U.S. Immigration News

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a major decision, Matter of Milagro Delcarmen-Lara (29 I&N Dec. 830), that fundamentally changes how the U.S. government treats travel on Advance Parole. We understand that sudden shifts in immigration policy can be incredibly stressful and confusing, especially for those who rely on Advance Parole to visit loved ones.

To help you navigate this change, we have broken down what the decision means, the historical context, and who is most likely to be impacted.

The Policy Shift: What Changed on August 13, 2026?

The core issue is how the government defines a "departure."

The Previous Standard (2012–2026)

In 2012, a BIA case called Matter of Arrabally and Yerrabelly established that traveling abroad using an approved Advance Parole document did not count as a "departure" for the purposes of triggering the unlawful presence bars. For over a decade, this allowed individuals who had previously accrued unlawful presence to travel abroad on Advance Parole and return to the U.S. safely without triggering a three- or ten-year ban.

The New Standard (Effective August 13, 2026)

In Matter of Milagro Delcarmen-Lara, the BIA explicitly overruled Arrabally. The BIA has now ruled that traveling on Advance Parole does constitute a "departure" under the law.

This means that if a foreign national has accrued more than 180 days of unlawful presence at any point in their past, leaving the United States on Advance Parole will now trigger the 3- or 10-year bar, potentially blocking their ability to re-enter the country or adjust their status.

Important Note on Timing: The BIA stated that this decision is not retroactive. It applies only prospectively (to departures occurring on or after the date of the decision).

What Are the Unlawful Presence Bars?

To understand the impact of this decision, it is helpful to first understand the three- and ten-year bars outlined in the Immigration and Nationality Act [INA 212(a)(9)(B)(i)].

Under U.S. immigration law, individuals who remain in the United States without legal authorization accrue "unlawful presence." If a foreign national accrues a certain amount of unlawful presence and then departs the United States, they are temporarily barred from returning:

• The 3-Year Bar: Triggered by accruing more than 180 days, but less than one year, of unlawful presence prior to departure.
• The 10-Year Bar: Triggered by accruing one year (365 days) or more of unlawful presence prior to departure.

While waivers for these bars exist, they are only available in limited circumstances and require demonstrating extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative.

Who is Impacted by This Decision?

This ruling represents a massive shift in how Advance Parole functions and will significantly affect foreign nationals who have accrued over 180 days of unlawful presence.

The groups most likely to be impacted include:

• Family-Based Adjustment of Status Applicants: This includes spouses of U.S. citizens who may have overstayed their original admission period by more than 180 days before their adjustment application (Form I-485) was filed.
• DACA Recipients: Individuals holding Deferred Action for Childhood Arrivals who accrued unlawful presence before receiving DACA (often between their 18th birthday and the approval of their DACA status) and who wish to travel on Advance Parole.
• Asylum Seekers: Applicants with pending asylum claims who accrued unlawful presence prior to filing for asylum and who are eligible for or currently hold Advance Parole.
• TPS Beneficiaries: The BIA’s reasoning is highly likely to extend to Temporary Protected Status beneficiaries traveling on I-512T TPS Travel Authorization if they have a history of unlawful presence.

Understanding the Impact

Because of this ruling, holding an approved Advance Parole document does not guarantee safe travel for those with a history of unlawful presence. If you have accrued 180 days or more of unlawful presence, traveling abroad, even with an approved Advance Parole document, carries the severe risk of being barred from returning to the United States for up to a decade.

Before making any travel plans or leaving the country, it is critical that you:

1. Review your immigration history: Do not assume your past presence was lawful. Accrual of unlawful presence can be highly technical.
2. Consult with legal counsel: Speak to a licensed immigration attorney who can audit your timeline, calculate any potential unlawful presence, and advise you on the specific risks of traveling under the new Milagro Delcarmen-Lara standard.

SimpleCitizen, Inc. is not a law firm or a lawyer referral service. The information provided is for general informational purposes only and is not legal advice. For legal advice about your specific situation, please consult a licensed immigration attorney.

‍

If you are currently applying for a green card, visa, or other immigration benefit—or planning to apply soon—you may have seen recent news about changes to how U.S. Citizenship and Immigration Services (USCIS) handles applications.

On August 5, USCIS published a major Policy Alert updating its Policy Manual guidance on "Evidence, Requests for Evidence, and Notices of Intent to Deny."

What Changed? A Quick Summary

In short, the new policy update gives USCIS officers greater authority to make decisions on applications without giving applicants an extra chance to fix missing information.  

Impact 1: Shorter Response Times for RFEs & NOIDs

If USCIS needs more information to make a decision on a case, officers issue an RFE or a NOID. Previously, applicants g to gather and submit missing documents. Under the new guidance, that approach has shifted.  

‍

Impact 2: Denials Without an RFE or NOID

"That sounds pretty scary. Can they do that to every application?"

It is completely natural to feel anxious when reading that officers can deny a case without asking for missing evidence first. However, understanding why USCIS made this change and when it applies helps put things in perspective.

Why did USCIS make this update?

