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08/31/2026

🚨 GREEN CARD FILING ALERT: USCIS REQUIRES A NEW FORM I-864 STARTING TODAY

USCIS has published a new edition of Form I-864, and there is NO GRACE PERIOD.

📅 Effective August 31, 2026: USCIS will accept only Form I-864, Edition 08/24/26 for forms postmarked or electronically submitted on or after today.

⚠ The previous 10/17/245 edition will not be accepted when submitted on or after August 31, 2026.

That means if you prepared a green-card package using the old I-864 but have not yet submitted it, you should check the edition date before filing.

WHAT'S NEW?

The new I-864 also contains a privacy authorization allowing USCIS to request information from consumer reporting agencies when evaluating the Affidavit of Support.

USCIS warns that a credit or security freeze could affect its ability to access information needed to evaluate the sponsor's financial information.

📌 WHAT THIS MEANS:
If you are preparing a marriage-based or family-based green-card filing that requires Form I-864, do not submit the old 10/17/24 edition on or after August 31, 2026.

✅ Check the edition date before filing.
✅ Use the new 08/24/26 edition.
✅ If you already submitted your I-864 before August 31, this new edition requirement does not, by itself, mean you automatically need to submit a new form.

🔗 SOURCE: U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) - FORM I-864, AUGUST 31 2026
https://www.uscis.gov/sites/default/files/document/forms/i-864.pdf?utm_source

Affidavit of Support Under Section 213A of the INA

Asare Legal PLLC

General Information only. Not legal advice.

08/30/2026

🚨 BREAKING: FEDERAL COURT RULES IMMIGRATION LAWS CANNOT BE USED TO PUNISH NONCITIZENS FOR PROTECTED SPEECH

A federal judge in California has issued a major First Amendment ruling involving the government's use of immigration laws against noncitizens because of their political expression.

The case involved noncitizen students and student journalists whose immigration status was threatened based on speech, reporting, and advocacy.

⚠ BUT THIS IS IMPORTANT:

The court ruled that the government cannot use the challenged immigration provisions to revoke visas or pursue removal based on constitutionally protected speech.

The court found that applying the provisions in this way violated the First Amendment and raised Fifth Amendment due process and vagueness concerns.

WHAT DOES THIS MEAN?

Noncitizens in the United States do have constitutional protections, including protections for lawful speech.

The government's immigration authority does not automatically allow it to impose immigration consequences simply because officials disagree with constitutionally protected expression.

📌 BUT THIS DOES NOT MEAN EVERT IMMIGRATION CASE INVOLVING SPEECH IS AUTOMATICALLY CANCELLED.

The ruling addresses the specific immigration provisions and their use against protected speech. other immigration grounds and enforcement actions may still apply.

If your immigration case involves political speech, protests, journalism, advocacy, or other protected expression, the reason for the government's actions may be critically important.

SOURCE: U.S. DISTRICT COURT, N.D. CAL - STANFORD DAILY PUBLISHING CORPORATION ET AL. v. RUBIO ET AL., NO. 25-CV-06618-NW, AUG. 28, 2026
https://www.fire.org/sites/default/files/2026/08/Memorandum%20of%20Decision%20-%20Stanford%20Daily%20Publishing%20Corporation%20et%20al.%20v.%20Rubio%20et%20al..pdf

Asare Legal PLLC

General information only. Not legal advice.

08/30/2026

🚨 IMMIGRATION ALERT: U.S. DEPORTS IMMIGRANTS WITH PROTECTION FROM RETURNING TO THEIR HOME COUNTRIES

The United States has deported dozens of Immigrants to the Central African Republic, including Afghan and Iranian nationals who could not safely be returned to their home countries. One Afghan man on the flight had previously been granted protection from deportation to Afghanistan because of concerns that he could face persecution by the Taliban.

⚠ BUT THIS IS IMPORTANT:

Having withholding of removal does not necessarily mean a person can never be removed from the United States.

The protection generally prevents removal to the specific country where the person faces the protected threat. Under current DOJ guidance, a person granted withholding may still be removed to a third country where they could not face that threat.

WHAT DOES THIS MEAN?

Third-country removal can create complicated legal issues for people who have protection from removal to their home country.

For someone facing removal, it may be important to determine:

- What country is DHS planning to send them to?
- Does their existing protection apply to that country?
- Could they face persecution or torture there?
- Are additional legal protections or emergency court action available?

📌 A protection order does not necessarily mean the person can remain in the United States indefinitely. But the specific country of removal can be critically important.

If you or a family member has withholding of removal or CAT protection and DHS is considering removal to a third country, the case should be reviewed carefully.

🔗 SOURCE: U.S. DEPARTMENT OF JUSTICE, EOIR - ASYLUM, WITHHOLDING OF REMOVAL & CAT; ASSOCIATED PRESS, AUG. 29, 2026

Asare Legal PLLC

General Information only. Not legal advice.

