Immigration Law Archives - Miami Immigration Lawyer - Attorney Martha L. Arias, Esq.

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

SEND A MESSAGE

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.

The post U.S. Expands Social Media Screening for TN, TD and I Visa Applicants appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

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

SEND A MESSAGE

The post Attorney Martha Arias to Speak at myLawCLE Program on the New Public Charge Rule appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

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

SEND A MESSAGE

The post TPS for El Salvador, I-220A and Immigration Options appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

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..

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.

The post 75-Country Immigrant Visa Pause Is No Longer in Effect appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Immigration Changes Discussed on TVV International with Jessica Morales

Martha Arias — Mon, 24 Aug 2026 15:40:43 +0000

On Friday, I joined Jessica Morales on TVV International to discuss several important developments in U.S. immigration law, including the new public-charge rule taking effect September 18, changes to Form I-485 and Form I-765, recent developments involving advance parole, and changes affecting asylum proceedings.

FOLLOW ME ON SOCIAL MEDIA

With immigration policies and procedures continuing to change, it is especially important to verify the current requirements before submitting an application or making decisions about international travel.

My sincere thanks to Jessica Morales and the team at TVV International for the opportunity to help keep our community informed.

DISCLAIMER: This information is provided for general educational purposes and does not constitute legal advice.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

CALL NOW

BOOK AN APPOINTMENT

The post Immigration Changes Discussed on TVV International with Jessica Morales appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Venezuela TPS and Immigration Changes: My Conversation With Unión Radio Noticias

Martha Arias — Thu, 20 Aug 2026 20:22:57 +0000

This morning, I joined Unión Radio Noticias to discuss the uncertainty many Venezuelans are experiencing as immigration policies and protections continue to change in the United States.

During the interview, we spoke about the end of TPS protections for many Venezuelans, concerns surrounding work authorization and immigration enforcement, travel outside the United States, asylum, voluntary departure, and the difficult decisions many families are now facing.

We also discussed something that is sometimes overlooked: the emotional impact these rapid changes can have not only on immigrants and their families, but also on the legal professionals and staff working with them every day.

FOLLOW ME ON SOCIAL MEDIA

Immigration law is changing quickly, and circumstances can be very different from one person to another. Before making an important decision about travel, remaining in the United States, filing an immigration application, or leaving the country, it is important to understand how current law applies to your individual situation.

My sincere thanks to the hosts and the entire Unión Radio Noticias team for inviting me and for giving their audience an opportunity to stay informed about these important issues.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney in Miami

CALL NOW

BOOK AN APPOINTMENT

DISCLAIMER: This article provides general information only and does not constitute legal advice. Immigration matters depend on individual circumstances and current law.

The post Venezuela TPS and Immigration Changes: My Conversation With Unión Radio Noticias appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

New Public Charge Rules Take Effect September 18, 2026: What Green Card Applicants Should Know

Martha Arias — Tue, 18 Aug 2026 17:23:31 +0000

Update — August 19, 2026

USCIS issued new public-charge implementation guidance on August 18, 2026. The guidance will take effect on September 18, 2026, together with the new public-charge rule, and will apply to affected Forms I-485 postmarked or electronically submitted on or after that date.

USCIS has also announced that it will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status, for implementation of the new rule. Older editions of Form I-485 postmarked or electronically submitted on or after September 18 will not be accepted. Applicants filing near the effective date should check the official USCIS Form I-485 page before submitting their application to make sure they are using the edition USCIS currently requires.

Applications properly filed and accepted by USCIS before September 18, 2026, and still pending on that date, remain subject to the public-charge criteria under the 2022 rule.

Official USCIS guidance:
https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination

Official Form I-485 page:
https://www.uscis.gov/i-485

New Public Charge Rules Take Effect September 18, 2026

What Green Card Applicants Should Know

A significant change to the U.S. immigration public charge rules will take effect on September 18, 2026, and I want to clarify what it means—especially because this is an area where confusing headlines can easily cause unnecessary fear.

The Department of Homeland Security has rescinded most of the public-charge regulations adopted in 2022.

Beginning September 18, immigration officers will have broader discretion to evaluate whether an applicant who is subject to the public-charge ground of inadmissibility is likely at any time to become a public charge.

But there are two very important points to understand:

Receiving a public benefit does not automatically mean your green card will be denied, and the public-charge rule does not apply to every immigration applicant.