According to USCIS, the goal of this policy update is to even the playing field. The agency wants to prevent "placeholder" or incomplete filings from clogging up the system and slowing down processing times for applicants who gathered all necessary documentation prior to submitting.

This is welcome news for SimpleCitizen users. Our system is designed to collect necessary and thorough documentation during your preparation process, and it's all checked as part of your application's review by a partner attorney.

When can an officer deny without an RFE or NOID?

Officers are empowered to deny a benefit request directly in specific situations, such as:  

The Big Picture: "Discretion" & Evidence Standards

If you've followed recent immigration news, the word discretion might sound familiar. Under this updated policy, officers have broader discretion when evaluating evidence and deciding whether to issue an RFE or issue a direct decision.

Additionally, the guidance emphasizes that the burden of proof remains on the applicant to establish eligibility on the day the application is submitted. It also clarifies how officers weigh different types of evidence—noting that sworn affidavits are generally treated as secondary or tertiary support and carry less weight than primary official records (like birth certificates or government documents).

What This Means for Applicants

The good news: This update does not change the underlying legal eligibility requirements for green cards, visas, or work authorization.

However, it does make submitting a complete, thoroughly documented application more important than ever.

Checklist for a Strong Application

When preparing and submitting your application, remember to:

Are you using SimpleCitizen? It never hurts to triple-check things, but remember that you receive a ready-to-file application at the end of your experience.

We’re Happy You’re Here!

Navigating immigration policy updates can feel like a moving target, but you don't have to do it alone. By staying informed and preparing a thorough filing from Day 1, you can put your best foot forward.

Leave the checklist to us.

GET STARTED

‍

The U.S. immigration landscape in 2026 is marked by high uncertainty, rapid shifts, and an increase in lower-level rulemaking like agency memos and presidential proclamations. In an informational session hosted by SimpleCitizen, guest speaker Emily Allen—a global immigration law partner and former USCIS adjudicator—shared critical insights and actionable advice for applicants navigating this challenging environment.  

The Rise of Officer Discretion and the AOS Memo

A major development impacting family-based immigration is a recently released Adjustment of Status (AOS) policy memo. While the memo reads harshly, it functions as a reminder to USCIS officers to actively weigh positive and negative discretionary factors when deciding whether to grant green cards within the U.S.. This policy applies to all active cases, even those filed before its release. Allen noted that certain applicant groups face heightened scrutiny under this policy:  

• Criminal or Conduct Records: Even minor infractions or a pattern of poor conduct can negatively influence an officer's exercise of discretion.  
• Non-Dual Intent Categories: Applicants adjusting status from non-dual intent visas—such as student visas (F, J), TN, E-3, visitor visas, or ESTA—may face negative discretionary inferences.  
• Unlawful Presence: Periods of failing to maintain lawful status can trigger a negative exercise of discretion.  

Broad Expansion of Biometrics

USCIS has expanded the use of biometrics beyond traditional green card and citizenship tracks. Allen highlighted two significant changes:  

• Nonimmigrant Visa Extensions: Applicants extending statuses like the H-1B, H-4, F-2, or J-1 may be required to give fingerprints if background indicators flag potential past issues.  
• Employment Authorization Documents (EADs): Passport photos are no longer sufficient for work permits. Applicants must now attend an Application Support Center for a photo-only biometrics appointment to strictly verify their identity.  

Growing Delays and Operational Shuffles

Allen cautioned that overall processing times are expected to grow rather than shrink. This slowdown stems from more rigorous vetting of data points, including social media, school records, and family ties.  

Additionally, USCIS is undergoing an operational shift, unwinding its previous "hub model" to transition back to a traditional service center model. This constant shuffling of case files across the country creates significant backlogs, with PERM applications being the lone exception showing faster timelines.  

Practical Advice for Applicants

To protect themselves in this strict enforcement climate, Allen provided several concrete recommendations:  

• Carry Physical Documents: Foreign nationals should carry printed, physical proof of their lawful presence rather than relying solely on digital documents or smartphones.  
• Prioritize Urgency: Waiting to legalize or adjust status increases vulnerability to enforcement actions; eligible individuals should  
• Avoid Anecdotal and AI Answers: Crowdsourced advice can be dangerous because minor situational details completely alter legal outcomes. Similarly, AI tools are helpful for generating general questions but should not be relied upon for final legal answers.  
• Seek Legal Counsel: Applicants with any form of criminal record, arrest history, or complex status gaps should prioritize consulting an immigration attorney before filing paperwork.  

For conditional green card holders (I-751) facing years of delays, Allen shared a final strategic tip: if you remain married to and reside with your U.S. citizen spouse, you can apply for naturalization (N-400) at the three-year mark. USCIS will frequently pair these two applications together and adjudicate them under the faster citizenship timeline.  

‍

If you're feeling unsure about beginning your immigration application or overwhelmed by the news surrounding immigration, you're not alone! Emily Allen, a partner attorney from a leading law firm for global immigration services, joined us for this webinar in July 2026 to walk through the current immigration climate. Leveraging decades of experience, Emily covered actionable information for immigrants and loved ones navigating their immigration journey in 2026.

