Author: royce.shin

USCIS to Reject Old EAD, Extension Forms Starting Sept. 15

U.S. Citizenship and Immigration Services (USCIS) will introduce new editions of two commonly used immigration forms, with no grace period for applicants using the older versions.

Form I-539 — used by eligible foreign nationals to extend or change their temporary immigration status; and Form I-765 — used to apply for work authorization — are set to change starting Sept. 15.

USCIS will publish new versions of the forms with a version date of September 15, 2026.

The changes are intended to align the forms with a recently published final rule establishing fixed periods of admission and procedures for extensions of stay for certain foreign national students and exchange visitors.

What Applicants Need to Know

USCIS will accept the existing August 28, 2024, version of Form I-539 if it is postmarked or electronically submitted before Sept. 15. If submitted on or after Sept. 15, it will be rejected.

The agency will accept the August 21, 2025, version of Form I-765 if it is postmarked or electronically submitted before Sept. 15, and any applications sent on the older form on or after the deadline will be rejected.

Applicants have been specifically advised not to file the Sept. 15 versions before Sept. 15 or they will be rejected.

USCIS cautioned that filing a request on the wrong form can result in rejection or denial and that filing fees will not be refunded if a case is denied.

Immigration News

USCIS updates public charge guidance, rescinds Biden-era rule

The US Citizenship and Immigration Services (USCIS) has issued updated guidance in its Policy Manual regarding how the agency will determine whether an applicant seeking lawful permanent residence (green card) is likely to become a public charge.

The new policy framework follows a final rule announced by the Department of Homeland Security (DHS) on July 16, 2026, which rescinds the 2022 Biden-era public charge regulations. Formally published in the Federal Register on July 20, 2026, the final rule goes into effect on September 18, 2026.

According to the agency, the updated guidance aligns with US congressional intent that noncitizens residing in the United States should maintain self-sufficiency rather than relying on taxpayer-funded government benefits.

USCIS outlined specific categories of applicants subject to the public charge ground of inadmissibility, alongside those explicitly exempted by Congress. Categories subject to public charge review include family-based applicants (spouses, children, parents, siblings, and fiancé(e)s of US citizens or LPRs), employment-based applicants (priority workers, advanced degree holders, skilled/unskilled workers, investors, religious workers, and foreign medical graduates), Diversity Visa immigrants, and international broadcasters. Exempt categories include refugees, asylees, victims of human trafficking and crime (T and U nonimmigrants), VAWA self-petitioners, Special Immigrant Juveniles, TPS applicants, and Afghan and Iraqi interpreters.

Under the Immigration and Nationality Act (INA), USCIS officers are mandated to evaluate five core statutory factors when determining inadmissibility: age; health; family status; assets, resources, and financial status; and education and skills. Officers may also consider Form I-864 (Affidavit of Support) executed by a sponsor.

In assessing benefit usage, USCIS will review cases based on the date of receipt. For benefits received prior to September 18, 2026, USCIS will strictly consider public cash assistance for income maintenance and long-term institutionalization at government expense.

For benefits received on or after September 18, 2026, USCIS will consider any and all means-tested public benefits, including cash assistance, housing subsidies, food stamps (SNAP), and financial aid for college. Adjudications will be made on a case-by-case basis under the totality of the applicant’s circumstances.

In instances where an applicant for adjustment of status is found inadmissible solely on public charge grounds, a USCIS officer may invite the applicant to post a public charge bond. The bond acts as a financial guarantee—via cash or a US Treasury-certified surety company—to assure that the applicant will not depend on public assistance. The bond amount will be determined based on the estimated value of government assistance the individual might qualify for and receive over the next five years. Applicants may only submit a Public Charge Bond (Form I-945) if specifically invited to do so via a formal Notice of Intent to Deny (NOID). Unsolicited bond submissions will not be accepted by the agency.

The updated manual supersedes all previous guidance, including the 1999 Interim Field Guidance. The policy becomes effective on September 18, 2026, and applies to all Form I-485 applications postmarked or electronically submitted on or after that date.

