Immigration Updates - August 2026
Four recent major immigration developments that demand attention
ICE has ramped up enforcement at domestic airports, arresting travelers with pending immigration applications, including visa extensions and green card cases - after TSA began sharing air traveler data with ICE in mid-2025. Meanwhile, USCIS restored officers’ discretion to deny cases without a prior Request for Evidence, and has shortened RFE response times. And, in a landmark shift, the BIA overruled Matter of Arrabally on August 13, meaning travel on advance parole can now trigger the 3 and 10 year unlawful presence bars for anyone with prior overstay time.
Below, we break down what each change means and how to protect yourself.
ICE Arrests of Domestic Travelers at Airports
In a significant escalation of immigration enforcement, ICE has expanded its presence at domestic airports, arresting individuals with expired visas even when they have pending extension applications or adjustment-of-status petitions actively before USCIS. Since mid-2025, TSA has been sharing air traveler data with ICE, enabling agents to identify and detain travelers during domestic flights — a departure from the traditional focus on international ports of entry. Attorneys report that those targeted include spouses of U.S. citizens, as well as non-immigrant visa holders, and individuals traveling for family emergencies, many of whom had valid work authorization and no criminal history. The policy has created widespread uncertainty, as having a pending visa extension, green card application, or Employment Authorization Document does not confer lawful status for purposes of avoiding detention. Noncitizens with expired I-94's should exercise extreme caution before traveling by air within the United States, even if there is an application for change, extension or adjustment of status pending with USCIS,as the new interagency cooperation between TSA and ICE marks an enforcement posture unseen in prior administrations.
USCIS May Deny Cases without Requesting Additional Evidence
On August 5, 2026, USCIS announced it has restored officers' full discretion to deny benefit requests, including visa petitions, green card applications, and extensions, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Previously, officers were generally expected to give applicants a chance to cure deficiencies before a denial. Under the restored policy, if the record as filed does not establish eligibility, USCIS can simply deny it outright. The agency stated the change is meant to reduce frivolous filings and reinforce evidence standards, but in practice, it eliminates a critical safety net, particularly for complex cases where a small documentation gap could now mean a straight denial with no opportunity to supplement.
Since this announcement, we are seeing that USCIS has continued to issue RFE’s, but rather than having 87 days to respond, as has been standard practice for more than a decade, USCIS is now requiring responses to be prepared and submitted within 30 days.
According to Reuters, the U.S. State Department has paused immigrant visa appointments for applicants worldwide while it conducts a global training initiative for consular officers at U.S. embassies and consulates.
The State Department said visa-service appointments are being adjusted to accommodate the training. Some immigrant visa applicants with interviews already scheduled have reportedly received notices that their appointments are being rescheduled, with new appointment dates to be provided later.
The training is intended to help consular officers evaluate applicants consistently, including screening related to whether an applicant may become dependent on U.S. public benefits.
⚠️ Important distinction: This reported pause applies to immigrant visa appointments. It is not a worldwide suspension of all nonimmigrant visa appointments.
The State Department has not yet provided a specific timeline for how long the training initiative or resulting appointment adjustments will last.
For individuals currently going through consular processing, it is especially important to monitor communications from the U.S. embassy or consulate handling the case and watch for further Department of State updates.
IMMIGRATION UPDATE: Immigrant Visa Appointments Paused Worldwide
Use of Advance Parole with History of Unlawful Presence Now a Bar to Re-entry
A significant new decision from the Board of Immigration Appeals (BIA) that may substantially affect individuals who have accrued unlawful presence and are relying on advance parole to travel internationally.
Advance parole is al travel document issued by USCIS that allows certain noncitizens inside the U.S. to leave the country temporarily and return legally without a visa. Many people with green card applications pending in the U.S. have advance parole.
On August 13, 2026, the Board of Immigration Appeals (BIA) issued a precedential decision in Matter of Delcarmen-Lara, expressly overruling the longstanding holding in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012). The Board held that a departure from the United States pursuant to advance parole is a "departure" for purposes of triggering the unlawful presence bars under INA § 212(a)(9)(B).
For more than a decade, Arrabally allowed individuals who had accrued unlawful presence to travel on advance parole without triggering the 3-year or 10-year unlawful presence bars because such travel was not considered a "departure" under the statute. Delcarmen-Lara rejects that interpretation, concluding that the plain language of the INA contains no exception for departures made under advance parole. The Board further held that its new interpretation will apply prospectively, recognizing the significant reliance interests created by the prior precedent.
This means that anyone who has ever been unlawfully present in the U.S. for 180 days or more, and uses advance parole to travel after August 13, 2026 may be barred from re-entry to the U.S, for a period of 3 year or 10 years. The length of the ban depends on the length of the overstay.
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Anyone who overstayed 180-364 days is barred from re-entry for 3 years.
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Anyone who overstayed for 365 days or more is barred from re-entry to the U.S. for 10 years.
Let's start by talking about what is NOT considered unlawful presence:
- Timely filed change or extension of status: If you hold a valid non-immigrant status, (such as F-1, B-2, O-1, among many others), and apply to change or extend your status while you are still in valid status, you do not accrue unlawful presence while the case is pending.
- Pending asylum application: Unlawful presence generally does not accrue while the asylum application is pending, unless the asylum application is frivolous, the applicant engages in unauthorized employment, or the applicant causes unwarranted delays in the asylum process.
- F, J, and M nonimmigrants admitted for "Duration of Status" (D/S): Prior to September 2026, these visa holders generally do not accrue unlawful presence;
- Under age 18: Time before the individual's 18th birthday does not count as unlawful presence.
- Pending adjustment of status (Form I-485): A properly filed adjustment application generally places the applicant in a period of stay authorized while it remains pending.
- Temporary Protected Status (TPS): During a valid TPS period, beneficiaries generally do not accrue unlawful presence.
- Bona fide reinstatement application (certain F, J, or M students) – A timely reinstatement request may toll unlawful presence under USCIS policy if approved (and in some circumstances while pending).
What IS considered unlawful presence:
- Unlawful Entry: Entering the United States without inspection by a Customs and Border Protection Officer at an authorized point of entry.
- Overstaying: Entering the U.S. legally and overstaying a period of authorized stay. This includes remaining in the U.S. for 180 days or more following a denial of a request to change or extend status.
If you've never been unlawfully present, you don't have to do anything.
If you have ever been unlawfully present in the U.S., avoid travel using advance parole until speaking with an attorney to determine whether it's safe.
What does this mean?
How do I know if I've been unlawfully present in the U.S.?
What should I do now?
Keeping Your Address Updated with USCIS
U.S. immigration law requires most non-citizens to notify U.S. Citizenship and Immigration Services (USCIS) of any change of address within 10 days of moving. The easiest way to do this is through your USCIS online account portal, where you can update your address and link the change to any pending applications so that case-related notices are sent to the correct location. You can find instructions for creating your USCIS Online Account HERE.
Individuals may also update their address by submitting Form AR-11, Alien’s Change of Address Card, either online or by mail. Keeping your address current helps ensure that you receive important correspondence from USCIS, such as biometrics appointments, Requests for Evidence, or interview notices, and helps avoid delays or complications in pending immigration matters.
**Please note that only O-1 petitioners are able to see the status of O-1 cases through their portals. O-1 beneficiaries are NOT able to access O-1 case information through their USCIS online account.
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