First Class Immigration

07/27/2026

The End of “Duration of Status (D/S)” – What Every International Student Needs to Know

One of the biggest changes to U.S. immigration law affecting international students, exchange visitors, and foreign media representatives has officially arrived.

The Department of Homeland Security has finalized regulations eliminating the long-standing Duration of Status (D/S) admission for many F-1, J-1, and I visa holders. Instead, most individuals will now receive a fixed period of admission with specific expiration dates. The rule becomes effective on September 15, 2026.

What was D/S?

For decades, most F-1 students entered the United States with “D/S” printed on their I-94.

Rather than receiving an expiration date, they could remain in the United States as long as they:

* Maintained their immigration status;
* Continued full-time study or authorized employment;
* Complied with SEVIS requirements.

This system gave students flexibility if they needed additional semesters, changed programs, transferred schools, or experienced unexpected delays.

What is changing?

Beginning September 15, DHS will replace D/S with a fixed admission period.

Instead of remaining until your educational program ends, you will receive a specific period of authorized stay. If additional time is needed, you generally must file an extension with USCIS before your period expires.

Why does this matter?

This change dramatically increases the importance of immigration compliance.

Missing deadlines could result in:

* Falling out of status
* Beginning unlawful presence
* Future visa problems
* Three-year or ten-year bars after sufficient unlawful presence
* Difficulties obtaining future immigration benefits

Frequently Asked Questions

Does this affect current students?

Transition rules apply, but many current F-1 and J-1 holders will eventually become subject to the new framework. Students should carefully review their individual circumstances with their Designated School Official (DSO) or immigration attorney.

Can I still extend my studies?

Yes—but instead of relying on D/S, many students will need USCIS approval for an extension before their authorized stay expires.

Has the grace period changed?

Yes. The traditional 60-day grace period for many F-1 students has been shortened to 30 days under the new rule.

Our Recommendation

If you are studying in the United States—or plan to begin your studies soon—now is the time to understand exactly when your lawful stay expires.

This is one of the most significant changes to student immigration law in decades.

At First Class Immigration, we are already helping students, universities, and employers prepare for these new compliance requirements.

If you have questions about maintaining your status, extending your stay, or changing status, contact our office before your expiration date arrives.

07/25/2026

A Hard Lesson About Adjustment of Status Interviews: Why Your Entire Immigration History Matters!!

One of the biggest misconceptions I hear is:
“I already received a waiver years ago, so everything should be fine.”
Unfortunately, immigration law often doesn’t work that way.
This week, a client came to my office seeking a second opinion after receiving a Notice of Intent to Deny (NOID) following an Adjustment of Status interview. The interview itself went well, but USCIS looked far beyond the marriage and the current application. They thoroughly reviewed years of immigration history—including previous visa applications, border inspections, admissions, and statements made decades earlier.
One issue stood out.
Years earlier, the client had received permission to obtain a visitor visa after a finding of inadmissibility. Like many people, the client believed that meant the issue had been permanently resolved.
It had not.
The waiver previously granted was a nonimmigrant waiver under INA §212(d)(3). That type of waiver allows someone to temporarily enter the United States in a nonimmigrant classification despite being inadmissible.
It does not eliminate the inadmissibility for purposes of becoming a permanent resident.
When USCIS later reviewed the Adjustment of Status application, the officer independently analyzed the prior immigration history and concluded that a separate immigrant waiver was still required before permanent residence could be granted.
This is something I am seeing more frequently.
Adjustment interviews today are no longer simply about proving your marriage is legitimate.
Officers often review:
• Prior visa applications
• CBP inspection records
• Previous immigration interviews
• Prior petitions
• Consular records
• Entry history
• Prior statements made to immigration officers
• Social media and publicly available information when appropriate
Many applicants honestly believe older issues have already been resolved.
Sometimes they have.
Sometimes they have not.
The lesson is simple:
If your immigration history includes:
unlawful presence,
prior overstays,
prior removal proceedings,
visa refusals,
findings of fraud or misrepresentation,
expedited removals,
or previous waivers,
your case deserves a complete legal review before filing Adjustment of Status.
A thorough review can identify issues early and allow the proper waiver strategy to be developed before your interview—not after receiving a Notice of Intent to Deny.
Every case is different, but today’s Adjustment interviews require much more preparation than they did several years ago.

07/18/2026

Could One Federal Court Decision Finally Get Your Long-Pending USCIS Case Moving?

If you've been waiting months—or even years—for USCIS to make a decision on your immigration case, there has been an important legal development that you should know about.