Immigration News

USCIS Temporarily Waiving 60-Day Rule for Civil Surgeon Signatures

Release Date

12/09/2021

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.

This temporary waiver will help applicants who have been affected by the COVID-19 pandemic and related processing delays, which have sometimes caused delays in completing the immigration medical examination. Temporarily allowing applicants to submit their underlying application for an immigration benefit with a completed Form I-693, even if the civil surgeon signed more than 60 days prior, will allow individuals to complete the application process without the need to undergo another immigration medical examination if Form I-693 is otherwise valid.

The temporary waiver will benefit many applicants, including Afghan nationals evacuated under Operation Allies Welcome who have completed immigration medical examinations at government-run facilities but were not able to apply for adjustment of status within 60 days of the completed examination.

For more information, see the policy alert (PDF, 318.16 KB). Visit the Policy Manual for Comment page to comment on this update.

Immigration News

OVID-19 Parent Handbook Addendum- Effective: December 6, 2021

COVID-19 Parent Handbook Addendum- Effective: December 6, 2021
Revised International and Domestic Travel Advisory Guidelines:

Out of precaution at this time the Elementary schools within the Diocese of Brooklyn will require

all Faculty, Staff and Students to follow the CDC Travel guidelines for vaccinated and non-
vaccinated individuals for International Travel

This will apply to ALL International Travel.
International Travel: Fully Vaccinated Individuals
Before you arrive in the United States:

All air passengers coming to the United States, including U.S. citizens and fully vaccinated
people, are required to show a negative COVID-19 test result no more than 1 day before travel
or documentation of recovery from COVID-19 in the past 3 months before they board a flight to
the United States.

After travel:

• Get tested with a viral test 3-5 days after travel.
• Self-monitor for COVID-19 symptoms; isolate and get tested if you develop symptoms.
• Follow all state and local recommendations or requirements

International Travel: Non-Vaccinated Individuals:

Before you arrive in the United States:

All air passengers coming to the United States, including U.S. citizens and fully vaccinated
people, are required to show a negative COVID-19 viral test result no more than 1 day before
travel or documentation of recovery from COVID-19 in the past 3 months before they board a
flight to the United States.

After you travel:

• Get tested with a viral test 3-5 days after travel AND stay home and self-quarantine for a
full 7 days after travel.

• Even if you test negative, stay home and self-quarantine for the full 7 days.
• If your test is positive, isolate yourself to protect others from getting infected.
• If you don’t get tested, stay home and self-quarantine for 10 days after travel.
• Avoid being around people who are at increased risk for severe illness for 14 days,
whether you get tested or not.
• Self-monitor for COVID-19 symptoms; isolate and get tested if you develop symptoms.
• Follow all state and local recommendations or requirements

Domestic Travel:

Quarantine is not required following Domestic Travel. All Domestic travelers should adhere to
the following recommendations:

• Monitor your child for COVID-19 symptoms; isolate and contact your Healthcare provider
if your child develops symptoms.

• Keep your child home if they are sick and experience any COVID-19 symptoms, including
fever, chills, new cough, new loss of taste or smell, and new shortness of breath, even if
the symptoms are mild.

• Mild symptoms such as a runny nose or backache have been mistaken for other illnesses
and have turned out to be COVID-19.

• Call the school to report any illness or positive test results for COVID-19.

Please Note: These guidelines are subject to change as the pandemic continues to evolve and
information is shared by city and state agencies.

Schools within the Diocese of Brooklyn reserve the right to implement COVID safety and health
guidelines above the required city and state requirements.

Immigration News

USCIS Extends Flexibility for Responding to Agency Requests

09/24/2021

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:Requests for Evidence;Continuations to Request Evidence (N-14);Notices of Intent to Deny;Notices of Intent to Revoke;Notices of Intent to Rescind;Notices of Intent to Terminate regional centers; andMotions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:The form was filed up to 60 calendar days from the issuance of a decision we made; andWe made that decision anytime from March 1, 2020, through Jan. 15, 2022Notice/Request/Decision Issuance Date:This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1, 2020, and Jan. 15, 2022, inclusive.Response Due Date:USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. Additionally, we will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before we take any action.