How to Prepare Your Case Right Now, Even While We Wait for More Details

We want to be upfront with you: we are still waiting on official guidance from USCIS about exactly how this new memo will be put into practice. We don't have all the answers yet, and we won't pretend otherwise.

But here's what we do know, and it's actually good news: 

In light of the USCIS memo on AOS applications, there are concrete things you can do right now to help put your best foot forward, whether you're preparing for an upcoming interview or getting ahead of a potential Request for Evidence (RFE).

We’ve prepared this guide, based on the USCIS Policy Manual. It’s what USCIS uses to guide their processes and make their decisions. As stated on their site, “the USCIS Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies”. 

Specifically, we followed the details and framework outlined in Volume 7 - Adjustment of Status, Part A - Adjustment of Status Policies and Procedures, Chapter 10 - Legal Analysis and Use of Discretion. If you’d like further reading, please feel free to review it yourself here. 

We have done our best to walk you through how this policy might be implemented when it comes to your Adjustment of Status application and interview.

SimpleCitizen, Inc. is not a law firm or lawyer referral service. The services and information provided are not legal advice and do not substitute the same level of advice, opinion, guidance or recommendation that a licensed immigration attorney can provide. SimpleCitizen is not affiliated with USCIS. 

First, Let's Explain "Discretion" in Plain English

When USCIS says an approval is "discretionary," it means the officer reviewing your case has the authority to make a judgment call. They aren't just checking a list of boxes. They're looking at the full picture of who you are and what your life looks like here in the United States.

Think of it like this: the officer is using a weighing scale. On one side are the things that support your case: your family, your job, your years living here, your record. On the other side are things that may raise concerns. The officer's job is to look at both sides and ask:

"Is approving this application in the best interest of the United States?"

The key thing to understand: you have real power to influence that scale. 

The stronger and more clearly documented your positive factors are, the better your chances of a favorable outcome.

What Are "Positive Factors"?

These are the parts of your life and history that work in your favor. USCIS officers are required to consider them. Here are some of the most important ones, with examples of what they actually look like:

• History of following the law, including immigration law: Have you always maintained a valid immigration status? Entered legally? Followed the terms of your visa? This is one of the most important factors an officer weighs. If your record is clean, that's a positive.
  
  
• Close family ties to U.S. citizens or permanent residents: A U.S. citizen spouse, children born here, or permanent resident family members are significant. The officer is required to consider the hardship that a denial would cause your family, especially children. The closer and more meaningful the relationship, the more weight it carries.
  
  
• Hardship if your application is denied: What would it actually mean for your life, and for your family's life, if you had to leave? Think about your children's schooling, your spouse's employment, medical needs, and financial obligations. Hardship is a real factor, and it deserves a real explanation.
  
  
• Length of lawful residence in the United States: The longer you've lived here lawfully, especially if you came as a child or young adult, the more it speaks to how deeply rooted you are in this country. Strong community ties built over many years matter.
  
  
• Stable authorized employment history: Consistent work, a reliable income, and a history of steady employment all reflect well on your application. Officers consider the type of work you do, how long you've held jobs, and whether your employment history is stable.
  
  
• History of paying taxes: Filing your taxes every year and meeting your tax obligations is a clear, documentable sign that you're contributing to and investing in life in the U.S.
  
  
• Education, training, and skills gained in the US: Degrees, certificates, and vocational training (especially those earned here) demonstrate your commitment to building a future in this country.
  
  
• Value and service to your community: Volunteer work, religious or civic involvement, owning a home or business, or coaching a youth sports team all help paint a picture of someone who is genuinely part of their community, not just living in it.
  
  
• Good character: Honesty, integrity, the way you've conducted yourself throughout your life here. Officers look at the full picture of who you are as a person. Sometimes, affidavits or letters of support from friends and family can help strengthen this. 

What Are "Adverse Factors"?

These are things that may raise concerns for an officer. We're sharing these not to alarm you, but because being honest with yourself and your case team is the most important thing you can do right now.

• Violations of immigration law or the terms of your status: Any period of unlawful presence, overstaying a visa, or violating the terms of your immigration status (like working without authorization) can be weighed against you.
  
  
• Conduct inconsistent with your visa type: Actions or behavior that suggest you may have misrepresented your intentions when you entered the United States. USCIS may look at whether your activities matched the purpose of the visa you used to enter the country. For example, if you came on a tourist visa but immediately began working or set up a business, that could be seen as inconsistent with the purpose of your original entry.
  
  
• Overstaying your authorized period of stay: Remaining in the U.S. beyond the date on your I-94 is one of the most common adverse factors. The length of the overstay and the reason for it both matter.
  
  
• Any criminal history: Any arrests, charges, or convictions (even minor ones) may be considered. The nature of the offense, how long ago it happened, and any evidence of rehabilitation are all relevant.
  
  
• False statements to U.S. government authorities: Any misrepresentation, whether on a visa application, at a port of entry, or in dealings with USCIS, is taken very seriously.
  
