Search Results

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.

‍

For many Lawful Permanent Residents (LPRs), traveling internationally is a normal part of life. Whether you are traveling for business, studying abroad, or returning to your home country to care for a sick relative, maintaining your U.S. residency status while overseas is crucial.

If you plan to be outside the United States for an extended period, a standard Green Card may not be enough to guarantee your return. This is where a reentry permit comes in.

What is a Reentry Permit?

A reentry permit is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) using Form I-131, Application for Travel Document.

When a Permanent Resident leaves the U.S. for one year or more, their Green Card can become invalid for reentry. Customs and Border Protection (CBP) officers may assume you have abandoned your permanent resident status if you take up residence in another country or stay away too long. A reentry permit acts as a formal declaration that you did not intend to abandon your U.S. residency. It allows you to apply for admission to the U.S. upon your return without the need to obtain a returning resident visa from a U.S. Embassy or Consulate.

Generally, a reentry permit issued to a lawful permanent resident is valid for two years from the date of issuance and cannot be extended.

Who Benefits From a Reentry Permit?

A reentry permit is highly recommended—and often necessary—for Green Card holders in the following situations:

‍

How SimpleCitizen Can Help

Navigating USCIS forms and requirements can be stressful, especially when you have important travel plans on the horizon.

SimpleCitizen can help Green Card holders file for a reentry permit. Our platform guides you through the process of filing Form I-131, making it easier to gather your supporting documents, properly prepare your application, and understand your biometrics requirements.

By using SimpleCitizen to file for your reentry permit, you can travel with peace of mind, knowing that your U.S. permanent resident status is protected while you are abroad.

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

‍

If you are filling out USCIS forms or filling out a questionnaire on SimpleCitizen, you may be asked to provide your USCIS Online Account Number. Because the USCIS portal doesn't display this number prominently on your main profile, locating it can be tricky.

Follow the simple steps below to locate your number or find out what to do if you can't access it.

Check the "Documents" Tab in Your USCIS Portal

Most users can find their account number embedded inside standard notices saved in their portal.

‍

What If You Still Can’t Find Your Account Number?

Don't worry if you've searched your portal and still cannot locate the number.

If you are unable to find your USCIS Online Account Number, you can answer "NO" when asked if you have an online account (or leave the field blank if completing forms on paper). It is not a requirement to have a USCIS Online Account Number to complete an application.

Sign up with SimpleCitizen today!

GET STARTED

Submitting an application to U.S. Citizenship and Immigration Services (USCIS) requires attention to detail—especially when paying filing fees. A payment error can lead to an immediate rejection, causing unnecessary delays. Not every payment rejection can be avoided—remember, your bank and USCIS can make mistakes too!—but being prepared can reduce your risk. 

‍

Two Primary Payment Methods 

When mailing paper applications, petitions, or requests to a USCIS Lockbox or Service Center, USCIS requires payment authorizations through two primary methods: Electronic Bank Transfer or Credit/Debit Card.

‍

Note on Paper Checks & Money Orders: USCIS has generally stopped accepting checks and money orders. Applicants who face hardship (ex. you do not have access to banking services or electronic payment systems) can request to pay via a check or money order via Form G-1651 (Exemption for Paper Fee Payment).

Common Reasons USCIS Rejects Applications for Payment Failures

USCIS does not attempt a second charge if your payment fails. If processing fails on the first attempt, the entire application package is rejected and returned. The most common culprits include:

‍‍

Proactive Checklist Before Mailing Your Package

‍

Handling a Rejection Due to Payment 

Sometimes rejections due to payment happen.

While some situations might require a more involved approach, resubmission can be fairly straightforward. It typically involves:

1. Wait: When you receive your application back from USCIS, it will look different. It will include a green piece of paper explaining the rejection, and your application may contain scanmarks and/or your medical exam envelope (if applicable) may be opened.
2. Evaluate: Ensure all information in the forms and form editions are up to date. SimpleCitizen users should reach out to their case team for support with this step.
3. Resubmit: Place the green sheet of paper on top of your application and resubmit with a different payment method. Generally, applicants can resubmit the same application that was returned to them even if there are marks or an open medical exam. 

Interested in SimpleCitizen?

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!