immigration updates: August 26, 2026

**75-country visa ban struck down: public charge can’t be presumed by nationality . . . **

In January, the Department of State effectively suspended the processing of green cards to nationals of 75 countries, on the basis that nationals of those countries were all a “high risk” of becoming of becoming a public charge: i.e., dependent on public financial support. (Somehow this also included those immigrating on the basis of their employment.)

Shortly thereafter, a number of organizations challenged the visa ban in Clinic v. Rubio, citing Congressional law, administrative regulations, separation-of-powers principles, and the Fifth Amendment.

On Friday, the U.S. District Court for the Southern District of New York (SDNY) vacated this policy on statutory and regulatory grounds alone, directing that DOS must proceed to evaluate each application on a case-by-case basis.

There is at this moment no guidance as to implementation. An appeal by the administration may be forthcoming.

**. . . but they are really trying to apply it at the embassies . . . **

We last touched on the new public charge rule in July, and the visitor visa bond pilot program two weeks ago, under which green card applicants in certain countries may be required to pay a bond if they are found to be a “public charge” at their interview. The public charge bonds for immigrant visa applicants, meanwhile, targets those applying for a green card.

Under this program: 1) the consular officer denies (refuses) the application under INA § 212(a)(4); 2) the applicant is then selected and notified by a consular officer to make a separate application USCIS for a bond; 3) the applicant then provides notification of the approval to the consular officer; and 4) if the applicant is otherwise eligible, the officer may then issue the visa.

It has now been reported that Santo Domingo will be the first post to begin implementing this process.

The amount of the bond will be determined on a case-by-case basis, in consideration of the totality of the circumstances. This is distinct from the visitor visa bond program, which provides specific bonds of $10,000, $15,000, or $20,000, depending on the country and circumstances.

. . . and now at USCIS as well.

As of September 18, all applications to adjust status (either postmarked or electronically submitted by that date) must be submitted on the new Form I-485. The updated form reflects the new public charge guidance, with ever more detailed questioning regarding health, family status, assets, resources, education, and skills.

Any means-tested public benefits received before that time will not be considered to have triggered the public charge ground, outside of public cash assistance for income maintenance and long-term institutionalization at government expense. Going forward, however, any and all means-tested benefits (think housing assistance, food stamps, financial aid, etc.) may be given heightened consideration. Everyone is subject: including those whose green card petitions were based on high-skilled employment or investment in the U.S.

As with the consular pilot program, if public charge is the only bar to adjustment, then USCIS may send (attached to a Notice of Intent to Deny) an invitation to submit Form I-945 with a cash or qualifying surety bond. USCIS says the amount will reflect the government assistance the applicant may be eligible to receive over the next five years.

more posts allow payments to expedite visitor visa

The premium visa scheduling pilot we touched on in July, in which a payment of $750 will expedite an appointment for a visitor visa application (within 10 business days), has now been expanded beyond Mission Mexico to Mission Canada and the embassies in Bogota, Guatemala City, San Jose, and Tegucigalpa. The program covers both B-1 business activity and B-2 tourism, and is set to run through December 31, 2026.

Limitations: the expedite fee depends on local availability and is nonrefundable, nontransferable, and forfeited if the applicant misses or cancels the appointment.

Making America older and smaller again

“The Trump administration’s policies will reduce legal immigration to the United States by an estimated 33% to 50%, or by 1.5 million to 2.4 million legal immigrants, by the end of Donald Trump’s four-year term,” according to a January 2026 National Foundation for American Policy. See here.

Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
Book appointment