  
• Inconsistencies with past statements to immigration officials: If what you're saying now doesn't line up with what you said when you entered the country or applied for your visa, that can raise red flags.
  
  
• Country-specific vetting concerns: USCIS may consider conditions or limitations related to an applicant’s country of nationality or residence when reviewing an immigration case. In some situations, concerns may arise if the U.S. government has limited access to reliable records, identity verification systems, or security and background screening information from a particular country. These reviews are generally tied to broader vetting and screening procedures and do not automatically mean an application will be denied.
  
  
• National security or public safety concerns: USCIS conducts security and background checks to help ensure that individuals seeking immigration benefits do not pose a threat to national security, public safety, or the well-being of the United States. This review may include evaluating criminal history, security screenings, immigration records, affiliations, or other factors that could raise concerns during the application process. This is a standard part of nearly every USCIS review and applies to all applicants.
  
  

If any of these apply to your situation, please do not panic; instead, talk to an immigration attorney as soon as possible. Many of these factors can be addressed, contextualized, or offset by strong positive factors. An attorney can help you understand your specific situation and how to strengthen your application to give you the best chance at success possible

What You Should Do Right Now: Start A File

Here's the most concrete thing you can do today, before we even know the full details of how USCIS will implement this policy:

Start building your personal "discretion file."

This is a list of the positive factors that apply to your life, written in your own words, with supporting documents attached. Think of it like preparing the best possible argument for why you deserve to be here. Because you do.

Here's how to start:

1. Open a document and start listing your positive factors. For each one, write a bullet point and then 1–3 sentences explaining the relevant details of your situation.
   Example:
   
   • Family ties: My U.S. citizen wife and I have been married for six years and have two children, ages 3 and 5, who were born here. Returning to my home country would mean uprooting our entire family and separating our children from the only home they've ever known.

2. Be honest about any adverse factors. If something applies to your situation, write it down and note any context or mitigating circumstances. Knowing what's in your file before an officer does is always better.
   
   
3. Start gathering documents that support your positive factors. For each bullet point, ask yourself: what evidence do I have to back this up? Upload them into a folder that you can easily access or share with an immigration attorney if needed.

Examples of helpful documents:

• Tax returns (last 2–3 years, or covering your entire time in the US)
• Pay stubs and employment records for authorized employment
• Marriage certificate, birth certificates for children
• Lease agreements, mortgage documents, or utility bills showing your address history
• Letters from employers, community organizations, religious leaders, or neighbors
• Degrees, certificates, and vocational training
• School enrollment records for yourself or your children (if any)
• Evidence of volunteer work or community involvement
• Medical records or documentation of any hardship factors

A Note on What Comes Next

We want to be clear: while we await official guidance from USCIS, we don't yet know exactly how USCIS officers will apply this policy in practice. What we've shared here is based on the official USCIS Policy Manual and the guidance that has always governed the exercise of discretion in Adjustment of Status cases. The new memo brings this framework into sharper focus. It doesn't replace it.

More detailed guidance from USCIS is expected in the coming weeks. As soon as we have it, we'll share it here and reach out to customers whose cases may be most directly affected.

In the meantime, starting your list costs you nothing and could make a real difference. We're here to help you every step of the way.

And, as always, we're happy you're here.

‍

May 29, 2026 -- Update

We've created a guide designed to help walk you through how you can strengthen your application to prepare for USCIS's renewed emphasis on discretion when evaluating green card applications. Click the link to learn more! 

May 27, 2026 — Update

First things first: take a breath. We know this announcement felt alarming, and honestly, the way USCIS worded it was jarring, even to people who work in immigration every day. This caught nearly everyone off guard, including many USCIS officers themselves.

Our strongest advice right now: step away from social media and Reddit. There is an enormous amount of speculation circulating, and almost none of it is based on confirmed information from official sources. We'll continue to keep this page updated with what's actually known.

AOS Is Not Ending

One thing that the USCIS memo does make clear: Adjustment of Status is still available. USCIS is still accepting applications, field offices are still conducting interviews, and cases are still being approved. Your work and travel authorization (EAD/AP) remain available while your application is pending. None of that has changed.

What the memo does is remind officers that they've always had the authority to use their judgment and discretion when deciding whether to approve a case. This is a responsibility that USCIS officers have held since the beginning of the AOS process. In other words, this is not a new rule. It's an old rule getting new attention.

What We're Hearing From Customers at Interviews

We've already spoken with customers who have had USCIS interviews since the memo was released. Although it’s still new and we’ve only got a small handful of stories from our customers who have been through the interview process since the update, we want to share that information with the obvious caveat that these are only anecdotal stories, NOT official policy rules. Your experience may be different.

Here’s what our customers have told us about their experience at their USCIS interviews:

The officers conducting interviews seem just as uncertain and confused about this process as everyone else. This guidance is new to them too, and they're figuring out how to apply it in real time.

We’ve heard that officers have asked applicants to answer a short set of written questions. These questions have included:

• Why did you apply for Adjustment of Status in the U.S. instead of Consular Processing?
• Are there any factors that prevented you from pursuing Consular Processing?
• Why didn't you return to your home country after your visa expired?

