Announcements
BLOG
How Not Changing Your Address Could Get You Ordered Removed
Keeping your address updated with the government has for a long time been one of the most important things you have to do as a noncitizen in the United States. It just got even more important.
The Board of Immigration Appeals (BIA), which makes decisions interpreting the law in immigration court, issued a decision on September 3, 2026, called Matter of DIJI. The BIA decision in that case overruled a previous case that had been the law for 25 years. In doing so, the BIA made it easier for immigration judges to order people removed from the U.S. if they missed court because they did not know about their hearing.
The 25-year-old case, Matter of G-Y-R-, had said that when a person missed their hearing, they could generally not be ordered removed if they had never received their Notice to Appear (NTA)—the document that orders them to appear in immigration court. That meant that if someone had moved but not yet changed their address, or if their mail was stolen before they could open it, these were valid reasons why they did not know about their hearing, and they could avoid a removal order.
Now, Matter of G-Y-R- is no longer the law, and Matter of DIJI is much stricter. Matter of DIJI says that it is enough for the U.S. government to send the NTA by regular mail to the most recent address the individual provided, even if they provided that address before their court case was opened. And even if the individual never saw that hearing notice, they can still be ordered removed for missing their hearing.
What should you do?
It is more important than ever to update your address if you have a case open with the immigration court. The law requires that you do so no more than five business days after you move, but it is better to file your address change as soon as possible. This website provides basic instructions on how to do it.
Additionally, it is critical to check the EOIR Automated Case Information website at least once per week. You should do this even if, as far as you know, you do not have a case in immigration court. All you need is your nine-digit Alien Registration Number (A-number) and your country of origin to see if a case has been opened against you or you have been scheduled for a hearing. This way, even if your mail does not show up like it is supposed to, you can still see if something has happened in your case.
But do not forget about changing your address with other agencies.
Immigration court is not the only place that needs to know when your address has changed. If you are not a citizen—even if you do not have any pending applications—you have to report your address change to US. Citizenship and Immigration Services (USCIS) within 10 days of your move. There are very few exceptions or exemptions to this rule. You can do this online or by mail.
Additionally, if you were ever detained by Immigration and Customs Enforcement (ICE), you have to let ICE know your address has changed as soon as possible after you move. You can do so here.
Always save your receipts.
Whenever you change your address, make a copy or take a screenshot of the form you completed. You never know if EOIR, USCIS, or ICE is going to say that they never received your change of address, and you need to be ready to prove that you did it.
If you have questions about address changes or anything else related to your immigration case, schedule a consultation with Aust Schmiechen at 612-724-4860.
The Expiration of TPS: What it Means and What You Can Do
September 15, 2026
Since 1990, Temporary Protected Status (TPS) has prevented the deportation of millions of people in the United States to countries where war, disasters, and other serious conditions make it unsafe for them to return. The Trump Administration is gradually bringing it to an end.
On June 25, 2026, the U.S. Supreme Court ruled that courts have very little power to rule on whether the Secretary of Homeland Security is allowed to terminate TPS for certain countries. The result has been a continued waning of the list of countries with TPS designations. Since that ruling, U.S. Citizenship and Immigration Services (USCIS) has let TPS expire for Myanmar (Burma), Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen, and has not renewed it.
As of the publication of this blog post, only four countries still have TPS designations: El Salvador, Lebanon, Sudan, and Ukraine. If none of these designations are extended, El Salvador’s designation will expire on September 9, Sudan and Ukraine’s on October 19, and Lebanon’s on November 27.
What status will I have if my TPS expires?
If you still have any other unexpired status once your TPS expires, you will retain that status. Otherwise, you will be living in the United States without status and are subject to removal.
What will happen to my work authorization?
If you have an Employment Authorization Document (EAD), or “work permit,” with the category A12 or C19, it expires when your TPS expired or will expire. This is because the EAD is associated with either a pending or granted TPS application. When TPS expires, the associated work permit expires.
If you have work authorization through another category, such as C8 for a pending asylum application, you will still be authorized to work with this EAD after your TPS expires.
What do I do if my TPS expires?
If your TPS has recently expired or will expire soon, you should act quickly to apply for the benefits you are eligible to receive. For example, if you have a fear of returning to your country because you will be harmed based on a protected ground—such as your race, religion, nationality, political opinion, or membership in a particular social group—you are eligible to apply for asylum.
If you are eligible for asylum, your time holding TPS status may exempt you from the usual filing deadline of one year after your arrival. However, you should ideally file your asylum application before TPS expires. If this is not possible, you should do so as soon as possible.
You may be eligible for other benefits, such as adjusting your status to a green card if you are married to a U.S. citizen. To understand what you might qualify for, call Aust Schmiechen at 612-724-4860 to schedule a consultation.
Use of Advance Parole and Triggering Unlawful Presence
On August 13, in Matter of Delcarmen-Lara, the Board of Immigration Appeals (BIA) overturned a decision that made adjustment of status possible for persons even though they had unlawfully entered the United States. This decision overturned the 2012 BIA decision Matter of Arrabally and Yerrabelly relating to use of Advance Parole and the triggering of the unlawful presence bar.
