Between June and September 2026, US immigration rules changed at once across asylum procedure, student status renewal, adjustment of status inside the US, signature requirements on forms, and immigration court fees — each with its own effective date.
In short
- Starting July 28, 2026, asylum cases can be referred to immigration court without an interview if the evidence is deemed insufficient.
- Starting September 15, 2026, renewing F, J, and I student status requires filing with USCIS instead of automatic renewal by the school.
- It’s worth filing Form I-485 for a green card before September 18, 2026 — after that date, public charge review becomes significantly stricter.
- Starting July 10, 2026, signatures on USCIS forms must be handwritten, or a denial is possible even after the filing has been accepted.
- Starting June 11, 2026, immigration court fees rose, and a deadline missed because of a payment error cannot be restored.
Asylum: Cases Referred to Court Without an Interview Starting July 28
Starting July 28, 2026, asylum applications can be referred from USCIS straight to immigration (removal) court without an interview. Available information suggests the rule affects both pending and new applications, but the exact scope should be confirmed for each individual case — practice may vary.
The basis for referral is insufficient evidence in the case file or a case that doesn’t meet the legal requirements for asylum. In that situation, the applicant isn’t called in for an interview; instead, the case file is sent to immigration court, where it’s reviewed on the merits.
A referral to court doesn’t mean the case has been denied: it isn’t a decision on the merits, it’s a change of venue where the case will continue to be examined.
A referral to court doesn’t mean the case has been denied: it isn’t a decision on the merits, it’s a change of venue where the case will continue to be examined.
A case is sent to immigration court if the officer found the evidence insufficient or the case didn’t meet asylum requirements. This is a change of venue, not a denial on the merits.
Student Status Renewal: Mandatory USCIS Filing Starting September 15
Starting September 15, 2026, the new procedure applies to F, J, and I visa holders arriving in the US on or after that date: their status can only be extended by filing an application with USCIS, not automatically through the school.
Previously, student status was granted once — through a visa or a change of status inside the US — and then the school kept extending it by issuing new I-20 forms, essentially without limit. The law has always capped time in student status at ten years, but in practice schools didn’t track how long an applicant had already held an I-20 and kept extending it past that limit.
The new date closes that gap: every time an I-20 expires, the applicant must file with USCIS, which will review how well the person complied with status rules and met the expectations placed on a student. There’s also a new restriction on switching study programs: a change is only allowed to a program at the next level up — previously, applicants could stay on language courses for years or move between programs at the same level.
For those already in the US, there’s a transition window: it’s advisable to extend the I-20 as far out as possible before September 15. If a current I-20 doesn’t expire until, say, 2028, there’s no need to file with USCIS until that later date — studies can continue uninterrupted until then.
Anyone already in the US should extend their I-20 as far out as possible before September 15, 2026 — then there’s no need to file with USCIS until the new I-20’s actual expiration date.
Adjustment of Status Inside the US: New Public Charge Review Starting September 18
New public charge requirements will apply to those filing for a green card inside the US starting September 18, 2026; applications filed earlier will be reviewed under the current criteria. The review exists to determine the likelihood that an applicant will become a burden on public funds — under today’s rules the factors are limited, and unless someone has been hospitalized for an extended period, most applicants pass without issue.
Under the new rules, the officer deciding on a green card gets significantly more discretion. They will look not only at the applicant’s use of government programs but also at income, health, age, family size, and the amount of money needed to support that family.
If it’s possible to file before September 18, it’s worth doing — the new review criteria after that date are stricter than the current ones. But there’s an exception: if an applicant holds valid nonimmigrant status and the petition their green card depends on hasn’t been approved yet, filing Form I-485 before September 18 is risky. Such a filing could jeopardize the current status.
If status is still valid but the underlying green card petition hasn’t been approved, filing Form I-485 before September 18 could jeopardize the current status — even though the new public charge criteria are stricter.