While it’s still unconfirmed publicly from USCIS, these questions might be designed to help the officer understand your individual situation and the reasons you built your life here. If you have an upcoming interview, it's worth thinking through your own honest answers. If USCIS confirms that these questions are officially part of the interview process, we will update our systems and guidance to help you best prepare to answer. 

What Officers Are Actually Looking At & How You Can Help Your Case

According to the USCIS Policy Manual (Volume 7, Part A, Chapter 10), when an officer decides whether to approve an AOS application, they are required to weigh your positive factors against any negative ones. They are looking at the full picture of your life in the United States.

The good news: there is a lot you can do to put your best foot forward.

Factors that work in your favor include:

• Family ties. Having a U.S. citizen or permanent resident spouse, children, or other close family members in the U.S. and the depth of those relationships matters. The disruption that a denial or starting a consular process would cause to your family, especially children, is something officers are required to consider.
• Time in the U.S. The length of your lawful residence here is a meaningful positive factor.
• Steady employment. A stable work history demonstrates that you are a contributing member of your community. Things that help support this point are consistent employment, a reliable income, paying your taxes, etc. 
• Education and skills. Degrees, certifications, and specialized training obtained in the U.S. are counted in your favor.
• Community ties. Owning a home, running a business, volunteering, or being actively involved in your community all reflect positively on your application.
• Clean record. No criminal history, no fraud, and a track record of following the rules, including immigration rules, is one of the most important things an officer looks at.
• Compliance with immigration laws. How you've respected the terms of your visa and immigration status throughout your time in the U.S. is directly relevant.

Factors that work against applicants include, but are not limited to:

Immigration violations, unauthorized employment, criminal history, fraud or misrepresentation in any government dealings, unpaid taxes, or failure to follow court orders. If any of these apply to your situation, it's especially important to speak with an immigration attorney.

The officer's job is to weigh all of these factors together and ask: is approving this application in the best interest of the United States? The stronger your positive record, the stronger your case.

What Comes Next

This was an unexpected announcement, and the specific details of how USCIS plans to implement it are still being worked out. Additional guidance is expected within the next one to two weeks. As soon as there is more to share, we will post it here.

In the meantime, our team is actively reviewing SimpleCitizen cases and working closely with our 3rd party attorney network. If your situation involves complexity, an immigration violation, a gap in status, a criminal record, or other concerns, we strongly encourage you to connect with an immigration attorney. Your case team can help point you in the right direction.

Previous Updates

• May 26, 2026 1:43pm MT: Our team and partner attorneys are actively reviewing SimpleCitizen cases that may be impacted. We are prioritizing outreach based on specific case needs, so please keep an eye on your inbox. Your case team will be in touch over the next 2–3 days with next steps.‍
• May 22, 2026 6:26pm MT: For now, the best thing you can do is keep working on your application as planned, unless an immigration lawyer tells you otherwise. Refresh this page to see the latest news.

The U.S. Citizenship and Immigration Services (USCIS) recently sent out a reminder memo to its officers. The memo says that approving an "Adjustment of Status" (which is the official name for getting a green card while living in the U.S.) is up to the officer's judgment. Officers were told to look at each case one by one to decide if the applicant is a "good fit" for permanent residence.

Because of this memo, and the social media posts USCIS shared about it, a lot of people in immigrant communities are understandably worried.

What Does This Actually Mean?

The memo points out that this process is "discretionary." That is just a legal word meaning USCIS officers have always had the power to make the final call. They can technically deny an application even if the person meets all the basic requirements. This has actually always been the rule. This isn't the first time USCIS has brought up an old rule to remind its staff how to do things. For example, late last summer, they did something very similar by reminding officers to strictly check the "Good Moral Character" requirement for people applying for citizenship.

While this memo has left people with many questions, please note that we probably won't get more details from USCIS right away. When they updated the Good Moral Character rule last year, it took several weeks before we actually saw how it changed things for applicants.

What You Should Do Next

• Keep Going: Right now, the best move is to keep preparing your application exactly as you planned.
• Seek Guidance: If you have a unique situation or are worried about your specific case, check in with an immigration lawyer.
• We’ve Got Your Back: We are working closely with our partner attorney network and the members of the legal community to figure out the best ways to help applicants at every stage of the process. We will update this page as soon as we know more!

Please rest assured that SimpleCitizen is here to help however we can.

And, as always, We're Happy You're Here! ‍

There has been a meaningful development in a proposed immigration rule that could affect how international students, exchange visitors, and foreign media representatives maintain their status in the United States.

While nothing has changed yet, this update signals that things are moving closer to finalization and that a decision may be coming soon.

Let’s walk through what’s happening, what could change, and how to think about it moving forward.

This content is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed immigration attorney.

Where Things Stand Now

The U.S. Department of Homeland Security (DHS) has taken the next formal step in the rulemaking process by sending its proposal to the Office of Information and Regulatory Affairs (OIRA).

This stage matters because OIRA acts as a final checkpoint before a rule is officially published.

