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The U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual regarding how filing deadlines are calculated, effectively reversing a 2023 policy and establishing strict boundaries for deadlines tied to an applicant's birthday. Effective October 23, 2026, applicants and practitioners must carefully distinguish between deadlines defined by a set number of "days" versus those determined by substantive eligibility milestones.  

The "Next Business Day" Rule for Day-Based Deadlines

When a filing deadline is defined by a specific countdown of days (such as a 30-day window to file an appeal) and the final day falls on a Saturday, Sunday, or federal holiday, USCIS will continue to consider the filing timely if it is received by the end of the next business day. This standard regulatory definition ensures applicants are not penalized when government offices are closed.  

Reversal of the 2023 Age-Out Policy

The most critical change concerns deadlines tied to a person’s age. In 2023, USCIS briefly allowed the "next business day" grace period to apply to birthdays. Under that temporary guidance, if an applicant had to file before their 21st birthday, and that birthday landed on a Sunday, a Monday filing was accepted.  

Under the new 2026 policy, this grace period is eliminated for age-based deadlines. USCIS clarified that the regulatory definition of a "day" applies strictly to deadlines computed in a period of days. It does not apply to substantive eligibility requirements. If an applicant must file before their 21st birthday, and that birthday falls on a weekend or holiday, the application must be received before that weekend or holiday.  

Implementation and Legal Context

This return to the agency's longstanding historical rule aligns USCIS with recent 2025 Supreme Court case law (Monsalvo Velasquez v. Bondi). The policy applies to all paper-based filings received on or after October 23, 2026. Because USCIS recognizes that applicants may have been planning submissions based on the 2023 guidance, they provided a 30-day advance notice window to mitigate the impact on current applicants.  

Action Items for Applicants

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When you apply for a green card, you must pass the "public charge" test. This means proving you can support yourself without government help. But what happens if immigration officers think you might need help in the future? Sometimes, they will offer you the chance to pay a "public charge bond."

Here is what you need to know about these bonds, where they come from, and why they are suddenly important in 2026.

What is a Public Charge Bond?

Think of a public charge bond like a large security deposit. You pay a set amount of money to the U.S. government. By paying this money, you are making a promise: you promise that you will not rely on certain government benefits, like food stamps (SNAP) or Medicaid.

The History of the Bond

Public charge bonds might sound brand new, but they are actually a very old idea. They have been written into U.S. immigration law for over 100 years.

However, for most of modern history, the government almost never used them. For decades, if an applicant did not pass the public charge test, their green card application was simply denied. The bond option was always there on paper, but immigration officers rarely offered it to people in real life.

Why Are Bonds Coming Up for Green Cards in 2026?

You might be wondering why these bonds are suddenly a big topic for Adjustment of Status (green card) applications this year.

It is because of the new rules that take effect in September 2026. Under the new rules, USCIS is looking at a much wider range of government benefits. In the past, they only cared about cash assistance. Now, they are also looking at non-cash help like housing vouchers and food stamps.

Because the test is stricter now, more applicants might have a hard time passing it on their own. To avoid denying so many people, the government seems prepared to the bond practice back. It acts as a safety net. Instead of just saying "no" to your application, an officer can offer the bond as a second chance to prove you will not rely on the government.

How the USCIS Bond Process Works

According to recent USCIS updates, you cannot just choose to pay a bond on your own—you must be invited. If this happens, the process looks like this:

On July 20, 2026, the government announced major changes to how U.S. Citizenship and Immigration Services (USCIS) decides if an immigrant might become a "public charge." A public charge is someone who relies too much on government money or benefits to survive. The new rules begin on September 18, 2026, and they focus on making sure immigrants can support themselves financially.

The biggest takeaway from this new rule is a major increase in officer discretion—meaning immigration officers now have much more power to make their own choices about your case. This matches other big USCIS changes this year, like the May Adjustment of Status (AOS) memo and the new rule that allows officers to deny an application right away without asking you for more information (issuing an RFE or NOID). Because officers are looking at your "totality of circumstances" (your whole life situation) and can deny cases faster, you need to make sure your application is strong from the start.

Here is how officers will look at different parts of your life under the new rules.

The Five Main Factors

By law, USCIS officers must look at five basic things to guess if you will need government help in the future:

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Officers will look at these five things alongside other factors, like any government benefits you have used.

When You Received Benefits Matters

The September 18, 2026 start date is very important for how officers look at government benefits.

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How Your Family's Benefits May Affect You

In the past, if your family members used government benefits, it didn't hurt your application. Under the new rules, it can.

If you are financially responsible for someone (like a child) and they get government help based on your low income, the officer might see that as a bad sign. The rules give a specific example about school lunches:

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Because the standard application forms do not ask about your family's benefits, officers might ask you about this during an in-person interview or via a Request for Evidence (RFE).

Stricter Rules for Sponsors (Form I-864)

In the past, having a sponsor sign a Form I-864 (Affidavit of Support) was a great way to strengthen your application. The sponsor was promising to support you financially.

Now, officers will look much closer to see if your sponsor is actually reliable.

• The new version of Form I-864 (updated August 24, 2026) now includes a call-out about credit checks for sponsors.
• Officers may check if your sponsor has ever asked USCIS to wave an application fee, if they have ever declared bankruptcy, or if they have used government benefits themselves.
• Officers may also look at how close you and your sponsor actually are. For example, they might look at whether you live together to decide if the sponsor will truly help you.

Public Charge Bonds

If an officer thinks you might become a public charge, they now have the power to ask you for a "public charge bond" (Form I-945).

• A bond is a cash deposit you pay to the government. It acts as a promise that you will not use public benefits.
• To figure out the bond amount, the officer will guess how much government money you might use over the next five years.

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What This Means for You

All of these changes mean immigration officers have more tools to check your finances and more power to deny your case based on financial criteria. Because they no longer have to give you a warning or ask for more evidence before denying you, it is more important than ever to provide thorough evidence in your initial application.

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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.

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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:

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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.  

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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.

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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.

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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!

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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. 

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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.

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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:

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Proactive Checklist Before Mailing Your Package

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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?

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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.  

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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.