assume that one social-media post determines the outcome. The Department describes online-presence review as one component of its broader screening and vetting process.

Frequently Asked Questions

When does the new social-media screening rule begin?

The expanded online-presence review for TN, TD and I visa applicants begins October 1, 2026.

Do TN visa applicants have to make their social-media accounts public?

The Department of State’s September 18 announcement instructs all TN, TD and I nonimmigrant visa applicants to adjust the privacy settings on all of their social-media profiles to “public” or “open.”

Does this apply to spouses and children of TN professionals?

Applicants seeking TD visas are expressly included in the October 1 expansion.

Does this mean the government was not reviewing social media before?

No. Social-media information has been part of the U.S. visa-screening process for years, and online-presence review already applies to other visa classifications. The October 1 announcement adds TN, TD and I applicants to that expanded review.

What if I do not have social media?

The September 18 announcement instructs applicants to make their social-media profiles public or open. It does not instruct someone who has no social-media profiles to create accounts for purposes of a visa application. Applicants should answer all visa-application questions accurately according to their actual circumstances.

Does making my profiles public mean my visa will be approved?

No. Making profiles accessible is part of the screening process. Visa applicants must still establish that they qualify for the particular visa requested and are otherwise eligible under U.S. law.

What Applicants Should Know Before October 1

For professionals applying for TN visas, their qualifying family members applying for TD visas, and foreign-media representatives applying for I visas, the October 1 change adds another consideration to the visa process.

The most important point is not to panic or make assumptions based on headlines. The Department of State is expanding an existing screening process and has issued a specific instruction for applicants in these categories to make their social-media profiles public or open.

Applicants should follow the current government instructions carefully and make sure the information they provide during the visa process is accurate.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

If you have questions about a U.S. immigration matter or would like to discuss your individual circumstances, you may contact Arias Villa, PLLC in Miami, Florida at 305-671-0018.

CALL NOW

REQUEST A CONSULTATION

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DISCLAIMER: This article provides general immigration information and does not constitute legal advice. Visa eligibility depends on the individual applicant, the classification requested, applicable U.S. law, and the facts of the case. Government policies and procedures may change.

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Attorney Martha Arias to Speak at myLawCLE Program on the New Public Charge Rule

Martha Arias — Mon, 14 Sep 2026 17:40:30 +0000

On October 1, 2026, I will be joining fellow immigration attorneys Emily Sumner and Ashley Colón-Dziegielewski for a live myLawCLE continuing legal education program, “Public Charge After September 18: Defending Protected Filings and Building the New Adjustment Record.” The two-hour program will examine the significant changes affecting public charge determinations following the September 18, 2026 transition.

The program is designed for immigration attorneys navigating adjustment of status cases under the changing public charge framework.

We will discuss how practitioners can identify exempt categories, evaluate the statutory public charge factors, consider benefits history and financial evidence, and build a more complete record for applicants facing increased discretionary review.

The discussion will also address filings made before and after the September 18 transition and the public charge considerations that may arise during consular processing.

For me, participating in programs like this is also an opportunity to exchange practical perspectives with other immigration professionals at a time when attorneys and their clients are dealing with substantial changes in immigration policy.

Staying informed—and carefully distinguishing what the law establishes from what remains uncertain—is especially important during periods of transition.

The program will be presented live on October 1, 2026, at 12:00 p.m. ET through myLawCLE and offers 2 CLE credit hours.

View the program details and registration information on myLawCLE

LEGAL DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

For professional and dedicated immigration legal services, reach out to our immigration attorney Martha Arias and her team at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

CALL NOW

REQUEST A CONSULTATION

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TPS for El Salvador, I-220A and Immigration Options

Martha Arias — Thu, 10 Sep 2026 20:11:13 +0000

Yesterday afternoon, I joined Carlos and Agustín Acosta on Actualidad Radio’s Cada Tarde for our weekly conversation about current U.S. immigration issues and the questions many families, workers, and business owners are facing.

Our discussion focused on the future of Temporary Protected Status (TPS) for Salvadorans, the long-term ties many TPS holders have developed in the United States, and the possible economic consequences when people who have worked, paid taxes, built businesses, and created jobs face uncertainty about their immigration status.