Immigration News

I-693, Report of Medical Examination and Vaccination Record

ALERT: Effective Oct. 1, 2021, applicants subject to the immigration medical examination must complete the COVID-19 vaccine series and provide documentation of vaccination to the civil surgeon in person before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. This guidance applies prospectively to Form I-693 signed by civil surgeons on or after Oct. 1, 2021. Read our web alert for more information: COVID-19 Vaccination Required for Immigration Medical Examinations.

If you are applying for adjustment status to become a lawful permanent resident, use this form to establish that you are not inadmissible to the United States on public health grounds.

A list of those health grounds can be found in section 212(a)(1) of the Immigration and Nationality Act. For more information on the validity of Form I-693, see the USCIS Policy Manual Volume 8, Part B, Chapter 4.

Greencard / Immigration News / RECENT Q&A

As a green card holder, Can I re-enter the US again after 10 years later

Question

As a green card holder, I travelled to my home country for visitation and upon my return to the US, I suffered a stroke which has kept me in my home country for 10 year. How can I re-enter the US again?

Answer

Your question logic is flawed, hence I am assuming this is either a hypothetical case or you are fibbing.

You said upon returning to the US you suffered a stroke. Then your incapacitated time must have been in the US and it should have no effect on your green card. US residents have a right to get sick, seriously sick.

Assuming you had your stroke at home, unless you were in a 10 years long coma and just came out of it, why didn’t you ask someone to contact the local consulate and arrange a returning resident permit for you ? Again unless you were out of conscience for such a long period of time, there is no excuse to not contacting US authorities and inquire about your unusual situation. And if you were really incapacitated for so long, you should have papers from not one but many doctors and and hospitals, showing the details of care you received and why you received such care. Use those when you apply for a returning resident permit.

But, a big BUT, as someone from the other side of the planet myself, I know how the minds of people work. You totally disregarded the requirements and now, the things in the home country is not going good and you want to seek refuge in the US. What could be more convenient than a debilitating ailment ? Especially if you have a doctor friend or family member who can give you a piece of paper stating you had a stroke. But believe me, after that long absence from the US, you will not be let off the hook that easy by a piece of paper from a hospital or a doctor. You will have to prove that you really had no chance in the past 10 years to contact the consulate and inform them what happened to you. Can you do that ? If so, do it. Otherwise, you are back to square one.

Immigration News

Family Based Petition for an Adopted Child

The family-based petition process is one of the three different processes for an individual to immigrate to the United States based on adoption. The Hague and orphan processes apply to children who are adopted by U.S. citizens and meet the specific requirements of those programs.

Eligibility

Lawful permanent residents and U.S. citizens can use the family-based petition process. However, this process is generally not available to children from Hague countries.

Along with meeting other criteria, the adoptive parent petitioner must have evidence of a final adoption before the child’s 16th birthday (or 18th birthday if an exception applies) and satisfy the two-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits.

For more information on eligibility for the family-based petition process, go to our Other Adoption-Related Immigration page.

For information on applying for lawful permanent residence on behalf of a relative, go to our Green Card page.

How to File

You may file online or by paper.

File online

Create a USCIS online account to file online and:

Submit evidence and pay fees electronically;
Receive case status updates about your case and see complete case history;
Communicate with us securely and directly; and
Respond to Requests for Evidence.

If you already have a USCIS online account, sign into your account to get started.

File by Paper

You must:

Read the Form I-130, Petition for Alien Relative;
Complete and sign your Form I-130;
Pay the filing fee, if applicable; and
Provide all required evidence and supporting documentation.

Want status updates about your case? Learn how to create a USCIS online account to stay informed.

