Immigration Law Changelog, Mendez Immigration Firm

Eleventh Circuit: Matter of Reyes-Vasquez, Remands BIA Decision on the 'Particularly Serious Crime' Bar, Narrowing the Aggravated Felony Analysis for Florida Asylum Seekers

Sat, 05 Sep 2026 00:00:00 +0000

The U.S. Court of Appeals for the Eleventh Circuit issued a published decision in Matter of Reyes-Vasquez, 116 F.4th 1290 (11th Cir. 2026), remanding a Board of Immigration Appeals decision that had applied the particularly serious crime bar to bar a Florida asylum applicant. The court held that the BIA failed to apply the proper multi-factor test, which requires an individualized assessment of the nature of the conviction, the circumstances of the offense, and the sentence imposed, rather than a categorical conclusion based on the offense label alone. The decision is binding on all immigration courts in Florida, Georgia, and Alabama and is expected to affect asylum and withholding claims where the applicant has a prior criminal conviction.

Sources: Eleventh Circuit Published Opinion (No. 25-10432)

USCIS Policy Manual Update: Revised English and Civics Waiver Adjudication for Naturalization Applicants Age 50+ with Long-Term Residence

Thu, 20 Aug 2026 00:00:00 +0000

USCIS updated Volume 12 of the Policy Manual with revised guidance for adjudicating the English-language and civics testing exemptions available to naturalization applicants who are age 50 or older and have lived in the United States as lawful permanent residents for at least 20 years (or age 55 with at least 15 years). The update clarifies that officers must accept any reasonable form of proof of the residence period, including tax returns, rental records, and school enrollment documents, rather than requiring a specific document type. It also directs officers to honor the applicant's preferred language for the civics interview when an interpreter is used. The change is effective immediately.

Sources: USCIS Policy Manual Volume 12, USCIS News Alert

September 2026 Visa Bulletin: F2A Becomes Current for Mexico and Most Chargeability Areas; EB-3 Worldwide Advances Three Months

Sat, 08 Aug 2026 00:00:00 +0000

The Department of State released the September 2026 Visa Bulletin. The F2A category (spouses and unmarried children under 21 of lawful permanent residents) became current for Mexico, the Philippines, and most other chargeability areas, meaning eligible applicants may file adjustment of status or apply for an immigrant visa without waiting for a priority date to become available. Employment-based EB-3 for all chargeability areas other than India and China advanced three months to February 2024. EB-2 for India advanced five weeks while EB-3 for India and China each advanced one month. Family first-preference (F1) for Mexico advanced six weeks to September 2003.

Sources: Visa Bulletin September 2026

TPS Venezuela Extended Through March 2028; EAD Auto-Extended Through September 2027

Fri, 01 Aug 2026 00:00:00 +0000

DHS published a Federal Register notice extending Venezuela's TPS designation for 18 months. Current beneficiaries must re-register during the 60-day window opening August 15, 2026. Employment Authorization Documents with a March 2026 expiration are automatically extended through September 10, 2027. This is the fourth extension since Venezuela's original 2021 designation. New applicants who have continuously resided in the U.S. since July 31, 2026 are eligible under the redesignation.

Sources: Federal Register Notice (2026-16543), USCIS TPS Venezuela Page

BIA Precedent: Matter of L-C-G- Clarifies Particular Social Group Framework for Domestic Violence Asylum Claims

Mon, 28 Jul 2026 00:00:00 +0000

The Board of Immigration Appeals issued a published precedent decision in Matter of L-C-G-, 28 I&N Dec. 455 (BIA 2026), holding that 'married women in [Country X] who are unable to leave the relationship' may constitute a cognizable particular social group when the society in question tolerates domestic violence and the government is unable or unwilling to protect the victim. The decision provides a detailed three-part test for adjudicators: (1) immutability or fundamentality of the shared characteristic, (2) social distinction within the society, and (3) particularity of the group description. This decision will affect asylum claims across all circuits.

Sources: BIA Precedent Decision (28 I&N Dec. 455, BIA 2026), EOIR Announcement

Eleventh Circuit: Matter of Martinez-Rodriguez, Defective NTA Does Not Deprive Immigration Court of Jurisdiction When Notice Is Later Cured

Tue, 15 Jul 2026 00:00:00 +0000

The U.S. Court of Appeals for the Eleventh Circuit published Martinez-Rodriguez v. Garland, holding that a Notice to Appear that omits the time and date of the initial hearing does not automatically deprive the immigration court of subject matter jurisdiction. The court held that when a subsequent notice provides the missing information and the respondent appears, the jurisdictional defect is cured. This is binding law for all immigration cases in Florida, Georgia, and Alabama. The decision creates a circuit split with the Fourth and Ninth Circuits, making Supreme Court review likely.

Sources: Eleventh Circuit Published Opinion (No. 24-11782)

August 2026 Visa Bulletin: F2A Mexico Advances 14 Months; EB-3 India and China Each Advance 3 Weeks

Thu, 10 Jul 2026 00:00:00 +0000

The Department of State released the August 2026 Visa Bulletin. Most notably, the F2A category (spouses and children of permanent residents) for Mexico advanced 14 months to December 2023, the largest single-month advance in this category since 2021. Employment-based EB-3 for India and China each moved forward three weeks. All other family preference categories for Mexico, Central America, and the Caribbean remained unchanged or advanced by one to two weeks. The adjustment of status filing dates for August follow the Dates for Filing chart.

