USCIS recently introduced an important change affecting green card applicants who rely on a sponsor to meet the financial requirements for the I-864 Affidavit of Support.
Form I-864, Affidavit of Support, is a legally binding form used to show that a green card applicant has sufficient financial support and is unlikely to become a public charge. The sponsor of the I-864 is generally the U.S. citizen or lawful permanent resident who filed the immigrant petition. If the petitioner does not meet the income requirement for their household size, a joint sponsor may be needed.
Under new USCIS policies, sponsors and joint sponsors are now required to provide additional financial information, including their credit score and credit report.
USCIS has also released a new edition of Form I-864 reflecting these changes, which will be required beginning October 1.
Why does this matter?
A sponsor or joint sponsor with poor credit, high debt, late payments, collections, or bankruptcy could face greater scrutiny because USCIS may question whether they are financially capable of supporting the intending immigrant. This could result in requests for additional evidence, processing delays, or a determination that the sponsor or joint sponsor does not qualify.
If a sponsor has a credit or security freeze in place, USCIS may be unable to access the information needed to evaluate Form I-864.
Are you interested in starting a business in the United States? Here’s the catch: the U.S. does not have a dedicated “founder visa” for entrepreneurs. There is no single visa that simply lets you move to America, launch a company, and start building. But that does not mean entrepreneurs are out of options.
Depending on your country of nationality and long-term goals, there are four key visa pathways that can allow founders and business owners to live and work in the United States while bringing their families with them. These are the E-2, L-1A, O-1A, and EB-5 visas.
First, it’s important to ask these four questions to help determine which visa options may be available to you:
Are you a citizen of an E-2 treaty country? If so, the E-2 treaty investor visa may be an option.
Do you own or operate an established business outside the United States? The L-1 visa may allow you to expand that business into the U.S. to work as a company executive.
Do you have a record of extraordinary ability or significant achievements in your field? These achievements may qualify you for the O-1A visa.
Can you invest $800,000 or $1,050,000 in a U.S. business and meet the job-creation requirements? In this case, the EB-5 immigrant investor program could be the easiest way to immigrate to the U.S.
1. The E-2 Treaty Investor Visa
If you are a citizen of a treaty country (such as Canada, Mexico, Israel, the UK, etc), then you may be eligible for the E-2 treaty investor visa program. (Check whether your country qualifies for the E-2 visa by viewing the U.S. Department of State’s list of treaty countries here).
What is the E-2 Visa?
The E-2 treaty investor visa allows citizens of qualifying treaty countries to come to the United States to develop and operate a U.S. business in which they have made a substantial investment.
There is no fixed minimum investment amount required. Instead, the investment must be substantial compared to the type and cost of the business. This may be satisfied with a $50,000 to $100,000 investment depending on the nature of your business.
The investor must be prepared to demonstrate the lawful source of the funds used for investment in the business. For example, if the source of the investment amount is income earned from salary, the investor must show proof of the income accumulation from salary (bank account statements, pay slips etc.) as well as relevant income tax returns during the period the income was earned. If the investment was earned through the sale of property, the investor must document the source of funds for the initial purchase of the property, and money earned from the eventual sale.
You Must Play an Active Role in Your Business
The E-2 visa is designed for investors who will actively develop and direct their U.S. business. In other words, you cannot simply make a passive investment and have no involvement in the company. You must be coming to the United States to oversee the business, make important decisions, and play an active role in its operations and growth.
The days of mailing immigration applications to USCIS may soon be coming to an end.
A new rule effective August 11th gives USCIS the power to require certain immigration forms to be filed electronically instead of on paper.
This is changing how immigration cases are filed and how applicants move through the process. As USCIS shifts more forms online, we can expect confusion, filing mistakes, and cases being rejected for failing to follow the new electronic filing requirements.
In this blog, we will explain why USCIS is making this change, when the new rule will begin affecting applicants, and what you can do now to prepare for mandatory online filing.
What Is the New Rule About?
USCIS will be able to require certain immigration forms, supporting documents, and filing fees to be submitted electronically instead of by mail. This is similar to the way in with the U.S. Department of State has required online filing of visa applications where applicants are required to submit electronic forms to DOS through its online system, Consular Electronic Application Center.
Once USCIS makes online filing mandatory for a particular form, applicants will generally have to complete the entire filing through a USCIS online account unless they qualify for a limited exception or waiver.