If you have traveled outside of the United States or have received an Advance Parole document from U.S. Citizenship and Immigration Services (USCIS), it is important to understand what having used or attempting to use that document will have on your ability to adjust status.
Entry without Inspection and Unlawful Presence
While there are exceptions, the vast majority of persons who seek adjustment of status must first prove they lawfully entered (were inspected and admitted by an immigration officer at a port-of entry) or were paroled into the United States. Under current U.S. immigration law, most persons who entered the United States without inspection (EWI / illegally / undocumented) are not eligible to adjust status (apply for a green card) and must depart the United States to obtain their residency at a U.S. Embassy or Consulate. The problem such a departure creates is that by leaving an individual triggers the unlawful presence bar. The unlawful presence bar prohibits an individual from returning to the United States if they have been in this country without status for a certain period of time. For a person who lived here without status for more than 180 days, but less than 365, the bar is three years. For a person who lived here without status for more than 365 days, the bar is 10 years. And while a waiver exists under immigration law to waive these lengthy bars, USCIS is presently taking about three years to process such waivers.
The Problem that Matter of Arrabally and Yerrabelly Solved
Prior to the BIA’s decision in Matter of Arrabally and Yerrabelly, the common understanding was that regardless of why and how a person departed the United States, if an individual had accrued unlawful presence, that departure would trigger the unlawful presence bar for all future immigration proceedings. However, the decision in Matter of Arrabally and Yerrabelly said no, that departing United States with an Advance Parole document does not trigger the unlawful presence bar. Many persons who obtained Advance Parole via Deferred Action for Childhood Arrivals (DACA), but who had entered unlawfully many years ago, were able to adjust status based on the holding in Matter of Arrabally and Yerrabelly without needing to address the unlawful presence bar. This new decision by the BIA upsets that framework stating that departing having used an Advance Parole document does in fact now trigger the unlawful presence bar and reversed Matter of Arrabally and Yerrabelly.
Impact of this new Decision
The BIA’s new decision is clear that its impact is not retroactive, meaning that if someone acquired Permanent Resident Status based on the interpretation set forth in Matter of Arrabally and Yerrabelly, that determination is not now subject to revocation. This new decision does very much impact any pending I-485 Application to Adjust Status or any that might be filed in the future. So, if you were considering filing an I-485 or have already filed an I-485 based on having returned to the United States using an Advance Parole, consult immediately with your attorney if you have one or consider calling Aust Schmiechen for a consultation to assess your case.
The Annual Asylum Fee: How to Check it and How to Pay it
August 17, 2026
The United States government has begun charging a new annual asylum fee of $102, and it is causing a lot of panic because of the lack of understanding of how it works.
If you filed your I-589 asylum application less than one year ago, you are not yet subject to the fee. However, if you filed your asylum application more than one year ago, you could be facing a deadline to pay. The fee applies whether your case is being reviewed by USCIS, the immigration court (also known as the Executive Office for Immigration Review, or EOIR), or the Board of Immigration Appeals (BIA).
If your case is before USCIS
If your asylum case is pending before USCIS, you may be due to pay the annual fee without even knowing it. USCIS will not necessarily notify you about paying the fee on the anniversary of when you filed your asylum application. Anytime is possible for those whose cases have been pending for more than one year.
Some people have reported that they never received notice from USCIS and only saw that they had missed the deadline when they checked their case in USCIS’s online portal. Therefore, it is important to check your online USCIS portal (if you have one) to see if you have been sent a notice to pay.
You can also fill out this questionnaire to see if you owe the annual fee—and if you do, to pay it. It is important that you check to see whether you owe the fee at least monthly, because USCIS has shown that it intends to severely penalize those who do not pay. USCIS has put out a new rule that it can refer cases to immigration court without giving the applicant an asylum interview first; this could possibly be a penalty for nonpayment or late payment.
If your case is before immigration court (EOIR)
If your asylum case is in immigration court, the judge can order that you pay the annual fee at any time, much like USCIS. But unlike USCIS, you can pay the fee even if it has not been ordered yet.
If you can afford it, it is well worth it to pay the fee before your case has been in court for one year, just to be safe. The Asylum Seeker Advocacy Project (ASAP) has reported that judges have sometimes ordered payment with a one-day deadline, making it very difficult to pay on time, and missing a deadline can result in your case being dismissed. Paying ahead of an order can avoid this issue.
ASAP created this video to show you how to pay the annual fee to the immigration court. Make sure you save a copy of the receipt and submit it to the immigration court.
If your case is before the Board of Immigration Appeals (BIA)
The immigration court payment portal (which includes the BIA) currently does not allow a payment to be made specifically to the BIA for the annual asylum fee. Similar to EOIR, you should receive an order if you owe the annual fee to the BIA, and your best option may be to wait for this order before paying.
Contact us at 612-724-4860 to request a consultation, and check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
USCIS Removes Right to an Asylum Interview: What to Know
August 7, 2026
On July 27, 2026, the U.S. Department of Homeland Services (DHS) announced a new rule that allows asylum officers to transfer cases to immigration court without first giving the applicant an asylum interview.
