Immigration Update • September 2026
Three Immigration Changes This Week—and What Actually Took Effect
A court blocked one major rule, a green-card filing change remains scheduled for September 18, and the October Visa Bulletin is still pending. Here is the current status.
Not every announced change became effective
Several immigration developments were expected during the same week. They affect different groups and should not be treated as one rule. The distinctions below are important for students, exchange visitors, adjustment-of-status applicants and families monitoring visa availability.
Student and Exchange Visitor Rule
A federal court temporarily blocked the DHS rule that would have replaced the longstanding “Duration of Status” framework for many F-1 students, J-1 exchange visitors and I-category foreign media representatives.
The existing Duration of Status framework remains in effect for now. The related September 15 editions of Forms I-539 and I-765 did not become mandatory as originally planned.
This is not a permanent resolution. Litigation continues, and future court or agency action could change the result.
Form I-485 • September 18
USCIS continues to list September 18, 2026 as the date for the new Form I-485 edition and updated public-charge guidance.
The correct form edition depends on the filing date. An outdated edition submitted after the applicable deadline may be rejected.
Public charge does not apply to every applicant. No one should stop healthcare or benefits solely because of information seen online.
October Visa Bulletin
The Department of State has not yet published the October 2026 Visa Bulletin.
The start of a new fiscal year can affect visa-number availability, but applicants should not assume that a family- or employment-based priority date will advance or become current.
Review the official bulletin after publication and confirm which chart USCIS authorizes adjustment applicants to use.
Practical steps before filing or making immigration decisions
- Download forms directly from USCIS and confirm the edition date immediately before filing.
- Do not rely on an article published before a late court ruling or agency update.
- Keep copies of every filing, receipt notice, Form I-20, Form DS-2019 and Form I-94 relevant to your case.
- Wait for the official Visa Bulletin before making assumptions about priority-date movement.
- Seek an individual review when a deadline, status question or government notice may affect you.
Frequently Asked Questions
Did the student and exchange-visitor rule permanently disappear?
No. The court temporarily blocked implementation while the lawsuit continues. The existing Duration of Status framework remains in place unless later court or government action changes the situation.
Does the court order stop the September 18 Form I-485 changes?
No. These are separate developments. The Form I-485 edition change and updated public-charge guidance remain scheduled unless USCIS or a court announces otherwise.
Does a new fiscal year make every priority date current?
No. Visa availability depends on category, country of chargeability, demand and annual numerical limits. Applicants should review the official bulletin and obtain case-specific guidance.
Should a family stop public benefits or medical care?
Not based solely on a social-media post or general article. Public-charge rules do not apply to every person or every benefit. An individualized legal review may be appropriate before making decisions.
Official and authoritative sources
Get clear answers before you act
Preparing an immigration filing or concerned that one of these developments may affect you? Barchiesi Law can review the individual circumstances and explain the available options.
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