Starting October 1, 2026, changes take effect in the USA that will affect asylum seekers and immigrants. Fees for filing immigration petitions will increase, many will lose access to Medicaid, and the procedure for obtaining work authorization may change significantly. Additionally, a new judicial precedent regarding comparison of similar cases will begin to apply.
Increase in Immigration Petition Fees
Starting October 1, a new fiscal year begins in the USA, which brings changes to payments, including government fees for reviewing immigration petitions. The exact amounts for filing asylum applications and annual petition reviews will be known on October 1.
For immigration court, the following fee amounts are effective starting October 1:
— For filing an appeal: $1,600 — For reopening a case: $1,950 — For filing a petition to cancel removal: $1,690
Cancellation of Medicaid for Asylum Seekers
Starting October 1, many asylum seekers awaiting their case decision, as well as those who received approval but did not receive a green card, lose their Medicaid eligibility. The change is enshrined in legislation passed during the Trump administration, which narrows the categories of foreign nationals with access to free medical care and federal-level insurance.
For specific consequences in your state, it is necessary to check the information after October 1, as each state has some flexibility in applying this rule. For example, in Florida, people will lose access to Medicaid.
New Judicial Precedent Metro of VSA
In October, a precedent begins to apply that allows prosecutors and judges to make decisions on specific cases by comparing them with other cases in the immigration court database. If it is established that your case is factually and descriptively similar to other already reviewed cases, this may result in a lower level of confidence in your testimony and, as a consequence, a denial.
It is important to ensure the uniqueness of your case description, taking into account the specific events and facts that distinguish you from other applicants.
Possible Changes in Work Authorization Issuance for Asylum Seekers
In October, a decision is expected on DHS reform that could significantly change the procedure for obtaining work authorization for asylum seekers. According to the announced reform, protection applicants may be required to wait not 180 days, as currently, but 365 days before obtaining a work permit.
Additionally, DHS will have the authority to completely halt work permit issuance. Processing times for work authorization applications increase from 30 days to 180 days. The final status of these changes will be determined by October.
Possible Decision on Closing the Mexico-US Border
In October, the Supreme Court may issue a final decision on Trump’s proclamation to close the Mexico-US border. The decision is currently stayed by the court, and asylum seekers at the border can file for protection.
The final decision may either completely close the border or improve the current situation, where the border is in a state of legal uncertainty. The exact outcome depends on the court’s verdict.
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