immigration update 2026 Archives - 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.

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ICE Enforcement, Pending Asylum and CBP Home

Martha Arias — Mon, 10 Aug 2026 21:35:40 +0000

In my recent interview with Orián Brito, we discussed some of the immigration questions I am hearing more frequently: increased ICE enforcement, pending asylum cases, immigration court proceedings, and whether someone should consider leaving the United States through CBP Home.

We began by discussing ICE’s expanding use of body-worn cameras. ICE has stated that it expects every officer and agent in the field to be equipped with a body-worn camera by the end of August 2026.

But for immigrants and their families, the larger concern is often much more personal: What happens if I already have a case pending?

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A Pending Asylum Case Requires Careful Attention

A significant change took effect on July 28, 2026. DHS now permits USCIS, in certain affirmative asylum cases, to refer an application directly to immigration court without first conducting an asylum interview.

This can apply to some pending cases as well as new applications. USCIS may make the referral based on the application, supporting evidence, and other information in the record.

This does not mean that every pending asylum applicant will automatically be sent to immigration court. It does mean that people with pending asylum cases should understand the strength, history, and procedural position of their own application rather than assuming that the normal process will remain unchanged.

What Is a Motion to Pretermit?

We also discussed Motions to Pretermit, which DHS may raise in immigration court.

In Matter of H-A-A-V-, the Board of Immigration Appeals held that an immigration judge may pretermit an asylum or related protection application without a full evidentiary hearing when there are no material factual disputes and, even taking the applicant’s allegations in the most favorable light, those allegations do not establish basic eligibility for the relief requested.

In simpler terms, some cases may face an earlier legal challenge before reaching a full asylum hearing.

That makes preparation increasingly important.

Thinking About Leaving Through CBP Home?

Another viewer asked about CBP Home, which DHS currently uses to facilitate voluntary self-departure from the United States.

Before making that decision, however, I strongly recommend understanding what departure could mean for your individual immigration history.

Leaving the United States can have immigration consequences. For example, depending on the circumstances, accumulated unlawful presence followed by departure can trigger three-year or ten-year inadmissibility bars.

CBP Home therefore should not be viewed as a substitute for reviewing your particular situation before leaving.

Know Your Own Case

The most important message from my conversation with Orián is simple: immigration cases that appear similar can have very different consequences.

If you have a pending asylum application, immigration court proceedings, a prior immigration order, or questions about departing the United States, take the time to understand your own record before making an important decision.

Thank you to Orián Brito for continuing to bring the community’s questions into these conversations.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

For professional and dedicated immigration legal services, reach out to immigration attorney Martha Arias at (305) 671-0018 or schedule your consultation today. Let us help you achieve your immigration goals.

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Disclaimer:
This article is provided for general educational and informational purposes only and does not constitute legal advice. Every immigration matter depends on its individual facts and circumstances.

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TPS for Haiti has ended—Review Your Immigration Options

Martha Arias — Tue, 28 Jul 2026 03:03:48 +0000

TPS for Haiti has ended—Review Your Immigration Options

Why Every Immigration Case Must Be Reviewed Individually

Today, I joined Lourdes Ubieta on Radio Libre 790 Miami to discuss the termination of Temporary Protected Status for Haiti and the serious uncertainty now confronting Haitian families throughout South Florida and the United States.

Haiti’s TPS designation officially terminates effective July 27, 2026. This follows a June 25, 2026 decision by the United States Supreme Court concerning the federal government’s authority to terminate the designation. Current USCIS guidance confirms that TPS-related protections and employment authorization based solely on Haiti’s designation are no longer continuing after the effective termination date.

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The end of TPS does not mean that every Haitian national has the same immigration situation. It also does not automatically mean that every former TPS beneficiary has no possible legal option. Each person’s next steps depend on their complete immigration history.

During my conversation with Lourdes, I explained that some individuals may have another possible path based on:

A lawful entry into the United States;
Marriage to a United States citizen;
An approved or pending family-based petition;
A current priority date in a family preference category;
A pending asylum application;
Humanitarian or family-reunification parole;
Proceedings before an immigration judge; or
Another form of immigration relief for which the person may independently qualify.

TPS itself does not automatically create eligibility for permanent residence. The manner in which a person entered the United States, whether the person has been placed in removal proceedings, whether parole remains valid, and whether a separate immigrant visa is available can all affect the legal analysis.

Individuals who entered without inspection, without a visa, or without parole may face additional complications. Those in immigration court must also consider the authority of the immigration judge and the procedural status of their cases. No one should assume that a solution available to a friend or relative will produce the same result in another case.

We also discussed reports of possible immigration enforcement activity affecting Haitian communities, including Springfield, Ohio, and areas of South Florida. Reports or rumors about enforcement operations must be treated carefully, but families should nevertheless be prepared, keep their immigration documents organized, and obtain case-specific legal advice from a qualified immigration attorney.

Another concern involves the growing pressure on overseas consular processing. A July 14 article in the Financial Times reported significant staffing reductions within the U.S. Department of State. Reduced staffing and leadership vacancies at overseas diplomatic posts could contribute to longer consular processing times, particularly for individuals who must complete an immigration case outside the United States.

I sincerely thank Lourdes Ubieta and the entire Radio Libre 790 Miami team for providing the time and space to address this important development. Clear, responsible information is particularly valuable when an immigration program changes and families are unsure of what to do next.

If your TPS has ended, do not make important decisions based only on social media, rumors, or another person’s case. A careful review of your entry history, petitions, parole documents, court records, and family relationships may help determine whether another legal option should be considered. Schedule your consultation today. Call (305) 671-0018 for more information.

DISCLAIMER: This article provides general information and does not constitute legal advice. Immigration options depend on the facts and procedural history of each individual case. Reading this article or contacting the firm does not establish an attorney-client relationship.

Martha L. Arias, Esq.
Immigration Law Attorney

Dedicated Immigration Advocacy for a Better Tomorrow

For professional and experienced U.S. Immigration legal services, reach out to immigration law attorney Martha Arias. Schedule a consultation today and let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

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