We also spoke about I-220A cases, employment and business-based immigration possibilities, adjustment of status, unlawful presence and waivers, travel and parole issues, and why the details of a person’s immigration history can make a significant difference when evaluating possible options.

As always, I appreciate Carlos and Agustín for giving us the time to discuss these complicated subjects thoughtfully and for asking the practical questions that many people in our community are also asking.

Immigration law continues to change, and circumstances are different for every individual and family. Staying informed—and obtaining advice based on your particular immigration history—is especially important when your status, employment, family, or business may be affected.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, policies, court decisions, and agency procedures may change, and every case depends on its individual facts. Reading this article or contacting Arias Villa, PLLC does not create an attorney-client relationship.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

CALL NOW

REQUEST A CONSULTATION

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New I-765 and I-539 Forms Required September 15, 2026: USCIS Will Reject Older Editions

Martha Arias — Mon, 07 Sep 2026 17:43:48 +0000

Updated September 7, 2026: USCIS currently continues to require the new 09/15/26 editions of Forms I-765 and I-539 for filings postmarked or electronically submitted on or after September 15, 2026. Applicants should confirm the current USCIS form edition immediately before filing.

Beginning September 15, 2026, U.S. Citizenship and Immigration Services (USCIS) will require new editions of Form I-765, Application for Employment Authorization, and Form I-539, Application to Extend/Change Nonimmigrant Status. There will be no grace period for the older editions.

This is an important filing change for anyone who is currently preparing one of these applications because using the wrong edition could result in USCIS rejecting the filing.

USCIS has announced that both revised forms will carry an edition date of 09/15/26. The agency will begin accepting those editions on September 15, 2026, and will reject the previous editions if they are postmarked or electronically submitted on or after that date.

Which Form Edition Should You Use?

The transition is very specific:

Form	Filed Before September 15, 2026	Filed On or After September 15, 2026
Form I-765	08/21/25 edition	09/15/26 edition
Form I-539	08/28/24 edition	09/15/26 edition

For Form I-765, USCIS currently confirms that the 08/21/25 edition is the edition in use before the September 15 transition.

There Is No Grace Period

The most important part of this announcement is that USCIS is not providing a transition period during which both editions may be used.

USCIS says it will:

accept the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted before September 15, 2026;
reject that edition if it is postmarked or electronically submitted on or after September 15;
accept only the new 09/15/26 Form I-539 beginning September 15;
accept the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted before September 15;
reject that edition if it is postmarked or electronically submitted on or after September 15; and
accept only the new 09/15/26 Form I-765 beginning September 15.

There is another important point: do not file the new 09/15/26 editions before September 15. USCIS has made preview versions available so applicants and representatives can review the changes in advance, but the agency says those editions will only be accepted if they are postmarked or electronically submitted on or after September 15.

Why the Filing Date Matters?

For this transition, the date that matters is not simply when someone begins preparing the application.

For a paper filing, USCIS specifically refers to the postmark date. For an online filing, USCIS refers to the electronic submission date.

This creates a particular concern for applicants who may already be completing one of the current forms.

For example, someone could download and prepare the current Form I-765 or Form I-539 today, but if the application is not mailed or electronically submitted until September 15 or later, that older edition will no longer be accepted.

That is why I recommend checking the edition date again immediately before filing rather than assuming that a form downloaded several days or weeks earlier is still acceptable.

Who May Be Affected?

Form I-765 is used to request employment authorization by people in many different immigration categories. USCIS describes it as the application used to request employment authorization and, where applicable, an Employment Authorization Document, commonly called an EAD or work permit.

Form I-539 is used by eligible nonimmigrants for purposes that include requesting an extension of stay or a change to another nonimmigrant status. It is also used in certain other situations identified in the USCIS instructions.

The revised forms are being introduced in connection with the government’s new fixed-period-of-admission rules affecting certain academic students, exchange visitors, and representatives of foreign information media. However, USCIS’s edition requirements apply when filing these forms, so anyone preparing an I-539 or I-765 should pay attention to the September 15 transition.

What Should Applicants Do Now?

If you are preparing Form I-765 or Form I-539 around this deadline, the safest practical approach is simple:

Check the USCIS form page immediately before submitting your application and confirm that the edition date matches the filing date.