What Changes on September 18?

Under the U.S. Immigration Law, officers making a public-charge determination must consider the applicant’s circumstances as a whole, including at least:

Age
Health
Family status
Assets, resources and financial status
Education and skills

An Affidavit of Support, Form I-864, may also be considered when applicable, and it remains legally required for most family-sponsored immigrants and certain employment-based immigrants.

Beginning September 18, DHS will have broader discretion to consider additional relevant circumstances, including an applicant’s application for, approval or certification to receive, or receipt of means-tested public benefits, as part of the totality of the circumstances.

Importantly, no single factor—including receipt of a means-tested benefit—automatically determines the outcome of a public-charge decision.

What About Benefits Received Before September 18?

This is an especially important distinction.

DHS states that previously excluded means-tested public benefits received before September 18, 2026 will not suddenly be evaluated under the broader new approach.

For benefits received before September 18, DHS will continue applying the standards of the 2022 rule. That generally limited benefit consideration to certain public cash assistance for income maintenance and long-term institutionalization at government expense.

For previously excluded means-tested benefits, the broader consideration begins with benefits applied for or received on or after September 18, 2026.

What If My Green Card Application Is Already Pending?

The filing date matters.

If an adjustment-of-status application is postmarked or electronically submitted before September 18, 2026 and accepted by USCIS, and it remains pending when the new rule takes effect, DHS says it will be adjudicated under the criteria of the 2022 rule.

Applications for adjustment of status postmarked or electronically submitted on or after September 18, 2026 will be subject to the new framework.

Applicants should not, however, rush to submit an incomplete or inaccurate application simply to file before the effective date. A properly prepared filing remains extremely important.

Does the Rule Apply to Everyone Seeking a Green Card?

No.

There are statutory exemptions from the public-charge ground of inadmissibility.

This is particularly important for many members of our South Florida community: eligible applicants adjusting status under the Cuban Adjustment Act remain exempt from the public-charge ground of inadmissibility.

Refugees and asylees adjusting status under the applicable provisions of immigration law are also among those exempt.

The new rule removes the regulatory list of exemptions, but it does not eliminate exemptions established by Congress.

What About Benefits Received by My Children or Other Family Members?

Generally, USCIS is focused on benefits received by the person applying for adjustment of status, not benefits received independently by other family members.

For example, the fact that a U.S. citizen child receives a public benefit does not simply mean that the parent is considered to have received that benefit.

However, certain financial circumstances involving the household may still be relevant—for example, if a family member’s benefits are actually providing the applicant’s financial support or if the circumstances reveal information relevant to the applicant’s own income and financial situation.

This is another reason these cases should be evaluated individually rather than relying on broad statements about whether a particular benefit is always “safe” or “unsafe.”

My Tips Before September 18

Know whether the public-charge ground applies to your immigration category. Some applicants are statutorily exempt.

Pay attention to your filing date. Applications accepted by USCIS and filed before September 18 are treated differently from applications filed on or after the effective date.

Do not assume receiving one benefit automatically means a denial. Public charge is a prospective determination based on the totality of the applicant’s circumstances.

Do not assume all family benefits count against you. Benefits received by a child, spouse or another household member generally are not treated as benefits received by the applicant.

Check the current Form I-485 before filing. USCIS has announced that it will publish a revised Form I-485 in connection with implementation of the new rule.

If you are uncertain, obtain advice based on your individual circumstances before making decisions about immigration filings or public benefits. Eligibility for a benefit and its possible immigration consequences are separate questions.

Frequently Asked Questions

Will receiving Medicaid, SNAP or another means-tested benefit automatically cause my green card to be denied?

No. DHS expressly states that receipt of means-tested public benefits alone is not outcome-determinative.

Beginning September 18, however, an applicant’s application for, approval to receive, or receipt of qualifying means-tested benefits may be considered along with age, health, family circumstances, finances, education, skills and other relevant factors.

Are benefits I received before September 18 going to be reconsidered under the new rule?

Previously excluded means-tested benefits received before September 18 will not be evaluated retroactively under the broader new standard. DHS says benefits received before the effective date will be treated consistently with the 2022 rule.

I filed Form I-485 before September 18. Which rules apply?

If the application was postmarked or electronically submitted before September 18, was accepted by USCIS, and remains pending, DHS states that it will be adjudicated under the criteria established by the 2022 rule.

