Immigration policies can change rapidly, and August introduced a range of updates from the United States Citizenship and Immigration Services (USCIS). If you have an ongoing petition, a child close to reaching age limits, or rely on ACA coverage, these adjustments may impact you. Staying informed and acting promptly is essential now more than ever.
Revised Child Status Protection Act (CSPA) Guidelines
Starting August 15, USCIS calculates a child's age under the Child Status Protection Act utilizing only the "Final Action Dates" chart from the Visa Bulletin. This change could significantly narrow the protection period for families with children nearing 21. It affects both adjustment of status and immigrant visa applications filed on or after this date, particularly impacting applicants in backlogged categories.
Increased Discretionary Considerations
Beginning August 19, USCIS expanded the criteria that immigration officers can use in evaluating applications. New considerations now include previous parole requests, affiliations with anti-American or terrorist organizations, and signs of antisemitic activities. These discretionary factors can affect decisions even without a formal inadmissibility finding.
Family-Based Petitions and Risk of Removal
As of August 1, it was clarified by USCIS that a pending family-based green card application does not grant lawful status or protect someone from removal proceedings. This means individuals with pending petitions may still receive Notices to Appear (NTAs) and face removal processes. Additionally, re-entry to the U.S. with only a pending petition might lead to entry denial.
DACA and ACA Marketplace Health Coverage
Another major change beginning August 25 is that Deferred Action for Childhood Arrivals (DACA) recipients are no longer eligible for health insurance through the Affordable Care Act marketplace. Those currently signed up will receive termination notices and need to find alternative health coverage options. For more on state listings and statuses, visit the Healthcare.gov site.
Wider Context: Immigration Policies of 2025
These updates add to significant policy changes from earlier this year:
- Temporary Protected Status (TPS): DHS has extended or redesignated TPS for individuals from Venezuela, Haiti, El Salvador, and Sudan, enabling new registration opportunities.
- Fee Increases: Usual filing fees for forms such as I-129 (non-immigrant worker), N-400 (naturalization), and I-485 (adjustment of status) have risen.
- Digital Submission: Many applications now require online submission through a USCIS account, mandating digital access.
- Visa Bulletin Delays: Family-sponsored and employment-based visa categories are still progressing slowly, highlighting the importance of closely monitoring monthly bulletins.
Overall, these shifts represent a trend toward stricter enforcement and tighter eligibility criteria across immigration schemes. If you or your family have pending petitions, children approaching age deadlines, or concerns about health coverage, it's crucial to consult with legal experts promptly. Proactive measures can help secure your options and reduce uncertainty.