USCIS must provide at least 60 days’ notice before requiring a specific form to be filed electronically.
October 1 can change everything for green card applicants stuck in the immigrant visa backlog. With the start of the new fiscal year, a fresh supply of immigrant visa numbers becomes available—and applicants who are ready can move fast when their priority dates become current. If your case is close, the time to prepare is before October 1, not after.
If you are from India, China, the Philippines, or Mexico, you may already be familiar with the effects of high demand and limited immigrant visa availability. For example, the EB-2 category for India has been unavailable for final action since July 2026 because of heavy demand. On the family-sponsored side, countries such as India and Mexico have also faced significant backlogs as visa demand has outpaced the number of available visas.
While demand from these countries is expected to remain high, the October 1 fiscal-year reset brings a new annual supply of immigrant visa numbers, which can allow more applicants to move forward with interviews and final visa issuance.
In this video, we break down what you need to know—and what you should do now—to put yourself in the strongest position before October 1.
What Is the End-of-Year Fiscal Reset?
The U.S. government’s fiscal year runs from October 1 through September 30, and many employment- and family-based immigrant visa categories are subject to annual numerical limits set by Congress.
Except for immediate relatives of U.S. citizens, applicants generally must wait until an immigrant visa number becomes available based on their priority date and country of nationality before they can be scheduled for an interview and ultimately receive an immigrant visa.
When the new fiscal year begins on October 1, those annual visa limits reset, allowing the government to begin using a new supply of immigrant visa numbers.
For applicants stuck in backlogged categories like EB-2 India and F2A Mexico, this reset is especially important because the allocation of new visa numbers creates new opportunities for eligible applicants to move forward in the green card process.
If you’re applying for U.S. citizenship in 2026 or beyond, pay close attention. Every year, hundreds of applicants are denied citizenship because of three common mistakes—and they have nothing to do with failing the civics test.
In this video, I’ll explain exactly what those three mistakes are. These are serious issues that can cause a USCIS officer to stop your interview, close your case, and ultimately deny your citizenship application.
What are the requirements to apply for U.S. citizenship?
Generally, a green-card holder must meet these requirements:
Be at least 18 years old when filing Form N-400.
Have been a lawful permanent resident for at least 5 years. There is a separate 3-year rule for certain applicants who obtained their green card through marriage to a U.S. Citizen
Maintain continuous residence in the United States during the required 5-year or 3-year period. Long trips outside the U.S., especially trips of 6 months or longer, can create problems.
Be physically present in the United States for at least 30 months of the previous 5 years. Under the 3-year marriage rule, the requirement is generally at least 18 months.
Demonstrate good moral character. USCIS generally examines at least the statutory 5-year or 3-year period, although conduct from earlier periods can also be taken into account
Demonstrate basic English ability by speaking, reading, and writing English, unless you qualify for an age/residency or disability exception.
Pass the U.S. civics test, unless an exception applies. For N-400 applications filed on or after October 20, 2025, USCIS uses the 2025 naturalization civics test.
The U.S. government has announced major changes affecting certain foreign nationals who were previously admitted for “duration of status,” commonly listed as “D/S” on Form I-94. Instead of remaining in the United States for the duration of their authorized program or activity, affected individuals will be admitted for a fixed period of time, generally limited to four years.
The new rule will affect individuals currently in the United States, as well as those preparing to enter under the following visa classifications:
F visa holders: International students and their dependents;
J visa holders: Exchange visitors and their dependents; and
I visa holders: Representatives of foreign information media and their dependents.
These changes may also affect how long individuals can remain in the United States and, for international students, their ability to pursue employment authorization after graduation. The rule is scheduled to take effect on September 15, 2026.
Old Rule
Under the previous rule, F, J, and I visa holders were generally admitted to the United States without a specific departure date on Form I-94. Instead, their Form I-94 displayed “D/S,” which stands for “Duration of Status.”
This allowed them to remain in the United States for as long as they continued to follow the requirements of their visa category. For example, an F-1 student could remain while maintaining a full course of study, and a J-1 exchange visitor could remain while participating in an authorized exchange program.
For students, duration of status could also include authorized practical training and any applicable grace period after completing their program. However, D/S did not allow someone to remain in the United States indefinitely. A person who failed to maintain status could lose their authorization to stay.