A rejected application is different. DHS specifically states that it looks to the filing currently before USCIS rather than the date of an earlier filing that USCIS rejected.

Does this change affect someone applying under the Cuban Adjustment Act?

Eligible applicants adjusting status under the Cuban Adjustment Act remain statutorily exempt from the public-charge ground of inadmissibility. The new rule does not remove that exemption.

Will my child’s public benefits automatically count against me?

Generally, no. USCIS does not treat a family member’s benefit receipt as though the adjustment applicant personally received that benefit.

There can be limited circumstances in which household financial information is relevant to the applicant’s overall financial situation, so individual facts still matter.

What Green Card Applicants Should Do Now

The September 18 change is significant, but it should not cause people to panic or immediately stop receiving benefits for which they or their family members are lawfully eligible.

The more important step is to understand whether the public-charge ground applies to your case, which rules apply based on your filing date, and how your individual circumstances may be evaluated.

Public-charge determinations are highly individualized. One person’s immigration situation may be very different from another’s.

If you have questions about adjustment of status, a green card application, or how these changes may relate to your immigration case, you may contact

DISCLAIMER: This article provides general immigration information and does not constitute legal advice. Public-charge rules do not apply to every immigration category, and each case depends on its individual facts and circumstances. Immigration laws, forms, policies and procedures may change.

Martha L. Arias, Esq.
Immigration Law Attorney

Dedicated Immigration Law Attorney Martha Arias

If you have questions about adjustment of status, a green card application, or how these changes may relate to your immigration case, you may contact my office at 305-671-0018.

CALL NOW

BOOK AN APPOINTMENT

The post New Public Charge Rules Take Effect September 18, 2026: What Green Card Applicants Should Know appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

USCIS Is Moving Toward Mandatory Online Filing

Martha Arias — Mon, 17 Aug 2026 15:05:32 +0000

USCIS Is Moving Toward Mandatory Online Filing

What Changed on August 11, 2026?

If you recently saw headlines suggesting that USCIS has suddenly eliminated paper immigration applications, that is not what happened on August 11, 2026.

A new Department of Homeland Security interim final rule gives U.S. Citizenship and Immigration Services the authority to require electronic filing for certain immigration benefit requests in the future. However, the rule itself does not immediately require every USCIS application or petition to be filed online.

The rule became effective on August 11, 2026.

What Actually Changed?

Under the new rule, USCIS may eventually require electronic filing for a benefit request that has already been available for electronic filing for at least 180 days.

But USCIS cannot simply make a particular filing electronic-only without warning. When USCIS decides to impose a mandatory electronic-filing requirement, it must announce that requirement on its official website and provide at least 60 days of advance notice before the mandate takes effect.

The Federal Register specifically explains that the August 11 rule does not itself impose or announce a mandatory electronic-filing requirement for any particular benefit request. Instead, it gives USCIS the authority and procedures to establish those requirements later.

Does This Mean Paper Filing Is Gone?

No—not today.

Applicants and petitioners should continue following the current filing instructions for the particular USCIS form they are submitting.

Some forms can already be filed online, while others continue to use paper filing or have different electronic options. USCIS maintains an official list of forms currently available for online filing:

https://www.uscis.gov/file-online/forms-available-to-file-online

The important change is that USCIS now has a regulatory path to make electronic filing mandatory for eligible forms in the future.

What Will Electronic Filing Mean?

When USCIS eventually requires electronic filing for a particular benefit request, filing electronically may include completing the form through a USCIS online account or, where USCIS makes that option available, uploading a completed PDF through an approved online account.

That means “electronic filing” does not necessarily mean every form will have to be completed through the same type of online questionnaire.

What About People Who Cannot File Online?

The new rule also establishes a process through which someone may request permission to file on paper when mandatory electronic filing would create undue hardship.

The rule creates Form I-936, Request for Waiver of E-Filing Requirement, for this purpose. USCIS will evaluate waiver requests individually and may consider circumstances such as geographic location, socioeconomic conditions, and access to technology or public internet resources.

Importantly, simply being unfamiliar with USCIS’s online system or not already having an online account generally will not, by itself, be enough to qualify for a waiver.

My Tips for Applicants

Check the filing instructions before every submission. Do not assume that the filing method you used previously is still the correct one.