Signatures on Forms: New Requirements Starting July 10
An invalid signature can lead to a denial even after a filing has already been accepted for review. This applies to any form an applicant submits to USCIS — petitions and applications always require a signature, and now it must be handwritten. The form must be printed, signed with a pen, scanned or photographed, and only then submitted.
Forms can be filed either online or by mail. When mailed, the case is still scanned, and the officer who verifies the authenticity of the signature can deny it over poor scan quality. With an online filing, the applicant uploads the scan themselves and controls exactly what the officer sees — a more reliable option in terms of signature image quality.
With an online filing, the applicant controls the scan quality of the signature, whereas mailed paper forms go through scanning where the officer may deny over poor image quality.
Immigration Court Fees Rose Starting June 11
| Action | Fee as of June 11 |
|---|---|
| Appeal of an immigration judge’s decision | $1.30 |
| Motion to reopen or reconsider a case before a judge | $1.65 |
| Application for cancellation of removal (for someone without a green card) | $1,640 |
Payment goes through an electronic portal. If payment is missing or proof of payment is filed incorrectly, the court can refuse to accept the application or motion — and all these filings carry deadlines that cannot be restored once missed because of a payment error.
Immigration Court Fees as of June 11, 2026
New fee amounts for the main types of immigration court filings.
- Appeal of an immigration judge’s decision$1.30
- Motion to reopen or reconsider a case$1.65
- Application for cancellation of removal (without a green card)$1,640
If a court fee payment is filed incorrectly or is missing, the application may not be accepted — and a deadline missed because of a payment error cannot be restored.
ICE Arrests and Visa Overstay: Who This Affects
ICE can now detain not only people with a final removal order but also those with an overstay on a prior visa — even while holding valid legal status under a new petition. This covers a situation where an applicant entered on a tourist visa, was issued an I-94 valid until a certain date, and during that period filed to change status, obtaining, for example, student status or E-2 status. Formally, the person is in the country legally, but ICE builds the basis for arrest on the fact that the original I-94 expired, not the current status.
ICE builds the basis for arrest on the fact that the original I-94 expired, not the current status
After detention, a person may be released right away or only after a judge reviews the case and recognizes the legal status. But while the initial hearing and merits review are pending, the outcome isn’t guaranteed — judges issue different rulings. An added risk is that both ICE and USCIS operate under quotas: ICE for number of arrests, USCIS for number of denials, regardless of an applicant’s actual grounds to remain in the country.
This also applies to domestic flights within the US, not just international travel: such trips require a valid visa and still-valid original status. Even with an approved petition and a pending Form I-485, the risk of arrest based on an expired original status remains.
ICE can detain someone with valid status under a new petition if their original I-94 has expired — even with an approved petition and a pending I-485.
Paid Expedited Interview at the US Consulate in Mexico
On July 21, the US consulate in Mexico launched a pilot program of paid expedited interviews for tourist and business visas. The applicant pays the standard consular fee plus an additional $750, which secures an interview within 10 days.
The extra payment secures an earlier interview date but doesn’t guarantee visa approval. After payment, the consulate still assesses the likelihood of violations — existing or potential — and the decision is based on those factors, not on the fact of expedited payment.
For now, the program runs only at participating consulates and isn’t a general system for expediting tourist visas across all countries. The pilot is set to end in late December 2026.
Supreme Court Rulings: Birthright Citizenship and Green Card Holders With Criminal Cases
On June 30, 2026, the Supreme Court preserved birthright citizenship: children born in the US to parents with temporary status or no status remain citizens at birth. Because authorities failed to introduce a rule ending birthright citizenship, border scrutiny has intensified for pregnant travelers without a green card — there’s a chance such applicants could be denied entry.
On June 23, 2026, the court ruled on green card holders with pending criminal cases. Normally, a green card exempts someone from having to request admission to the US again at every border crossing: unlike a tourist visa, where an officer decides each time whether to admit the person, a green card holder no longer requests that admission. But if a green card holder has a pending criminal case, they must now request admission again.
The distinction matters: the list of grounds for denying entry to someone outside the US is broader than the list of grounds for deporting someone already inside the country. That’s why staying in the US during proceedings is almost always the safer choice compared to leaving.