Do not rely on a form that was downloaded earlier, saved on a computer, obtained from another website, or previously printed without confirming that it remains the edition USCIS accepts.

A rejection is different from a request for additional evidence. USCIS may refuse to accept the filing in the first place when the wrong form edition is submitted. Depending on the circumstances of an individual case, losing that filing time can have important consequences.

DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, policies, forms, fees, and filing requirements may change. Always verify current requirements with USCIS before filing.

Martha L. Arias, Esq.
Immigration Law Attorney

Applying for Adjustment of Status (or Green Card)?

Immigration forms and filing requirements can change quickly, and a seemingly small issue such as the edition date printed at the bottom of a form can determine whether USCIS accepts or rejects an application.

If you have questions about an upcoming immigration filing or are unsure which forms and filing requirements apply to your particular circumstances, you may contact my office at 305-671-0018.

CALL NOW

BOOK AN APPOINTMENT

The post New I-765 and I-539 Forms Required September 15, 2026: USCIS Will Reject Older Editions appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Form I-485 Changes September 18, 2026: What Adjustment of Status Applicants Need to Know

Martha Arias — Thu, 03 Sep 2026 14:59:54 +0000

If you are preparing to apply for Adjustment of Status in the United States, September 18, 2026 is an important date to understand.

On that day, U.S. Citizenship and Immigration Services (USCIS) will begin requiring a new edition of Form I-485, Application to Register Permanent Residence or Adjust Status. September 18 is also the effective date of the Department of Homeland Security‘s new public charge rule.

These changes do not mean that every adjustment-of-status applicant should rush to file before September 18. They do, however, make it especially important to use the correct form edition, understand which rules apply to your case, and make sure an application is complete before it is submitted.

A New Form I-485 Takes Effect September 18

USCIS has announced a new 09/18/26 edition of Form I-485.

Until September 18, USCIS will continue to accept the current 01/20/25 edition. USCIS specifically warns applicants not to use the new 09/18/26 edition before September 18.

For applications postmarked or electronically submitted on or after September 18, 2026, USCIS will accept only the new 09/18/26 edition. Older editions will be rejected.

This distinction matters because a rejected application generally does not receive the filing date that an applicant may have been trying to secure.

Applicants preparing a filing around the transition date should therefore pay particular attention to both the edition date printed on the form and the date the application is submitted.

The Public Charge Rules Also Change September 18

A separate but important change also takes effect on September 18.

The Department of Homeland Security’s final rule rescinds the public charge regulations adopted in 2022 and returns greater discretion to immigration officers when determining whether an applicant subject to the public charge ground of inadmissibility is likely at any time to become a public charge.

For adjustment-of-status cases, the new rule applies to applications postmarked or electronically submitted on or after September 18, 2026.

This means an adjustment application properly filed before September 18 does not become subject to the new rule simply because USCIS continues processing the case after that date. DHS also states that receipt of means-tested public benefits before September 18 will be considered consistently with the prior 2022 rule.

What Will USCIS Consider Under the New Public Charge Framework?

The public charge determination remains an individualized review.

Federal law requires immigration officers to consider, at a minimum, factors including:

age;
health;
family status;
assets, resources and financial status; and
education and skills.

Where required, an Affidavit of Support, Form I-864, is also relevant.

Under the new framework, officers may additionally consider an applicant’s receipt of means-tested public benefits and other circumstances relevant to determining whether the individual is likely at any time to become a public charge. DHS describes the determination as a case-by-case review based on the totality of the circumstances.

Receiving a particular benefit does not automatically mean that an adjustment application will be denied. DHS specifically explains that receipt of a means-tested benefit is one consideration rather than an automatic determination by itself.

Benefits Received by Children or Other Family Members

This is an area where families should be particularly careful about misinformation.

The public charge determination focuses primarily on the person applying for admission or adjustment of status.

DHS states that USCIS is collecting information concerning means-tested public benefits received by the adjustment applicant. Benefits received by another household member are not simply treated as though they were received by the applicant.