Use USCIS.gov as your source. If USCIS makes electronic filing mandatory for a particular form, the agency will announce the requirement and its effective date on its official website.

Do not stop filing paper forms simply because of the August 11 announcement. If the current instructions permit paper filing and USCIS has not announced a mandatory electronic-filing date for that particular request, follow the current instructions.

Pay attention to future USCIS notices. Filing a form using the wrong method after a mandatory electronic-filing requirement takes effect could create serious filing problems, particularly when deadlines or priority dates are involved.

Frequently Asked Questions

Did USCIS eliminate paper filing on August 11, 2026?

No. The rule gives USCIS authority to require electronic filing in the future. It does not itself make every USCIS benefit request electronic-only.

Can USCIS make any form electronic-only immediately?

No. Before USCIS can mandate electronic filing, the benefit request must have been available for electronic filing for at least 180 days. USCIS must then provide at least 60 days’ advance notice before the mandatory requirement begins.

Will every immigration form eventually become online-only?

The rule does not establish a date by which every USCIS form must become electronic-only. USCIS will decide separately whether and when to mandate electronic filing for particular forms, classifications, or types of requests.

Can someone still file on paper after USCIS makes electronic filing mandatory?

The rule establishes a waiver process for individuals who can demonstrate that mandatory electronic filing would create undue hardship. A waiver must be approved before the related benefit request can be submitted on paper under that exception.

What Applicants Should Do Now

For now, there is no reason to panic or assume that paper applications have suddenly disappeared.

The more important message is that USCIS is clearly moving toward a more electronic filing system, and applicants, families, employers, professionals, and investors should pay close attention to the filing instructions that apply at the time their case is submitted.

Immigration filing procedures can change, and using the correct filing method is an important part of properly preparing a case.

Martha L. Arias, Esq.
Immigration Law Attorney

Do you have questions about Immigration?
Contact my office today.

If you have questions about a U.S. immigration matter or would like to discuss your individual circumstances, you may call us at (305) 671-0018 or schedule your consultation and let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

The post USCIS Is Moving Toward Mandatory Online Filing appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

USCIS May Deny Immigration Cases Without First Sending an RFE

Martha Arias — Fri, 14 Aug 2026 17:52:59 +0000

USCIS May Deny Immigration Cases Without First Sending an RFE: What Applicants Should Know

If you are preparing an immigration application or petition, a recent USCIS policy change makes one point especially important: do not assume USCIS will give you another opportunity to provide missing or insufficient evidence after you file.

On August 5, 2026, U.S. Citizenship and Immigration Services announced that it had restored greater discretion to immigration officers to deny certain benefit requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). The policy took effect immediately and generally applies to requests pending or filed on or after August 5, 2026, subject to situations where regulations or other applicable requirements provide otherwise.

What Does This Mean for Applicants?

An RFE is a notice from USCIS requesting additional evidence when the agency needs more information to decide a case. A NOID tells an applicant or petitioner that USCIS intends to deny the request and provides an opportunity to respond in circumstances where a NOID is required or appropriate.

The important practical lesson from the new policy is that receiving an RFE or NOID should never be treated as a guaranteed second chance to complete a case.

This does not mean USCIS will automatically deny every application that has a problem. There are circumstances in which an RFE or NOID may still be issued or required. But applicants should prepare their initial filing with the expectation that USCIS could make a decision based on the evidence already submitted.

My Tips Before Filing With USCIS

Submit the strongest complete filing you can from the beginning. Review the evidence required for your particular petition or application and make sure important supporting documents are included.

Use the current USCIS form and instructions. Immigration forms, filing requirements, fees, and supporting-document requirements can change. Always check the official USCIS website before filing.

Do not plan around receiving an RFE. An RFE can still occur, but it should not be part of your filing strategy.

Be especially careful with complicated cases. Prior immigration violations, criminal history, inconsistent records, previous denials, questions about eligibility, or complicated business and financial documentation may require additional analysis before a case is filed.

Frequently Asked Questions

Does this mean USCIS will no longer send RFEs?

No. USCIS can still issue Requests for Evidence when appropriate. The change means applicants should not assume that USCIS must send an RFE before denying a benefit request.

When did the new policy take effect?

USCIS states that the policy became effective on August 5, 2026, and generally applies to requests pending or filed on or after that date, unless otherwise specified by applicable regulations or policy.