Earlier this summer, a federal judge in Rhode Island issued a nationwide decision in Dorcas International Institute of Rhode Island v. USCIS, striking down several internal USCIS policies that had effectively placed thousands of immigration cases into administrative limbo. These policies had allowed USCIS to stop adjudicating certain applications while conducting prolonged internal reviews, often with little explanation to applicants.

The government has appealed that decision, but many people are asking the same question:

Does the appeal mean nothing has changed?

The answer is no.

What did the federal court decide?

The District Court ruled that USCIS could not continue using four internal policies that delayed or suspended the adjudication of immigration benefits for applicants from certain designated countries. The court found that these policies exceeded USCIS's authority and violated federal administrative law.

As a result, the court ordered USCIS to stop relying on those policies.

The Government Appealed...

Yes, the Department of Homeland Security has appealed the decision to the United States Court of Appeals for the First Circuit.

However, many people misunderstand what an appeal actually means.

Simply filing an appeal does not automatically stop the lower court's ruling.

Unless the appellate court issues a stay, USCIS is generally required to comply with the District Court's order while the appeal is pending.

That means, at least for now, USCIS should continue processing cases without relying on the policies that were struck down.

Who could be affected?

While not every immigration applicant will benefit, this decision could affect individuals with pending:

• Adjustment of Status applications (Green Cards)
• Employment Authorization Documents (Work Permits)
• Naturalization applications
• Humanitarian applications
• Asylum-related benefits
• Other immigration benefits that may have been delayed under these policies

If your case has been pending far longer than the published processing times and you have received little or no explanation for the delay, this decision may be relevant to your situation.

What the decision does NOT do

It is equally important to understand what this case does not accomplish.

It does not:

❌ Guarantee approval of any immigration application.

❌ Eliminate existing travel restrictions or immigration laws.

❌ Require USCIS to approve cases that do not otherwise qualify.

❌ Instantly clear the agency's backlog.

Instead, it requires USCIS to actually make decisions under the Immigration and Nationality Act rather than leaving cases indefinitely suspended under internal policies that the federal court found to be unlawful.

So what should you do if your case has been pending?

Every case is different, but applicants with unusually delayed cases may wish to discuss whether additional action is appropriate.

Depending on the facts, possible options may include:

• Requesting a USCIS service inquiry.
• Seeking assistance from your Congressional representative.
• Contacting the USCIS Ombudsman.
• Submitting a formal legal request for adjudication.
• In some situations, filing a federal lawsuit asking the court to require USCIS to make a decision.

These options are not appropriate for every case, which is why it is important to have your individual circumstances reviewed before taking action.

Why this decision matters

For many families, immigration delays are more than just frustrating—they affect employment, travel, education, medical care, and the ability to move forward with life.

The Dorcas decision reminds federal agencies that they must follow the law enacted by Congress. USCIS has broad authority to adjudicate immigration benefits, but that authority must be exercised within the limits established by the Immigration and Nationality Act and the Administrative Procedure Act.

Although the appeal is ongoing, the District Court's decision has already changed how USCIS is expected to handle affected cases unless the appellate court orders otherwise.

Our advice

If your immigration application has been sitting with USCIS for an unusually long time and you are unsure why, now is an appropriate time to have your case reviewed.

Every delay has a reason—but not every delay is legally justified.

At Smallbone & Associates, PLLC, we continue to monitor the Dorcas appeal closely and evaluate whether it creates additional options for clients with long-pending immigration cases.

If you believe your case may have been affected by these now-invalidated policies, speak with an experienced immigration attorney to determine whether action should be taken.

Because sometimes the difference between waiting indefinitely and finally receiving a decision is knowing which legal tools are available.

This post is for general informational purposes only and is not intended as legal advice. Immigration laws change frequently, and every case should be evaluated based on its own facts.

07/13/2026

Many of our clients have recently asked the same question:

*"Why haven't I received my I-751 receipt notice even though USCIS already scheduled my biometrics appointment?"*

If this has happened to you, you are not alone.

Today I spoke with a USCIS officer in Washington, D.C., about this issue. They confirmed that USCIS is aware of the delays and understands that they are affecting applicants across the country.

The good news is that there is a practical solution if you need proof of your lawful permanent resident status while waiting.

Our office has been requesting **ADIT stamps** for clients who have not yet received their I-751 receipt notices. USCIS has generally been issuing these temporary proof-of-status documents within about **14 days**.

If you need an ADIT stamp:

• Call the USCIS Contact Center at **1-800-375-5283**.
• Tell the representative that your Form I-751 was filed but you have not received your receipt notice.
• Request assistance obtaining an ADIT stamp as temporary evidence of your permanent resident status.
• Follow the instructions provided by USCIS for your local field office.