Sources: Visa Bulletin August 2026

USCIS Final Fee Rule: New Fee Schedule Effective August 15; I-130 Increases to $675, N-400 to $760

Wed, 02 Jul 2026 00:00:00 +0000

USCIS published its biennial fee adjustment final rule in the Federal Register. Key changes include: Form I-130 (Family Petition) increases from $625 to $675; Form N-400 (Naturalization) increases from $725 to $760, though the reduced-fee option for applicants at 150-200% of the poverty line remains at $380; Form I-485 (Adjustment of Status) increases from $1,440 to $1,525 including biometrics. The rule eliminates separate biometrics fees and incorporates them into the base form fees. Premium processing fees increase to $2,875 for I-129 and $1,685 for I-140. Fee waivers remain available under the existing eligibility criteria.

Sources: Federal Register Notice (2026-14231), USCIS Fee Schedule Page

Supreme Court: DHS v. Regents, TPS Termination Decisions Are Subject to APA Arbitrary-and-Capricious Review

Sun, 22 Jun 2026 00:00:00 +0000

The Supreme Court held 6-3 that DHS decisions to terminate TPS designations are judicially reviewable under the Administrative Procedure Act's arbitrary-and-capricious standard, resolving a long-running circuit split. Writing for the majority, Justice Barrett stated that 'the Secretary's TPS termination authority, while broad, is not exempt from reasoned decision-making requirements.' The decision does not itself terminate any designation but establishes that prior and future termination decisions must be supported by a rational administrative record. The ruling is expected to affect pending litigation over TPS terminations for several countries.

Sources: Supreme Court Opinion (No. 24-897)

USCIS Policy Manual Update: Revised Credible Fear Interview Guidance Incorporates Matter of L-C-G- Framework

Sun, 15 Jun 2026 00:00:00 +0000

USCIS updated Volume 7 of the Policy Manual with new guidance for asylum officers conducting credible fear interviews. The revised chapter instructs officers to evaluate particular-social-group formulations under the framework the BIA established, requiring analysis of immutability, social distinction, and particularity. The update also directs officers to consider country-condition evidence provided by the applicant at the credible fear stage, rather than deferring that analysis to the merits hearing. This change may result in higher credible fear passage rates for certain claim types.

Sources: USCIS Policy Manual Volume 7

EOIR Practice Manual Update: New Electronic Filing Requirements for Form EOIR-28 (Notice of Appearance)

Sun, 08 Jun 2026 00:00:00 +0000

The Executive Office for Immigration Review published amendments to the Immigration Court Practice Manual requiring electronic filing of Form EOIR-28 (Notice of Entry of Appearance) through the EOIR Courts & Appeals System for all cases pending at immigration courts that have implemented ECAS. Paper-filed EOIR-28 forms will be rejected at those courts effective September 1, 2026. The update also modifies the deadline for filing an EOIR-28 from the day of the first master calendar hearing to at least three business days before that hearing.

Sources: EOIR Practice Manual, EOIR Announcement

DHS Policy Memorandum: Revised Civil Immigration Enforcement Priorities for FY 2027

Tue, 20 May 2026 00:00:00 +0000

The Department of Homeland Security issued a policy memorandum revising civil immigration enforcement priorities for Fiscal Year 2027, effective October 1, 2026. The memo maintains three priority tiers but expands the national security and public safety tier to include noncitizens with any felony conviction within the prior ten years, rather than only aggravated felonies. The border security tier is also expanded to include noncitizens encountered within 150 miles of the border (up from 100 miles in the current guidance). The memo explicitly states that noncitizens who fall outside these three tiers 'should not be considered enforcement priorities absent extraordinary circumstances.'

Sources: DHS Policy Memorandum

District Court Preliminary Injunction: Ramos v. DHS, Haiti TPS Termination Preliminarily Enjoined; Current Beneficiaries Maintain Status Pending Merits Decision

Mon, 12 May 2026 00:00:00 +0000

The U.S. District Court for the Southern District of Florida granted a preliminary injunction in Ramos v. DHS, temporarily blocking DHS from terminating Haiti's TPS designation while the case proceeds. The court held that the plaintiffs demonstrated a substantial likelihood of success on their claim that the termination decision was arbitrary and capricious under the Supreme Court's recent ruling in DHS v. Regents. Current Haiti TPS beneficiaries retain their status and employment authorization during the injunction. The court ordered the parties to submit a briefing schedule for summary judgment within 30 days. This is the most significant Haiti TPS development since the post-earthquake designation.

Sources: CourtListener Docket, Ramos v. DHS (No. 0:26-cv-60892)

State Department: Kyiv Embassy Resumes Full Immigrant Visa Processing; All Categories Now Being Scheduled

Mon, 28 Apr 2026 00:00:00 +0000

The Department of State announced that the U.S. Embassy in Kyiv has resumed full immigrant visa processing for all family-based and employment-based categories, following a phased reopening that began earlier this year. Priority dates for Ukrainian applicants will be processed according to the standard worldwide chargeability chart rather than any separate allocation. The embassy noted that interview wait times remain extended due to accumulated demand and advises applicants to expect 60-90 day scheduling delays. Consular processing in Warsaw, which handled overflow during the suspension, will continue as an alternative for applicants who prefer it.

Sources: DOS Travel Advisory Ukraine

ICE: Form I-246 (Application for Stay of Deportation) Updated Edition Required Starting June 1; Prior Editions Rejected

Thu, 10 Apr 2026 00:00:00 +0000

U.S. Immigration and Customs Enforcement published an updated edition of Form I-246 (Application for Stay of Deportation or Removal) with an edition date of 04/01/26. Starting June 1, 2026, only the new edition will be accepted. The updated form adds a section requiring the applicant to list all prior stays of removal granted, the dates, and the grounds on which each was requested. It also adds a certification that the applicant has disclosed all prior immigration relief applications. Practitioners should note that a stay application filed on the wrong form edition will be rejected, not denied, and can be refiled, but the stay of removal will not be in effect during the refiling period.

Sources: ICE Form I-246 Page, ICE News Release