There can, however, be circumstances in which a family member’s receipt of benefits may provide information relevant to the applicant’s overall financial situation—for example, where someone the applicant is legally obligated to support receives means-tested benefits because household income falls below a qualifying threshold.

For that reason, families should not make decisions about terminating benefits based solely on generalized information they see online.

Does the Public Charge Rule Apply to Every Form I-485 Applicant?

No. Not every person filing Form I-485 is subject to the public charge ground of inadmissibility.

USCIS identifies a number of exempt immigration categories. Depending on the circumstances, these can include certain:

refugees and asylees;
VAWA self-petitioners;
Special Immigrant Juveniles;
U and T nonimmigrants;
Cuban Adjustment Act applicants;
NACARA applicants; and
other categories specifically exempted by law.

The applicable exemption depends on the legal basis for adjustment, and the complete USCIS list should be reviewed when determining whether the public charge provisions apply to a particular case.

Should You File Form I-485 Before September 18?

This will understandably be one of the most common questions over the next two weeks.

For someone who is already eligible to adjust status and has a properly prepared application, the September 18 effective date may be relevant because it determines both which edition of Form I-485 must be used and, for applicants subject to public charge, which regulatory framework applies.

But the answer is not simply:

“Everyone should file before September 18.”

Adjustment of status requires much more than submitting Form I-485. Immigration history, eligibility, visa availability where applicable, admissibility, supporting documentation, financial sponsorship, medical examination requirements and other issues can affect whether and when an application should be filed.

Rushing an incomplete or incorrect application simply to meet a date can create its own problems.

If You Are Preparing an Adjustment of Status Application

If you are planning to file Form I-485 during September, check the USCIS website immediately before submitting your application.

Make sure you are using the correct edition, current instructions, filing fee and filing location.

For people whose cases may involve public charge concerns, financial sponsorship questions, prior immigration issues, or uncertainty about adjustment eligibility, it may also be wise to have the case reviewed before filing.

Frequently Asked Questions

What Form I-485 edition should I use before September 18, 2026?

USCIS currently instructs applicants filing before September 18 to use the 01/20/25 edition.

What Form I-485 edition is required beginning September 18, 2026?

For filings postmarked or electronically submitted on or after September 18, USCIS will require the 09/18/26 edition.

Will USCIS accept the new Form I-485 before September 18?

No. USCIS states that the 09/18/26 edition should not be submitted before its effective date.

Does the new public charge rule apply to pending I-485 applications?

The new rule applies to adjustment applications postmarked or electronically submitted on or after September 18, 2026.

Does receiving public benefits automatically make someone ineligible for a green card?

No. For applicants subject to public charge, DHS uses an individualized totality-of-the-circumstances analysis. Receipt of a means-tested benefit is not automatically determinative.

DISCLAIMER: This article provides general information about U.S. immigration law and is not legal advice. Immigration eligibility and filing strategy depend on the individual facts of each case.

Martha L. Arias, Esq.
Immigration Law Attorney

Applying for Adjustment of Status (or Green Card)?

Immigration rules and USCIS forms can change quickly. Taking the time to understand which requirements actually apply to your circumstances can help avoid unnecessary mistakes.

If you have questions about U.S. immigration law, the new public charge rule, adjustment of status, or another U.S. immigration matter, you may contact my office at Arias Villa, PLLC in Miami at (305) 671-0018.

CALL NOW

BOOK AN APPOINTMENT

The post Form I-485 Changes September 18, 2026: What Adjustment of Status Applicants Need to Know appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

75-Country Immigrant Visa Pause Is No Longer in Effect

Martha Arias — Wed, 02 Sep 2026 15:36:14 +0000

The U.S. Department of State has confirmed that the immigrant-visa issuance pause affecting nationals of 75 countries is no longer in effect.

According to updated guidance from the Department of State, the pause ended as of August 21, 2026, in accordance with a federal court order.

This is an important development for families and individuals who may have been affected by the earlier restriction, but I want to emphasize that it does not necessarily mean that every applicant can now immediately receive an immigrant visa. Other immigration rules, visa restrictions, eligibility requirements, security screening, public-charge considerations, and country-specific measures may still apply.

What Was the 75-Country Pause?