Should I send extra documents just to be safe?

Not necessarily. More paperwork is not always better. The goal should be to submit relevant, organized, and sufficient evidence that addresses the requirements of your particular immigration benefit.

What should I do if I am unsure whether my evidence is sufficient?

Before filing, carefully review the USCIS requirements for your case. If your situation is complicated or you are uncertain about eligibility or supporting evidence, consider speaking with an immigration attorney before submitting the application.

LEGAL DISCLAIMER:

This article provides general immigration information and is not legal advice. Immigration cases depend on individual facts and circumstances, and government policies and procedures may change.

Martha L. Arias, Esq.
Immigration Law Attorney

Preparation Matters More Than Ever

Immigration cases are decided on their individual facts and evidence. This USCIS policy change is another reminder that careful preparation at the beginning of a case matters.

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

CALL NOW

BOOK AN APPOINTMENT

The post USCIS May Deny Immigration Cases Without First Sending an RFE appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

Immigration Law Archives - Miami Immigration Lawyer - Attorney Martha L. Arias, Esq.

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

Who Is Affected by the October 1 Change?

What Does “Online Presence Review” Mean?

Is Social Media Screening New?

My Tips for TN, TD and I Visa Applicants

Frequently Asked Questions

When does the new social-media screening rule begin?

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

Does this apply to spouses and children of TN professionals?

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

What if I do not have social media?

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

What Applicants Should Know Before October 1

Experienced Immigration Law Attorney

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

Experienced Immigration Law Attorney

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

Experienced Immigration Law Attorney

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

Which Form Edition Should You Use?

There Is No Grace Period

Why the Filing Date Matters?

Who May Be Affected?

What Should Applicants Do Now?

Applying for Adjustment of Status (or Green Card)?

75-Country Immigrant Visa Pause Is No Longer in Effect

What Was the 75-Country Pause?

What Changed?

Does This Apply to Tourist Visas?

Does This Mean All Visa Restrictions Have Ended?

What About Diversity Visas?

My Tips for Applicants

Frequently Asked Questions

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

Was Colombia included in the affected countries?

Does this mean Colombian immigrant visas can now be issued?

Were tourist visas included in the pause?

Are Diversity Visas now being issued?

What Applicants Should Know Now?

Immigration Changes Discussed on TVV International with Jessica Morales

Experienced Immigration Law Attorney

Venezuela TPS and Immigration Changes: My Conversation With Unión Radio Noticias

Experienced Immigration Law Attorney in Miami

New Public Charge Rules Take Effect September 18, 2026: What Green Card Applicants Should Know

Update — August 19, 2026

New Public Charge Rules Take Effect September 18, 2026

What Green Card Applicants Should Know

What Changes on September 18?

What About Benefits Received Before September 18?

What If My Green Card Application Is Already Pending?

Does the Rule Apply to Everyone Seeking a Green Card?

What About Benefits Received by My Children or Other Family Members?

My Tips Before September 18

Frequently Asked Questions

Will receiving Medicaid, SNAP or another means-tested benefit automatically cause my green card to be denied?

Are benefits I received before September 18 going to be reconsidered under the new rule?

I filed Form I-485 before September 18. Which rules apply?

Does this change affect someone applying under the Cuban Adjustment Act?

Will my child’s public benefits automatically count against me?

What Green Card Applicants Should Do Now

Dedicated Immigration Law Attorney Martha Arias

USCIS Is Moving Toward Mandatory Online Filing

USCIS Is Moving Toward Mandatory Online Filing

What Changed on August 11, 2026?

What Actually Changed?

Does This Mean Paper Filing Is Gone?

What Will Electronic Filing Mean?

What About People Who Cannot File Online?

My Tips for Applicants

Frequently Asked Questions

Did USCIS eliminate paper filing on August 11, 2026?

Can USCIS make any form electronic-only immediately?

Will every immigration form eventually become online-only?

Can someone still file on paper after USCIS makes electronic filing mandatory?

What Applicants Should Do Now

Do you have questions about Immigration? Contact my office today.

USCIS May Deny Immigration Cases Without First Sending an RFE

USCIS May Deny Immigration Cases Without First Sending an RFE: What Applicants Should Know

What Does This Mean for Applicants?

Do you have questions about Immigration?
Contact my office today.