Legislative Update

The Trump administration has issued a new rule concerning the “public charge” ground of inadmissibility on July 17, 2026.  Under U.S. immigration law, any applicant for an immigration benefit can be denied if they are likely to become a public charge.  A “public charge” is understood to be a person who is likely to utilize government benefits as a major source of subsistence now or in the future. However, the federal government has never formally defined the term and the interpretation of who may be considered a public charge has changed across different presidential administrations. The current administration’s rule does not set out an entire new policy on how a “public charge” is determined. Instead, the new rule leaves significant discretion in the hands of the U.S. Citizenship and Immigration Services’ officers increasing the likelihood of case-by-case determinations and adjudication inconsistencies. Consult your immigration legal counsel when preparing applications for immigration benefits, such as permanent residency (Green Cards), to ensure that each submission is supported by complete, accurate, and well-documented evidence.

Department of Homeland Security Update

The U.S. Department of Homeland Security (“DHS”) has ended the longstanding “duration of status” policy that, for decades, allowed foreign students to remain in the U.S. through the duration of their academic program, provided they maintained their immigration status. The policy was reflected in the issuance of Form I-94 to international students with a notation of “D/S” (i.e., duration of stay) rather than a fixed period of authorized stay. Under the new DHS rule, foreign students in F-1 status would be limited to a 4-year maximum stay in this country unless they apply for and receive an extension.  International students would also face new restrictions on changing their fields of study or transferring to another education institution.  The new policy allows the government to exercise a significant measure of control over the students’ academic progress and duration of stay in the U.S. The rule will be taking effect on September 15, 2026. Per DHS’s clarification, international students already in the U.S. may “remain through their current program period or up to four additional years.”

Department of State Update

The U.S. Department of State (“DOS”) has recently updated its instructions to nonimmigrant visa applicants scheduling their visa interview appointments with U.S. consulates abroad.  According to the instructions, all nonimmigrant visa applicants are required to schedule and attend their visa interviews at U.S. consular posts in their country of nationality or residence.  Nationals of countries with limited U.S. consular services must apply at the designated U.S. embassy or consulate unless they can provide evidence of lawful residence in another country.  Visa applicants applying outside their country of nationality or residence may face significantly longer appointment waiting times. Additionally, the DOS has advised that visa fees paid for applications submitted outside DOS-defined jurisdictions will not be refunded or transferred between consular offices.  This update highlights the importance of carefully planning the visa application process including selecting the appropriate consular post and accurately completing the online visa application and appointment scheduling process.

Did You Know?

Although filing for Adjustment of Status from within the U.S. was once relatively routine, the process has recently become more complex and may now require applicants to present additional evidence demonstrating why they should be permitted to complete the Green Card process in the U.S. Munsch Hardt's immigration team carefully evaluates and prepares every Adjustment of Status submission for both employment- and family-based applicants, ensuring that each case is strategically presented to USCIS to substantiate the applicant’s eligibility for status adjustment without departing the country.