Beginning January 21, 2026, the Department of State paused immigrant-visa issuance for nationals of 75 countries while reviewing screening and vetting policies related in part to public-benefit and public-charge concerns.

The affected countries included:

Colombia, Brazil, Cuba, Guatemala, Jamaica, Nicaragua, Uruguay, Albania, Algeria, Armenia, Bangladesh, Egypt, Haiti, Iraq, Jordan, Morocco, Nigeria, Pakistan, Russia, Thailand, Tunisia, and many others.

The Department continued scheduling immigrant-visa interviews during the pause, but visa issuance itself was restricted for affected applicants, subject to limited exceptions.

What Changed?

The State Department now states:

“As of August 21, 2026… the January 2026 pause of immigrant visa issuance to nationals of 75 countries is no longer in effect.”

For affected applicants, that means the specific 75-country issuance pause is no longer the reason preventing an immigrant visa from being issued.

However, each case must still satisfy all other requirements of U.S. immigration law.

Does This Apply to Tourist Visas?

The earlier 75-country measure applied specifically to immigrant visas.

The Department of State expressly states that tourist visas are nonimmigrant visas and were not covered by that particular pause.

This distinction is important because “visa pause” headlines can easily create the impression that all U.S. visas were affected.

They were not.

Does This Mean All Visa Restrictions Have Ended?

No.

The end of this particular 75-country immigrant-visa pause should not be interpreted as the removal of every other immigration or visa restriction.

Separate rules and restrictions may still apply depending on:

nationality;
visa category;
public-charge requirements;
security and vetting rules;
presidential proclamations;
individual admissibility issues; and
the facts of each case.

Applicants should therefore review the rules that apply specifically to their immigration category rather than relying only on general headlines.

What About Diversity Visas?

There is an important separate development.

On August 31, 2026, the Department of State issued new guidance stating that it has paused all Diversity Visa issuances while it reviews screening and vetting procedures for the DV program.

Diversity Visa applicants may still:

submit visa applications;
attend interviews; and
have appointments scheduled.

But according to the State Department, Diversity Visas are not currently being issued, and there are no exceptions under the current guidance.

That is a separate policy from the now-ended 75-country immigrant-visa pause.

My Tips for Applicants

Do not assume an old visa restriction still applies to your case. Immigration policies can change quickly, and the 75-country issuance pause is a good example.
Check your specific visa category. Immigrant visas, tourist visas, Diversity Visas, employment visas, and other classifications may be governed by different rules.
Continue following instructions from the U.S. embassy or consulate handling your case. The end of a general pause does not automatically replace case-specific instructions.
Do not assume the end of the pause guarantees visa issuance. Applicants must still establish eligibility under U.S. law.
Use official government information. Visa policies are changing rapidly, and secondary reports may not reflect the most recent guidance.

Frequently Asked Questions

Is the 75-country immigrant-visa pause still in effect?

No. The Department of State says that, as of August 21, 2026, the January 2026 pause is no longer in effect.

Was Colombia included in the affected countries?

Yes. Colombia was among the 75 countries covered by the January 2026 immigrant-visa issuance pause.

Does this mean Colombian immigrant visas can now be issued?

The specific 75-country pause no longer prevents issuance. However, applicants must still satisfy all other applicable visa and immigration requirements.

Were tourist visas included in the pause?

No. The Department of State states that the pause applied to immigrant visas, not tourist visas.

Are Diversity Visas now being issued?

Currently, no. Under separate guidance issued August 31, the Department of State has paused all Diversity Visa issuances, although applications and interviews may continue.

Martha L. Arias, Esq.
Immigration Law Attorney

What Applicants Should Know Now?

For families and individuals affected by the 75-country restriction, this is a meaningful change. But immigration policy remains fluid, and the end of one restriction does not necessarily mean that every other visa requirement or limitation has been removed.

If you have questions about an immigrant visa, consular processing, adjustment of status, or another U.S. immigration matter, you may contact my office at Arias Villa, PLLC in Miami at (305) 671-0018.

CALL NOW

BOOK AN APPOINTMENT

DISCLAIMER: This article provides general immigration information and does not constitute legal advice. Visa eligibility and issuance depend on each applicant’s circumstances and applicable U.S. law. Government policies and procedures may change.

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