At this point, DHS has already:

• Collected and reviewed public feedback
• Refined the proposal internally
• Submitted it for regulatory review

This doesn’t mean the rule is final—but it does mean it’s getting closer.

A Quick Look at “Duration of Status”

If you’re in the U.S. on an F, J, or I visa, your stay is typically governed by a term called “duration of status,” often abbreviated D/S.

In plain terms, that means:

• You can remain in the U.S. as long as you continue to meet the requirements of your visa category
• Your stay isn’t tied to a fixed end date on your entry record

This approach has made it easier for students and exchange visitors to complete programs that may shift or extend over time.

What the Proposed Rule Would Do

The proposal under review would replace this flexible system with a more structured timeline.

Instead of remaining eligible for as long as you remain eligible, individuals would be admitted for a set period of time. After that, staying longer would require a formal request.

Here are some of the key ideas that could be included in the final rule:

A shift to fixed timelines

Most students and exchange visitors could be admitted for a defined number of years, rather than an open-ended period tied to their program.

Extensions would require approval

To remain in the U.S. beyond the initial period, individuals would likely need to apply with U.S. Citizenship and Immigration Services and show that they still qualify.

Academic flexibility could narrow

Changing programs may become more limited, especially if the new program is not at a higher academic level.

Less time after finishing a program

The window to prepare for departure after completing a program could be shortened.

Tighter consequences for falling out of status

Unlawful presence could begin accumulating more quickly in certain situations, particularly after a denial.

Each of these changes would add more structure—but also more responsibility—to maintaining lawful status.

What Happens Next?

Now that the proposal is under review, the timeline becomes less predictable.

OIRA reviews can move quickly or take some time, depending on the complexity of the rule.

If approved, once that review is complete:

• The final version will be published publicly
• The full details will become available
• An effective date will be announced, often within a couple of months of publication

Until then, the exact contents of the final rule remain unknown.

What You Should Do Right Now

It’s completely normal to feel uncertain when you hear about potential changes like this, especially when so many of the details are still unknown. 

The good news is that this change is still in review and your current status is not yet affected if you’re currently in the U.S. on an F, J, or I visa:

• Your existing rules still apply
• You do not need to take immediate action
• Duration of status is still in place, for now

That said, this is a helpful moment to stay proactive. Keeping your records organized and understanding your long-term plans can make future transitions smoother.

Why This Update Matters

Even though the rule is not final yet, it represents a broader shift in how status could be managed moving forward.

A move toward fixed timelines would likely mean:

• More frequent filings and interactions with USCIS
• Additional costs and processing steps
• Less flexibility if your plans change unexpectedly
• Better planning and record keeping required

For many people, the path forward will still be very manageable—but it may require more planning than before.

We’ll Keep Following This

Immigration updates like this can feel like moving targets, especially when details are still being finalized.

Our goal is to make these changes easier to understand—without the stress or confusion that often comes with legal updates.

As soon as more information is available, we’ll break it down clearly so you know exactly what it means for you.

We’re happy you’re here! 

What This Means for Your Case

If you’ve been waiting for an update from U.S. Citizenship and Immigration Services (USCIS), you may be hearing about a new change that could impact processing times.

Here’s the most important thing to know right away:
This is a confirmed update—not a proposal—and it may cause short-term delays for some pending applications.

The good news? You likely don’t need to do anything.

Now let’s walk through what’s happening in simple terms.

This content is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed immigration attorney.

A Quick Summary of the Update

On April 27, 2026, USCIS began using a new, enhanced security vetting process for certain immigration applications.

This update means:

• USCIS is expanding how it reviews applicants’ background checks
• Many pending cases will have fingerprints reprocessed through a newer system
• Some applications may experience temporary delays

USCIS has stated publicly that any delays “should be brief and resolved shortly,” but exact timelines are not yet known.

What Is Changing?

To understand the update, it helps to know how background checks normally work.

When you apply for many immigration benefits, USCIS collects your fingerprints and sends them to the Federal Bureau of Investigation (FBI) to check for criminal history.

Now, USCIS is:

• Re-running fingerprint checks through an enhanced FBI system
• Expanding access to additional federal criminal databases
• Requiring updated checks before approving certain pending cases

Internal guidance instructs officers not to approve cases until these new checks are completed.

Who Is Affected?

This change applies to applications that require fingerprint-based background checks, including:

• Green card applications (Adjustment of Status)
• Naturalization (citizenship) applications
• Asylum-related cases handled by USCIS offices

If your case is currently pending and your background check was submitted before April 27, 2026, there’s a strong chance it will be reprocessed.

There is one important exception:

• Approved naturalization cases that already have scheduled oath ceremonies are not expected to be impacted

Do You Need to Do Anything?

This is one of the most important takeaways:

No action is required from you.

USCIS officers will:

• Resubmit fingerprints automatically
• Handle the updated checks internally

You do not need to:

• Schedule a new biometrics appointment
• Contact USCIS
• Submit additional documents (unless specifically requested)

Will This Delay Your Case?

Possibly—but likely not dramatically.