Imagine you are a green card holder planning summer travel with your family. You take your vacation, enjoy your trip, and return to the United States expecting to come home. But at the port of entry, CBP sends you to secondary inspection.
You have no criminal convictions. You only have pending charges — allegations that have not yet been proven. Still, CBP officers do not immediately allow you back into the country. Suddenly, your ability to reenter the United States is uncertain.
This is not science fiction. This is the reality created by a new Supreme Court decision that could make international travel riskier and more complicated for green card holders returning to the United States.
New Court Decision
That scenario is exactly why the Supreme Court’s decision in Blanche v. Lau matters. In that case, the Court held that a green card holder returning from international travel may face serious problems at the airport based on certain pending or alleged criminal conduct, even before there is a conviction.
The ruling does not mean that every pending charge will automatically result in denial of entry. However, it gives CBP and DHS more authority to treat certain returning green card holders as applicants seeking admission for the first time, rather than lawful permanent residents simply coming back home.
Before Lau
Before Blanche v. Lau, a lawful permanent resident generally had the right to return to the United States after temporary travel abroad, especially for trips under one year. In most cases, a green card holder only needed to answer questions confirming their identity and permanent resident status.
However, that right was not absolute. Immigration law has long allowed CBP to treat a green card holder as an “applicant for admission” in certain situations.
The new USCIS memo is finally showing its true colors.
Imagine coming to the U.S. legally, spending years doing everything right, and finally applying for your green card—only to be denied at the interview. Not because you are ineligible, but because a USCIS officer used the new USCIS memo to deny your case as a matter of discretion.
That’s exactly what happened in Michael’s case.
Real-Life Example: Green Card Denied Under the New USCIS Memo
Michael came to the United States legally 15 years ago on an F-1 student visa. Like many international students, he had plans to study, build a future, and follow the rules.
But life got difficult. Due to financial hardship and mental health struggles, Michael was unable to finish school. As a result, he fell out of F-1 status. To survive, he worked for a short period without authorization.
Years later, Michael married a U.S. citizen and applied for his green card through marriage.
At his green card interview, USCIS did not question whether their marriage was real. The problem was something else.
The officer told Michael that his green card would be denied under the new USCIS memo—not because he lacked eligibility through marriage, but because of the officer’s discretionary review of his past immigration violations. Continue reading
Good news for thousands of immigrants whose cases have been stuck in limbo: USCIS has resumed processing green card applications for nationals from 39 countries after a federal court ordered the agency to stop enforcing policies that had frozen thousands of cases.
For months, affected applicants faced uncertainty as green card applications, work permits, naturalization requests, and other immigration benefits remained stalled. Now, those cases are moving forward again.
But before anyone celebrates too soon, there’s a catch.
The federal government has already appealed the court’s ruling, meaning this legal battle is far from over. While USCIS is currently required to process these applications, future court decisions could change the landscape once again.
It’s also important to understand what this ruling does—and does not—do. The court ordered USCIS to resume adjudicating cases, but it did not order the agency to approve them. Applicants must still meet all eligibility requirements under U.S. immigration law.
Additionally, the judge’s order does not affect the separate temporary suspension of immigrant visa processing for nationals of 75 countries, which remains in effect.
For individuals and families who have spent months waiting for updates, this decision offers a long-awaited opportunity to move their cases forward. Employers may also begin seeing progress on petitions and applications that were previously stalled.
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, signaling a major change in how green card applications filed inside the United States (known as Adjustment of Status) may be reviewed. The memo emphasizes that Adjustment of Status (AOS) is not an automatic benefit, even when an applicant meets all legal eligibility requirements.
Instead, USCIS officers are instructed to conduct a broader discretionary review known as a “totality of the circumstances” evaluation to consider whether the applicant should complete the immigrant visa process abroad through a U.S. consulate instead.
The policy effectively shifts AOS from being viewed as a routine pathway for eligible applicants to being treated as an “extraordinary” discretionary form of relief.
What’s changed: USCIS officers are directed to weigh both positive and negative factors on a case-by-case basis when deciding whether to approve a green card application.
The memo will lead to increased scrutiny at green card interviews, and the issuance of more requests for evidence. Certain applicants may even be forced to pursue consular processing abroad rather than adjusting status from within the United States.
Immigration Lawyer Blog