This was illustrated by the case of a Chinese national and green card holder facing a counterfeiting case who pleaded guilty. During the proceedings, he left the US, and on return the officer admitted him not as a green card holder but as a person seeking admission. The broader list of grounds for denying entry was applied to him, and on that basis he lost his green card.
he left the US, and on return the officer admitted him not as a green card holder but as a person seeking admission
The takeaway applies to any past criminal history, regardless of how long ago it occurred. As long as a green card holder stays inside the US, the same ground may not cost them their status. But leaving the country and requesting readmission can turn that same ground into a reason for losing the green card. The situation has nuances and calls for a case-by-case review.
Work Permits: Proposed New Rules as of June 5
A proposed rule was published on June 5, 2026, and is not yet in effect. It proposes tighter screening of applicants whose work permits are issued at the agency’s discretion — that is, cases where the decision isn’t tied strictly to formal criteria but depends on an assessment of the individual case.
The final version of the rule will most likely differ from the published proposal: the document is still being worked on, and it only makes sense to analyze it once the final version is adopted. But the direction is already clear — getting a work permit will become harder.
The tightening could go one of two ways. Either the agency narrows the list of applicant categories eligible for a permit, or it tightens screening of applicants themselves — assessing whether a permit should be issued to a given person at all, including in light of a shortage of jobs in the field they intend to enter. Either way, getting a work permit will become harder than it is now.
The proposed rule published June 5, 2026 is a draft, and the final version may differ. But the direction is clear: discretionary work permits will become harder to get.
Frequently asked questions
What should I do if my asylum application was referred to court instead of being denied outright?
A referral to court isn’t a denial on the merits — it’s a change of venue: the case file will now be reviewed there. Applicants should prepare for the immigration court proceeding as seriously as they would have prepared for an interview, since no decision on the case has been made yet.
What happens if a student has already exceeded the allowed years of study under the old rules?
The law has always capped time in student status at ten years, but in practice schools didn’t track this limit and kept extending the I-20 without restriction. Under the new process, USCIS itself will review the applicant’s compliance history at every renewal, so for those who already exceeded the limit, that history could become grounds for denial when they file with USCIS.
Can I still file for a green card after September 18 if my petition is already approved?
Yes — the risk described in the new rules mainly concerns situations where the petition isn’t approved yet and nonimmigrant status could be jeopardized by filing Form I-485. If the petition is already approved, that specific threat to status doesn’t apply, but the stricter public charge criteria will still be used in the review.
What should I do if a form was already filed without a handwritten signature?
Since an invalid signature can lead to a denial even after a filing has been accepted for review, a form submitted with a signature error can’t be treated as a closed matter. There’s a risk of denial appearing after the case is already in process, rather than right at filing.
How long does legal status protect against an ICE arrest once it has started?
After detention, a person may be released right away or only once a judge reviews the case and recognizes the legal status. While the initial hearing is pending, the outcome isn’t guaranteed — judges issue different rulings — so having valid status by itself doesn’t provide automatic protection from detention during that period.
Can I get a refund on the expedited interview fee at the US consulate in Mexico if my visa is denied?
The $750 extra payment secures an earlier interview date but doesn’t guarantee visa approval. After payment, the consulate still assesses the likelihood of violations and bases its decision on those factors rather than on the fact of expedited payment, so the fee itself isn’t tied to a refund in case of denial.
Does the paid expedited interview program apply in other countries?
No — for now the program runs only at participating consulates and isn’t a general system for expediting tourist visas across all countries. The pilot is set to end in late December 2026, after which a decision may be made on expanding or closing it.
Could the birthright citizenship ruling change in the future?
On June 30, 2026, the Supreme Court preserved birthright citizenship for children born in the US to parents with temporary or no status. Because authorities failed to introduce a rule ending such citizenship, border scrutiny has intensified for pregnant travelers without a green card, which suggests ongoing attempts to limit this rule through other means.
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