USCIS has shared that:

• Delays may happen while checks are reprocessed
• These delays are expected to be temporary

That said, we don’t yet have exact timelines. Some applicants may see little to no impact, while others could notice a pause before a decision is issued.

If your case has felt “stuck” recently, this update may help explain why.

Why Is This Happening?

According to USCIS, the goal is to:

• Strengthen screening and vetting processes
• Expand access to federal criminal history data
• Improve overall security review standards

This change follows a broader policy direction to increase background screening across immigration systems.

How to Stay on Track

Even with changes like this, there are still a few simple ways to stay in control:

• Keep your contact information updated with USCIS
• Watch for any official notices (just in case)
• Continue preparing for your next step (interview, documents, etc.)

And if you’re working on your application now, this is a great reminder of how important it is to submit a complete and well-prepared case from the start.

Need Help Navigating Your Case?

Whether you’re just getting started or waiting on a decision, having the right support can make a big difference—especially when unexpected updates happen.

With SimpleCitizen, you can:

• Prepare your application with step-by-step guidance
• Get your case reviewed by a licensed immigration attorney
• Stay organized and confident throughout the process

Our platform is designed to make immigration feel more manageable—without the high cost of traditional legal services.

You can get started or learn more here: https://simplecitizen.com/pricing/

SimpleCitizen is not a law firm. We provide access to attorney support through our network of independent immigration attorneys,

Final Thoughts

Updates like this can feel a little disruptive—especially when you’re already waiting.

But here’s what matters most:

This is a system-wide update designed to enhance security, not a change to your eligibility or outcome.

There may be a short delay, but your case is still moving forward.

We’ll continue to monitor this closely and share updates as more details become available—so you can stay informed without feeling overwhelmed.

We’re happy you’re here!

‍

For millions of people, taking the Oath of Allegiance and becoming a naturalized U.S. citizen is the culmination of years of hard work, patience, and hope. Recent headlines regarding the Department of Justice’s focus on denaturalization can understandably cause anxiety. However, it is important to understand why these actions happen and what it means for you.‍

What is Denaturalization?

Denaturalization is a legal process used only in specific, rare circumstances. It is not a tool meant to be used against law-abiding citizens; rather, it is a mechanism to address cases where citizenship was obtained through willful misrepresentation or fraud. We are, however, seeing this tool used more frequently now than in the past.‍
‍

The Core Principle: The U.S. immigration system relies on the "honor system" backed by rigorous verification. When someone intentionally provides false information to bypass legal requirements, it undermines the integrity of the system for everyone else.

Why Honesty is Critical

The most effective way to protect your future in the United States is simple: complete truthfulness. Wherever you are in your immigration journey, keep these points in mind:

• Disclose Your History: This includes previous legal encounters, travel history, and past associations. In many cases, a past mistake is not an automatic bar to citizenship, but hiding that mistake can be.
• Consistency is Key: Ensure that the information on your naturalization application matches the records you provided during your initial visa or Green Card process.
• Seek Professional Advice: If you are unsure how to answer a question or have a complex legal history, seek support. For many, this would mean consulting with a licensed immigration attorney. Correcting an error early is far better than addressing a discrepancy later.

A Message of Reassurance

If you have been truthful throughout your journey—from your first entry to your naturalization interview—you have followed the path that millions of others have successfully walked. It is normal to be concerned by the news coverage, but try to remember: the recent focus on denaturalization is directed at individuals who committed fraud. By approaching the process with honesty and integrity, you are not just following the law; you are upholding the very values that make citizenship so meaningful. 

This content is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed immigration attorney.

‍

The U.S. government is considering a change that could reshape how international students and exchange visitors stay in the country.

At a high level, the proposal would:

• Replace the current flexible “duration of status” (D/S) system
• Introduce a fixed end date for your stay in the U.S.
• Require formal applications to extend your stay if you need more time
• Shorten certain grace periods and limit some academic flexibility

In other words, instead of staying in the U.S. for as long as your program continues, you would be given a specific timeline—and would need to take action to extend it.

Before we go further, here’s the most important thing to keep in mind:

This is only a proposed rule.

Nothing has been finalized yet. We do not know exactly if, when, or how these changes will be implemented. The government is still reviewing feedback, and the final version (if issued) could look different.

We understand that even hearing about a possible change like this can feel stressful—especially when it affects something as important as your education and future plans. The good news is that you are early. You have time to understand what’s being proposed, and we’ll continue to keep a close eye on things and share updates as more details become available.

This content is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed immigration attorney.

Let’s Start With the Basics: What Is “Duration of Status”?

Right now, many international students and exchange visitors benefit from something called “duration of status” (often shortened to D/S). This system is actually more flexible than it might sound at first.

When you enter the U.S. on an F-1 or J-1 visa today:

• You are not given a strict “end date” on your stay
• Instead, you are allowed to remain in the U.S. for as long as you are actively participating in your program
• Your school or program sponsor helps manage extensions internally if your timeline changes

In real life, this means you can focus on school, research, or training without constantly worrying about a countdown clock on your stay. It also means that transferring or extending academic programs can be done with greater ease. For many students, this flexibility has been a quiet but important benefit of studying in the U.S.

