Immigration updates: October 13, 2026

40 countries you won’t believe protect human rights

document everything

We’re getting a glimpse into how the embassies will start implementing the administration’s new public charge policies and it’s totality-of-circumstances framework.

Of the various grounds for finding that a person is inadmissible to the U.S., that for “public charge” is based on a finding that the likelihood that an applicant will become dependent on government support. Of the factors to be considered, consular officers will be looking at age, health, family circumstances, financial resources, education and skills.

Most family-based applicants must provide an Affidavit of Support, generally Form I-864, from the petitioning relative, supported by tax returns and other financial evidence. Sponsors generally must show income of at least 125% of the federal poverty guidelines for their household size. If their income is insufficient, qualifying assets, household income or a joint sponsor may help meet the requirement.

Most employment-based applicants do not need this affidavit, although exceptions apply when a qualifying relative filed the petition or owns a significant share of the petitioning business. That exemption does not remove them from public-charge review. Nor does a sufficient affidavit automatically resolve the inquiry for a family-based applicant.

It appears that each consular post will have room to develop their own policies, as the American Immigration Lawyers Association has obtained questionnaires from several U.S. embassies, each with a different emphasis. Some require the applicant to respond to explain housing, expected employment, education and licensing, anticipated salary, health-insurance coverage and premiums, household assets, and liabilities. Others go further into medical needs, household dependents, after-tax income, debts, past or current public assistance, government-funded institutional care, and a joint sponsor’s prior use of benefits.

Those who are employed (or are the recipients of an employment-based case) should be prepared to provide a simple description of their role, including starting date and compensation, along with how they will be obtaining health coverage, housing, and what their access to other resources will be. Best practice would be to document each of these factors. Failure to adequately do so may result in the officer’s request of a bond.

“Go after anybody”

Following increased pressure from ICE leadership on officers to increase quotas for arrest, this week saw a surge of enforcement surge across the United States, including sweeps throughout agricultural areas in California, particularly San Joaquin Valley.

Guidance for employers remains unchanged: designate a point person to communicate with counsel, clearly mark off nonpublic from public areas, preserve relevant records (including Forms I-9), and train staff on how to avoid either obstructing or improperly divulging information.

one way to end “chain migration”

A family-based case involves two major parts. The first steps establishes the basis upon which the foreign national can then, in the second step, apply for the green card. The foundation is the Petition for Alien Relative (on Form I-130) filed by the U.S. citizen or permanent resident on behalf of their foreign relative.

Once it has been established that there is a valid relationship within a particular category (e.g., minor child of permanent resident, parent of adult U.S. citizen, etc.), and an immigrant visa (green card) is available in that particular category, then the foreign national can move forward with their own application.

In certain instances both stages can be initiated the same time in a “1-step” filing, through a process called adjustment of status. But the traditional route, including all cases run through a U.S. consular post (commonly referred to as “consular processing”), requires that the I-130 be approved before the next stage can be initiated. These typically involve circumstances in which the foreign national is residing outside of the U.S.

Such “stand alone” I-130 petitions have traditionally been processed at a USCIS regional service center. If approved, the case will typically proceed to National Visa Center (en route to the consular post). If the person is eligible for adjustment of status, the approved petition is sent to the relevant USCIS local field office.

However, it has become apparent that, without any announced policy, many of these I-130 filings are now being sent to local field offices for interviews, with predictably variable results and timeframes.

There are a number methodologies for estimating processing times, but the common metric used on the USCIS website is backwards-looking: of the cases being completed on a particular day, how long ago were 80% of them filed? Over the last 5 years, an I-130 filed for a the spouse or parent of a U.S. citizen took 12.8 months. Today that number is 25.8 months for a service center: and 83.5 months for the average field office. Which essentially means that nobody really knows how long it will take a case to go through a particular local office: timeframes for standalone I-130 petitions at field offices are not posted. Also unknown: what does a marriage interview look like when one spouse is overseas?

a listicle from the BIA

The Board of Immigration Appeals, in Matter of B-S-A-N-, essentially precluded asylum claims from citizens of developed democracies with a record of protecting human rights: unless the issue is to do with extraordinary national-security or foreign-policy considerations. It turns out there are exactly 40 of them. The BIA in fact created a list that includes all the EU members, the UK and a few of its former colonies, Japan, and South Korea: San Marino and Liechtenstein both received shout outs. (The reasoning was partially based on the fact that an EU citizen can move throughout Euro Zone to avoid persecution in any one member state.) Claims related to these countries can be essentially dismissed before a full evidentiary hearing.

This case involved a dual-citizen of France and Gabon who expressed fear of retaliation for her family’s opposition to Gabon’s former ruling party, including by Gabonese agents in France, despite the fact that her sisters lived in France without harm.

this week in maddening

Over 500 U.S.citizens have been detained under this administration by an agency purchasing shock gloves, lying covering up its actions, and looking to charge international students $70K for to work. But a least a woman shot five times is suing.

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