This week’s immigration updates include a new Form I-864 allowing USCIS to access sponsors' credit reports, a preliminary injunction on the birthright citizenship executive order, new data on the employment-based immigration backlog, a court order resuming Diversity Visa adjustment processing, and a reminder on upcoming form deadlines. Here’s a practical overview of what you should know. 👇

On August 31, 2026, USCIS published a new edition of Form I-864, Affidavit of Support, along with updated editions of Form I-864A and Form I-864EZ, all carrying the date 08/24/26. The key change is that sponsors signing the new form authorize USCIS and the Department of State to obtain information from consumer reporting agencies. USCIS has not announced how credit information will affect sponsorship decisions. Both the 10/17/24 and 08/24/26 editions will be accepted through September 30, 2026. Starting October 1, 2026, USCIS will only accept the 08/24/26 edition.

On September 2, 2026, U.S. District Judge Deborah Boardman of the District of Maryland issued a preliminary injunction in CASA v. Trump, blocking enforcement of the August 6, 2026 executive order seeking to limit birthright citizenship in certain cases. Judge Boardman held that the executive order is "almost certainly unconstitutional," citing the Supreme Court's June 2026 ruling upholding birthright citizenship under the Fourteenth Amendment. The injunction preserves the citizenship status of the children covered by the class while litigation continues.

3️⃣ Employment-Based Immigration Backlog Exceeds 1.2 Million 📊

According to a September 2026 analysis by the National Foundation for American Policy of USCIS data, the employment-based immigration backlog in the United States now exceeds 1.2 million people. An insufficient number of green cards relative to demand for skilled professionals has contributed to the backlog over many years. Wait times are significantly longer for nationals of India, China, and the Philippines due to per-country limits.

4️⃣ Court Orders USCIS to Resume Diversity Visa Adjustment Processing 🏛️

On August 28, 2026, the U.S. District Court for the Northern District of California issued an order in Medani, et al., v. Trump, et al., 26-cv-6332, temporarily vacating the USCIS policy that had placed a hold on Diversity Visa adjustment of status applications. USCIS is ordered to resume ordinary adjudication of pending DV adjustment applications. The court also certified a class of affected applicants. USCIS stated it strongly disagrees with the order but will comply pending further judicial review.

5️⃣ Reminder: New Editions of Forms I-539 and I-765 Required Starting September 15 📝

As a reminder, starting September 15, 2026, USCIS will only accept the new editions of Form I-539 and Form I-765. Older editions will be rejected. Applicants with filings planned for the coming days should ensure they are using the correct edition.

Firm Updates 🎉

We are pleased to share a recent success! Our firm obtained a favorable advisory opinion confirming that our client is not subject to the two-year home residence requirement under section 212(e) of the Immigration and Nationality Act. This determination allows our client to proceed with their immigration plans without first returning to their home country. We are proud to continue supporting our clients throughout their immigration journey.

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