After You File

Once we receive your form, you will receive a:

Receipt notice confirming we received your petition;
Biometric services notice, if applicable;
Notice to appear for an interview, if required; and
Notice of our decision.

Forms and Fees

Form I-130
Use our Fee Calculator to help determine your fee.

Family / Immigration News

I-130, Petition for Alien Relative

On Nov. 2, 2020, the U.S. District Court for the Northern District of Illinois vacated the Inadmissibility on Public Charge Grounds final rule (84 Fed. Reg. 41,292 (Aug. 14, 2019), as amended by Inadmissibility on Public Charge Grounds; Correction, 84 Fed. Reg. 52,357 (Oct. 2, 2019)) (Public Charge Final Rule) nationwide. That decision was stayed by the U.S. Court of Appeals for the Seventh Circuit. On March 9, 2021, the Seventh Circuit lifted its stay, and the U.S. District Court for the Northern District of Illinois’ order vacating the Public Charge Final Rule went into effect.

We immediately stopped applying the Public Charge Final Rule to all pending applications and petitions that would have been subject to the rule. USCIS continues to apply the public charge inadmissibility statute, including consideration of the statutory minimum factors in the totality of the circumstances, in accordance with the 1999 Interim Field Guidance, which was in place before the Public Charge Final Rule was implemented on Feb. 24, 2020, to the adjudication of any application for adjustment of status. In addition, USCIS will no longer apply the separate, but related, “public benefits condition” to applications or petitions for extension of nonimmigrant stay and change of nonimmigrant status.

On or after March 9, 2021, applicants and petitioners should not provide information required solely by the Public Charge Final Rule. That means that applicants for adjustment of status should not provide the Form I-944, Declaration of Self-Sufficiency, or any evidence or documentation required on that form with their Form I-485. Applicants and petitioners for extension of nonimmigrant stay and change of nonimmigrant status should not provide information related to the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If an applicant or petitioner has already provided such information, and USCIS adjudicates the application or petition on or after March 9, 2021, we will not consider any information provided that relates solely to the Public Charge Final Rule, including, for example, information provided on the Form I-944, evidence or documentation submitted with Form I-944, and information on the receipt of public benefits on Form I-129 (Part 6), Form I-129CW (Part 6), Form I-539 (Part 5), and Form I-539A (Part 3).

If you received a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) requesting information that is solely required by the Public Charge Final Rule, including but not limited to Form I-944, and your response is due on or after March 9, 2021, you do not need to provide the information solely required by the Public Charge Final Rule. However, you need to respond to the aspects of the RFE or NOID that otherwise pertain to the eligibility for the immigration benefit you are seeking. If USCIS requires additional information or evidence to make a public charge inadmissibility determination under the statute and consistent with the 1999 Interim Field Guidance, we will send you another RFE or NOID. For information about the relevant court decisions, please see the litigation summary.

USCIS published new form editions for affected forms. Starting April 19, 2021, we will only accept the 03/10/21 editions. Until then, you can also use the prior editions specified on each form webpage.

Immigration News

Form I-751 or Form I-829

USCIS Extends Evidence of Status for Conditional Permanent Residents to 24 Months with Pending Form I-751 or Form I-829

Starting Sept. 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. We are making the change from 18 to 24 months to accommodate current processing times for Form I-751 and Form I-829, which have increased over the past year.

Conditional permanent residents who properly file Form I-751 or Form I-829 will receive a receipt notice that can be presented with their Form I-551, Permanent Resident Card (also known as a Green Card), as evidence of continued status for up to 24 months past the expiration date on their Green Card, while their case remains pending with USCIS.

Additionally, we will issue new receipt notices to eligible conditional permanent residents who properly filed their Form I-751 or Form I-829 before Sept. 4 and whose cases are still pending. Those receipt notices will also serve as evidence of continued status for 24 months past the expiration date on their Green Card.

As a reminder, conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the country. For more information on International Travel as a Permanent Resident, see our Green Card page.