Recent Changes to USCIS Policies: What you need to know

USCIS Policy Shifts: Staying Updated is Crucial

The landscape of immigration can alter rapidly, as evidenced by the latest developments from the United States Citizenship and Immigration Services (USCIS) this August. These modifications could directly impact those with ongoing applications, children nearing ineligibility due to age, or individuals reliant on the ACA marketplace for health coverage. Staying abreast of these changes and acting promptly is essential.

Revised Policy on Child Status Protection Act (CSPA)

As of August 15, a significant change has been applied by USCIS in how a child’s age is calculated under the Child Status Protection Act. This change relies solely on the "Final Action Dates" from the Visa Bulletin. For those with children approaching the age of 21, this update might significantly reduce the period during which they are protected. This adjustment pertains to both status adjustments and immigrant visa applications filed from that date onward. Especially affected will be applicants in categories facing delays.

Increased Discretion in Decision Making

On August 19, USCIS expanded the discretionary factors that immigration officers might use in adjudicating applications. Areas of new focus now encompass previous parole requests, links to anti-American or terrorist groups, and any evidence of antisemitic actions. Even in the absence of a formal inadmissibility finding, these factors could sway the outcome of applications.

Clarification on Family-Based Green Card Petitions and Removal Proceedings

USCIS clarified on August 1 that being involved in a pending family-based green card petition does not equate to lawful status or provide protection from deportation proceedings. This means that individuals with such pending petitions could still receive Notices to Appear and face deportation. Additionally, returning to the U.S. armed only with a pending petition may lead to being denied re-entry.

Impact on DACA Recipients and ACA Coverage

A major update took effect on August 25 concerning Deferred Action for Childhood Arrivals (DACA) beneficiaries, who are now excluded from eligibility for health insurance through the ACA marketplace. Those currently signed up will receive notices of termination and must seek alternative coverage options. For detailed information regarding state-specific regulations, visit the official healthcare site.

Understanding the Broader 2025 Immigration Policy Context

These updates add to notable policy shifts introduced earlier in the year, such as:

• Temporary Protected Status (TPS): The Department of Homeland Security extended or newly designated TPS for citizens of countries like Venezuela, Haiti, El Salvador, and Sudan, offering new registration opportunities.

• Fee Adjustments: USCIS has raised filing fees for forms including I-129 (non-immigrant worker), N-400 (naturalization), and I-485 (status adjustment).

• Mandatory Digital Filing: There's been a push for transitioning more applications to online submission via a USCIS account, necessitating digital accessibility.

• Visa Bulletin Delays: Backlogs persist in family and employment-based visa categories, making it crucial for stakeholders to vigilantly track monthly updates.

Next Steps for Affected Applicants

These changes signal a broader trend toward more stringent enforcement and tighter eligibility requirements within immigration services. If you or your loved ones have applications in progress, children nearing age-specific milestones, or are uncertain about health coverage statuses, it's imperative to seek expert legal advice. Proactive measures can help secure your options and mitigate uncertainties.

Our office is here to help with your immigration needs, give us a call today for a free consultation.