An ADIT stamp can often be used as temporary proof of lawful permanent resident status while your petition remains pending.

If you are experiencing this delay, don't panic. USCIS has acknowledged that this is a widespread issue, and there are options available while you wait for your receipt notice.

If our office can help you navigate the process, please don't hesitate to reach out.

06/30/2026

**Immigration Practice Update: Adjustment of Status (I-485) After a Visa Overstay Is Receiving Increased Scrutiny**

Today I met with a USCIS officer regarding an Adjustment of Status case involving an applicant who was lawfully admitted to the United States but later overstayed their visa.

One important takeaway stood out.

While USCIS officers have historically exercised discretion in many of these cases, we are seeing what appears to be a much more restrictive review of Adjustment of Status applications involving visa overstays. Even where an applicant may otherwise be eligible, officers often have less flexibility than they once did.

# # # What does this mean for applicants?

If you entered the United States legally and later overstayed your visa, **do not assume that filing Form I-485 is simply a paperwork exercise.**

Your application should clearly explain:

Why you remained in the United States beyond your authorized stay.

The specific facts and circumstances surrounding the overstay.

Any humanitarian, family, medical, financial, or legal circumstances that contributed to the overstay.

Why requiring Consular Processing would create significant hardship, legal complications, or unnecessary risks if Adjustment of Status were denied.

A vague statement such as "I stayed because of family" or "COVID delayed my plans" is rarely sufficient by itself. USCIS expects detailed facts supported by documentation whenever possible.

Every case is different.

Some applicants remain eligible to adjust status despite an overstay, particularly immediate relatives of U.S. citizens, while others face much more complicated legal issues. The strategy used when preparing the initial filing can significantly affect the outcome.

One lesson we continue to see is this:

**The best Adjustment of Status cases anticipate USCIS's concerns before the application is ever filed.**

If you or someone you know entered the U.S. lawfully but overstayed a visa, obtain legal advice before filing. The explanation you submit with your application may become one of the most important documents in your case.

*This post is for educational purposes only and is not legal advice. Every immigration case depends on its own facts.*

05/26/2026

New USCIS Interview Questions Emerging After Friday’s Adjustment of Status Memo

Immigration attorneys across the country are beginning to report new discretionary-focused questions being asked at marriage-based green card interviews.

Reported questions include:
• Why did you apply for Adjustment of Status instead of Consular Processing?
• Are there any factors preventing you from pursuing Consular Processing?
• Do you still have family in your home country?
• Why didn’t you return when your authorized stay expired?

These are NOT traditional marriage-fraud questions.

They appear designed to evaluate:
⚖️ immigrant intent
⚖️ discretionary factors
⚖️ family equities
⚖️ justification for remaining in the United States

We just published a detailed article explaining:
1) what these questions really mean
2) the legal concerns behind the new memo
3) examples of GOOD vs BAD answers
4) how immigrants should prepare moving forward

Read the full article here: https://www.firstclassimmigration.com/news/usciss-new-adjustment-of-status-memo-the-new-interview-questions-immigrants-should-expect-and-how-to-answer-them

On May 21, 2026, U.S. Citizenship and Immigration Services issued a policy memorandum emphasizing that Adjustment of Status (“AOS”) is an “extraordinary” discretionary benefit and an “act of administrative grace.” Since the release of the memo, immigration attorneys around the country ha...

05/22/2026

USCIS Just Issued New Guidance That Could Affect Green Card Cases Filed Inside the United States

USCIS released a new policy memo this week emphasizing that Adjustment of Status (getting a green card inside the U.S.) is considered an “extraordinary” discretionary benefit — not an automatic right.

Although the law itself has not changed, the memo strongly suggests that immigration officers may begin applying much stricter discretionary review in many cases.

The memo specifically discusses:
Overstays
Unauthorized employment
Prior visa intent
Humanitarian parole
Marriage-based green card cases
Whether applicants followed the “normal” consular process

This could mean that even applicants who technically qualify for a green card could face more scrutiny if USCIS believes negative discretionary factors outweigh the positives.

One important reminder:
Every immigration case is unique. Proper preparation, consistency, and strong documentation matter now more than ever.

If you have questions about your immigration history or future green card eligibility, it is important to speak with qualified immigration counsel before filing.

03/04/2026

Employment Authorization While in Removal Proceedings: Can You Get a Work Permit (EAD)?

For many immigrants placed in removal proceedings, one of the most urgent concerns is whether they can legally work while their case is pending. The answer is often yes, particularly for individuals pursuing Adjustment of Status (AOS) before the immigration court.