What Is the Government Proposing to Change?

The proposed rule from the Department of Homeland Security (DHS) would replace this flexible system with something more structured. This proposed rule was published in the Federal Register on August 18, 2025. 

Instead of being admitted for “duration of status,” students and exchange visitors would be admitted for a fixed period of time with a clear expiration date.

At a high level, this shifts the experience from:

• “Stay as long as your program continues.”

to:

• “Stay until this specific date—then take action if you need more time.”

Let’s walk through what those changes could look like in practice.

A Fixed End Date on Your Stay

Under the proposal, your I-94 (the official record of your admission to the U.S.) would include a specific end date.

This date would typically be:

• The expected end of your academic or exchange program, or
• A maximum of four years, whichever comes first

This is different from today’s open-ended system.

At first glance, having a clear date might feel more predictable. However, if your plans change—or your program takes longer than expected—you would now need to take formal steps to maintain your status and stay in the country.

Extensions Would Become a Formal Process

One of the biggest shifts in this proposal is how extensions would work.

Right now, if you need more time:

• Your school official (like a DSO) can often update your program dates internally
• You typically do not need to file a separate application with the government

Under the proposed rule, that would change.

Instead, you would potentially need to:

• File an official Extension of Stay application with USCIS
• Pay a government filing fee
• Wait for approval before your current stay expires

This introduces a new layer of planning—and a bit more pressure to stay ahead of deadlines.

For longer programs, internships, or additional training (like OPT), students may need to file multiple extensions over time, not just one.

Shorter Grace Periods (Less Time to Transition)

Another change that may seem small—but could feel big in real life—is the grace period.

Currently, F-1 students typically have 60 days after finishing their program to:

• Prepare to leave the U.S.
• Transfer to another school
• Apply for a different visa or benefit

Under the proposal, this would be reduced to 30 days.

That’s half the time to make some pretty important decisions.

If you’ve ever gone through the end of a program, you know that those final weeks can already feel busy and emotional. A shorter grace period would make planning ahead even more important.

Changes to Academic Flexibility

The proposal also introduces new rules around how students can move through their academic journey.

These changes are meant to create more structure, but they may also limit flexibility.

For example:

• Undergraduate students may not be able to change majors or transfer schools during their first year
• Graduate students may not be allowed to change programs at all
• Students may not be able to pursue another degree at the same or lower education level

For students who are still exploring their path—or who discover new opportunities along the way—this could make decisions feel more “locked in” from the beginning.

Staying in Status Becomes More Time-Sensitive

Under the current system, there is greater flexibility in how status is maintained.

Under the proposed system:

• Your lawful stay would be tied directly to your I-94 expiration date
• If that date passes and you haven’t filed an extension, you could begin accruing unlawful presence even if you technically have not finished your academic program. 

In simpler terms, timelines would matter more than ever.

This doesn’t mean the system becomes impossible—it just means it becomes more structured and deadline-driven.

Why Is This Change Being Proposed?

DHS has stated that the goal of these changes is to:

• Improve oversight of student and exchange visitor programs
• Strengthen program integrity
• Better track who is in the U.S. and for how long

At the same time, many schools and organizations have raised concerns that these changes could:

• Increase administrative workload
• Add complexity for students
• Impact enrollment and long-term planning

Like many policy changes, there are different perspectives—and that’s part of why the proposal is still under review.

What Happens Next?

Right now, this rule is still under review.

Here’s what that means in plain terms:

• The proposal has already been published and reviewed publicly
• Government agencies are considering feedback
• A final version may or may not be issued

If a final rule is published, it would likely take effect about 60 days later.

Until then, nothing has changed for current students.

What This Means for You (Right Now)

At this stage, the most important takeaway is this:

You don’t need to take action yet—but it’s smart to stay informed.

If this rule does move forward, the experience of being an international student in the U.S. would likely shift toward:

• More structured timelines
• More government filings
• More proactive planning

And while that may sound intimidating, it’s also something that can be navigated with the right tools and support.

How SimpleCitizen Plans to Help

If this proposal becomes a final rule, SimpleCitizen is preparing to support students and other exchange visitors through these changes.

We’re actively working on solutions designed to help you:

• Understand your deadlines clearly (without confusion)
• Prepare and file extension applications step by step
• Stay organized so nothing slips through the cracks
• Get guidance when you’re unsure what to do next

Our goal is simple: take something that feels complicated and make it feel manageable.

‍

Final Thoughts

Any time there’s a potential policy change, it’s completely natural to feel a little uncertain—especially when it touches something as important as your ability to study, work, and plan your future.

But here’s the bigger picture: this is still a proposal. Nothing has changed yet, and you have time to understand what’s being discussed and what it could mean for you.

As things evolve, we’ll continue to monitor updates closely and break them down in a way that’s clear, practical, and easy to follow—so you can stay informed without feeling overwhelmed.

And if these changes do move forward, you won’t be navigating them on your own. There will be clear steps to take, and support available to help you move forward with confidence.

We’re glad you’re here!

‍