08/30/2026

🚨 H-1B FAMILY ALERT: DHS REVIVES PROPOSAL TO END H-4 WORK PERMITS

The department of Homeland Security has placed a proposal on its 2026 regulatory agenda that would eliminate employment authorization for certain H-4 spouses of H-1B workers.

Under the current rules, certain H-4 spouses may qualify for employment authorization when the H-1B principal has reached certain stages of the employment-based green card process.

DHS is now considering reversing that policy.

⚠ BUT THIS IS IMPORTANT: H-4 EADs HAVE NOT BEEN CANCELED.

The proposal is currently listed as a long-term regulatory action, and DHS has not yet published a proposed rule or effective date.

For now, eligible H-4 spouses can continue to apply for employment authorization under the current rules.

WHAT THIS MEANS

If your family depends on an H-4 spouse's work authorization, this is a development worth watching closely.

📌 FOR NOW:

Continue filing eligible H-4 EAD applications and renewals under the current rules.
Do not stop working solely because of this regulatory announcement.
Consider whether another immigration or employment option may be available as a backup.

DHS is also considering other changes affecting H-1B workers, including a proposal to eliminate the discretionary 60-day grace period.

🔗 SOURCE: DHS/USCIS -- 2026 UNIFIED AGENDA, RIN 1615-AD14

Asare Legal PLLC

General Information only. Not legal advice.

08/29/2026

🚨MAJOR VISA UPDATE: STATE DEPARTMENT CONFIRMS 75-COUNTRY IMMIGRANT VISA PAUSE IS NO LONGER IN EFFECT

The U.S. State Department has confirmed that the January 2026 immigrant-visa issuance pause affecting nationals of 75 countries is NO LONGER IN EFFECT AS OF AUGUST 21, 2026.

The change follows a federal court ruling in CLINIC v. Rubio, where the court vacated the 75-country policy and set aside immigrant-visa refusals based solely on that policy.

Affected countries included Ghana, Nigeria, Haiti, Jamaica, Cameroon, Ethiopia, Liberia, Sierra Leone, Pakistan, and dozens of others.

⚠️BUT THERE IS AN IMPORTANT DISTINCTION:

The 75-country pause has ended, but the State Department has separately announced a worldwide pause affecting immigrant-visa processing and appointments while consular officers undergo new training.

That separate policy is NOT the 75-country pause struck down by the court.

WHAT THIS MEANS

If your immigrant visa was refused solely because of the 75-country policy, that categorical restriction should no longer be used as the basis for refusal.

However, this does NOT guarantee visa approval. Applicants must still meet all applicable eligibility and admissibility requirements.

📌If your case was affected by the former 75-country policy, your case may warrant review to determine what the court ruling means for your application.

🔗SOURCE: U.S. DISTRICT COURT, S.D.N.Y. - CATHOLIC LEGAL IMMIGRATION NETWORK, INC. v. RUBIO, NO. 1;26-CV-00858 (JAV), AUG. 21, 2026; U.S. DEPARTMENT OF STATE, AUG. 28, 2026
https://www.scribd.com/document/1077301629/gov-uscourts-nysd-657161-83-0?utm_source

Asare Legal PLLC

General Information only. Not legal advice.

08/29/2026

📢 BREAKING: THIRD CIRCUIT REJECTS MANDATORY "NO-BOND" DETENTION FOR CERTAIN LONGTIME U.S. RESIDENTS

A major immigration detention ruling was issued, August 28, 2026, by the U.S. Court of Appeals for the Third Circuit.

In a precedential 2-1 decision, the court held that the government cannot automatically use INA 235 (b)(2)(A) to hold certain people without a bond hearing simply because they entered the United States without inspection years earlier.

The two people at the center of the case had entered the U.S. in 2001 and 2014 and were later arrested by ICE inside the country. The third Circuit held that their detention without bond hearings violated the Immigration and Nationality Act and the Fifth Amendment's Due Process Clause.

⚖ WHAT THIS MEANS

The ruling is binding within the Third Circuit - Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands.

It does not mean every person detained by the ICE is automatically entitled to release. Other mandatory-detention laws and individual circumstances can still matter.

us AND TEXAS?

Texas remains different.

The Fifth Circuit has reached the opposite statutory conclusion in Buenrostro - Mendez v. Bondi, allowing 235-based mandatory detention for similarly situated noncitizens.

That growing disagreement among federal appeals courts creates an important circuit split that could eventually reach the U.S. Supreme Court.

📌 PRACTICAL TAKEAWAY

If someone is detained by ICE, one of the first questions should be which immigration detention statue the government is using and whether an Immigration Judge has authority to conduct a bond hearing.