Understanding why and how a work permit (Employment Authorization Document or EAD) may be available requires a careful review of adjustment eligibility under the Immigration and Nationality Act and the filing rules for Form I-765.

This article explains the legal framework and practical steps for obtaining employment authorization while in removal proceedings.

Adjustment of Status and Work Authorization

Individuals seeking lawful permanent residence through Adjustment of Status (AOS) typically file:

Form I-485 – Application to Register Permanent Residence or Adjust Status

Form I-765 – Application for Employment Authorization

When an adjustment applicant files Form I-765 under the correct eligibility category, they may receive a work permit while their green card application is pending.

For applicants not in removal proceedings, the process is straightforward: both forms are filed with U.S. Citizenship and Immigration Services (USCIS).

However, when an individual is already in removal proceedings before the immigration court, the filing process is slightly different.

Filing for an EAD While in Removal Proceedings

When a person seeks adjustment of status before the immigration court, the Form I-485 is filed with the court, which is part of the Executive Office for Immigration Review (EOIR) under the U.S. Department of Justice.

Even though the adjustment application is pending with the court:

Form I-765 must still be filed with USCIS

The applicant must provide proof that the I-485 has been filed with the immigration court

This proof typically includes:

A stamped copy of the filed I-485

The immigration court filing receipt or cover page

Evidence the adjustment application is pending

When properly filed, the applicant may qualify for employment authorization under Category (c)(9), which applies to individuals with a pending adjustment of status application.

The Legal Foundation: INA §245

Adjustment of status eligibility is governed primarily by Section 245 of the Immigration and Nationality Act.

Two subsections are particularly important.

1. INA §245(a): The Manner of Entry Requirement

Section 245(a) governs the basic eligibility requirements for adjustment of status.

To adjust status under this provision, an applicant must generally have been:

Admitted

Inspected

Paroled

If one of these three conditions is satisfied, the individual may qualify for adjustment of status assuming other requirements are met.

This is why parole can be extremely important. Even individuals who originally entered the United States without inspection may become eligible for adjustment if they later receive parole.

2. INA §245(c): Bars to Adjustment

Section 245(c) describes bars to adjustment of status, such as:

Overstaying a visa

Violating the terms of a visa

Certain unauthorized employment

However, many of these bars do not apply to immediate relatives of U.S. citizens, which is why adjustment of status is often still possible even after periods of unlawful presence.

The Role of the I-601A Provisional Waiver

Many individuals who entered the United States without inspection (EWI) cannot adjust status under §245(a) because they were never admitted or paroled.

In those cases, they must typically pursue consular processing abroad.

However, leaving the United States after significant unlawful presence triggers:

A 10-year unlawful presence bar

To address this issue, Congress created the I-601A Provisional Waiver.

This waiver allows eligible applicants to:

Apply for a waiver while still in the United States

Wait for the waiver to be approved

Leave the U.S. only briefly for the consular interview

Without the I-601A waiver, applicants historically had to wait outside the United States for the entire waiver adjudication, which could result in prolonged family separation.

Why the EAD Matters in Removal Proceedings

Removal proceedings can last months or even years. During that time, individuals often need the ability to work legally in order to:

Support their families

Maintain stability during litigation

Pay legal and court-related expenses

For adjustment applicants in removal proceedings, the (c)(9) work permit category is therefore critical.

Once the I-765 is approved, the applicant receives:

An Employment Authorization Document (EAD)

Eligibility to obtain a Social Security number

The ability to work lawfully while the case is pending

Common Scenario: Adjustment Before the Immigration Judge

A typical case might look like this:

A noncitizen is placed into removal proceedings.

They become eligible for adjustment of status through a U.S. citizen spouse.

The I-485 is filed with the immigration court.

The applicant files Form I-765 with USCIS under category (c)(9).

Proof of the pending adjustment application is submitted.

USCIS issues an EAD while the adjustment case proceeds before the judge.

This process allows the applicant to remain legally employed during the pendency of the case.

Strategic Importance for Immigration Cases

For immigration attorneys and applicants alike, understanding the relationship between:

Adjustment of Status

Removal Proceedings

Employment Authorization

is critical for case strategy.

Properly filing the I-765 with proof of a pending I-485 before the immigration court can ensure that clients remain able to work lawfully during what is often a lengthy legal process.

Final Thoughts

Being placed in removal proceedings does not automatically eliminate the ability to obtain a work permit.

When a noncitizen has a properly filed adjustment of status application, they may still qualify for an Employment Authorization Document under category (c)(9), even if the case is pending before the immigration court rather than USCIS.

Understanding these procedural nuances can make a significant difference in the stability and financial security of families navigating the immigration system.

02/26/2026