🔗SOURCE: Third Circuit - Buele Morocho/Lopes De Andrade Opinion, Nos. 26-1150 & 26-1454
https://www2.ca3.uscourts.gov/opinarch/261150p.pdf

Asare Legal PLLC

General information only. Not legal advice.

08/28/2026

🚨 NEW BIA DECISION: FAILING TO DEPART AFTER VOLUNTARY DEPARTURE CAN HAVE SERIOUS CONSEQUENCES

The Board of Immigration Appeals has issued a new precedential decision, Matter of R-P-L-, 29 I&N Dec. 859 (BIA 2026).

The BIA upheld a $3,000 civil monetary penalty against an individual who failed to leave the United States after being granted voluntary departure.

BUT THE CONSEQUENCES MAY GO BEYOND THE FINE.

⚠️ Failing to depart by the deadline can also trigger a 10-year bar on certain forms of immigration relief, including adjustment of status under INA 245.

The BIA also held that:
- Willfulness is not required for the penalty to apply.
- The penalty warning does not have to appear in the NTA if proper notice was otherwise provided.
- Immigration notices generally do not have to be provided in the person's native language.
- Notice provided to an attorney of record can constitute proper notice.

WHAT THIS MEANS:

📌 If you were granted voluntary departure but did not leave by the deadline, do not assume an approved visa petition or another immigration benefit automatically eliminates the consequences.

Your prior immigration-court order and voluntary-departure history should be carefully reviewed before pursuing new immigration relief.

SOURCE: U.S. DEPARTMENT OF JUSTICE, EOIR - MATTER OF R-P-L-, 29 I&N DEC. 859 (BIA 2026), AUG. 28, 2026
https://www.justice.gov/eoir/media/1459551/dl?inline=

Asare Legal PLLC

General information only. Not legal advice.

08/27/2026

🚨 BREAKING: FEDERAL JUDGE RULES H-2A FARMWORKER WAGE CUTS UNLAWFUL

A federal judge has struck down major portions of the Department of Labor's new wage formula for H-2A temporary agricultural workers.

The rule had significantly reduced required wages for many H-2A workers.

The court found that the Department of Labor failed to adequately show that the new wage formula protects U.S. farmworkers from having their wages adversely affected by the H-2A program.

⚠️ Important: The judge did NOT immediately cancel the current wage rates.
The existing rule will temporarily remain in place while the Department of Labor develops a new wage methodology.

But agricultural employers have also been warned that they may ultimately owe back pay depending on the replacement rates.

📌 If your business employs H-2A workers:

• Continue following the currently applicable DOL wage requirements.
• Maintain complete payroll records.
• Be prepared for possible wage adjustments.
• Watch closely for a new DOL wage formula.

This ruling could significantly affect H-2A employers and agricultural workers nationwide.

Asare Legal PLLC

General information only. Not legal advice.

08/26/2026

🚨 NEW USCIS POLICY: NEIGHBORHOOD INVESTIGATIONS ARE RETURNING FOR SOME CITIZENSHIP CASES

USCIS has issued new guidance changing how some N-400 naturalization applications may be investigated.

For years, neighborhood investigations were generally waived.

USCIS is now restoring its authority to conduct them on an individualized basis.

That means USCIS may potentially seek information from people who know the citizenship applicant, including:

• Neighbors
• Employers
• Coworkers
• Business associates.

The agency may use this information to verify whether an applicant meets the legal requirements for U.S. citizenship, including good moral character and other naturalization requirements.

⚠️ This does NOT mean USCIS will visit the neighborhood of every person who files for citizenship.

The decision is discretionary and will depend on the individual case.

But it does mean that accuracy and consistency in an N-400 application are more important than ever.

📌 Before filing for citizenship, carefully review your addresses, employment, travel, taxes, marital history, criminal history and prior immigration applications.

Asare Legal PLLC

General information only. Not legal advice.

08/26/2026

🚨 BREAKING: U.S. PAUSES IMMIGRANT VISA INTERVIEWS WORLDWIDE

The U.S. State Department has begun rescheduling immigrant-visa interviews at U.S. embassies and consulates around the world while consular officers undergo new global training.

The training reportedly focuses heavily on screening applicants for potential public-charge concerns and ensuring immigration cases are reviewed consistently.

⚠️ If you already have an immigrant-visa interview scheduled, watch your email carefully. Some applicants are receiving notices that their appointments will be moved to a later date.

Important: This does NOT mean your immigrant-visa case has been denied, and the reported pause concerns immigrant visas—not all U.S. visas.

If you are waiting for a marriage-based, family-based, or employment-based immigrant visa interview, continue preparing your documents and monitor instructions from the National Visa Center and your U.S. embassy or consulate.

Asare Legal PLLC

General information only. Not legal advice.

Asare Legal

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