For decades, someone who filed an “affirmative” asylum application—meaning that they filed before the court had opened a case against them—was guaranteed an interview with a U.S. Citizenship and Immigration Services (USCIS) officer.
USCIS officers are not judges, cannot order removal (deportation), and tend to be more likely to grant asylum than immigration judges. If USCIS did not grant asylum after the interview, then it would refer the case to immigration court, meaning it is now in the court’s power to decide the case.
As part of the new rule, the U.S. government has removed all references in the Code of Federal Regulations to an individual’s “right” to an asylum interview. The regulations now state that an asylum officer can transfer an asylum application to immigration court “based on a review of the record . . . and other relevant evidence.” The government has also removed the right for an applicant to explain potential issues with their application in person to an asylum officer, thus removing the ability to answer any questions the officer might have.
This is a massive change at a time when immigration judges in Minnesota currently grant below 1 percent of asylum applications. For many people, an asylum interview is their only realistic shot at winning protection in the United States.
When does the rule take effect?
The rule took effect immediately despite not being a “final rule.” Usually, the government has to complete a process of seeking out public opinion on a rule before it takes effect. However, the rule states that an individual’s “desire” to receive an asylum interview is not significant enough to trigger this process.
When can USCIS refer a case to immigration court before an interview?
The new rule outlines several reasons why an asylum officer can refer a case to immigration court without first giving the applicant an opportunity to explain.
First, an asylum officer can refer the case if they determine that the application was filed more than a year after the applicant’s arrival without qualifying for an exception to the rule (such as maintaining lawful status).
Second, an asylum officer can refer the case if they determine that the applicant is prohibited from winning asylum for a reason such as committing a serious crime or having found a safe place to live in a third country.
Third, an asylum officer can determine without conducting an interview that the applicant’s case does not merit asylum under the law.
Finally, an asylum officer can refer the case if they find that the applicant should not be granted asylum as a matter of discretion, meaning because of factors not specific to asylum law such as less serious criminal history, entering the U.S. unlawfully, or having been previously deported.
What can you do if your asylum case is pending before USCIS?
If you have not fully explained your answers to certain questions on the asylum application, or you have not yet submitted all of the evidence that you have, it is important that you do so. USCIS may not provide you an opportunity to explain yourself at an interview if it determines that your case is missing key explanations or evidence.
Contact us at 612-724-4860 to request a consultation, and check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
USCIS’s New “Public Charge” Rule: What It Means for Green Card Applicants
July 31, 2026
On July 16, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new rule getting rid of the current “public charge” rule that guides its decisions in lawful permanent residence (“green card”) cases.
Under federal law, USCIS can find an applicant “inadmissible” if they are found to likely become a public charge, meaning that they will be likely to rely upon public benefits like cash assistance in the future. Being found inadmissible—in other words, not allowed to be in the country—will lead to the denial of the green card application.
The public charge ground of inadmissibility has been in place since 1996, but the law does not clearly explain when someone should be deemed a public charge. As a result, USCIS has often changed its rules from administration to administration.
In this instance, the Trump administration ended a Biden-era rule that itself reversed a strict interpretation from the first Trump administration. However, it did not bring back the rule from the first Trump administration, but instead eliminated any definition of public charge from federal regulations and gave USCIS more discretion to make decisions.
By eliminating the detailed rule adopted in 2022, USCIS will now apply the “totality of the circumstances” test to determine who is likely to become a public charge. Immigration officers may consider an applicant’s age, health, family situation, financial resources, education, work history, and receipt of certain public benefits, along with other unspecified case-specific factors they believe are relevant, to decide whether a green card applicant is a public charge.
What happens next?
The new rule is set to take effect on September 18, 2026. It is unclear whether USCIS will release more guidance by that date to help define “public charge.” Even if it does, this guidance may not be made public and could be distributed only to the USCIS officers tasked with applying it.
Whom does the rule affect?
The public charge rule applies to people seeking a green card through a family- or employment-based application.
The public charge rule does not apply to individuals applying for a green card based on humanitarian applications—such as asylum, refugee status, Special Immigrant Juvenile Status, T visas, U visas, and VAWA. It also does not apply to people applying for naturalization.
What can you do?
Receiving public benefits does not automatically mean your application will be denied. USCIS must still evaluate each case individually, and no single factor controls the outcome. However, the new rule will give USCIS officers more flexibility than they have under the current regulations.
If you are eligible to file your green card application, it would be beneficial to submit it before September 18, 2026. If your application is filed or postmarked on or before September 17, your case will be considered under the current Biden-era rule. If filed after this date, you will have to complete USCIS’s new adjustment of status application (I-485) and be subject to the new rule. Whether filing sooner is the right strategy depends on the facts of your case.
Contact us at 612-724-4860 to request a consultation, and check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
The End of “Duration of Status” for F-1s and J-1s: What to Know
July 23, 2026
Photo by Global Residence Index on Unsplash
On July 16, 2026, the Department of Homeland Security (DHS) announced the publication of a final rule eliminating “Duration of Status” (D/S) as the default period of admission for F-1 and J-1 visa holders and replacing it with a specific expiration date.
For decades, international students with F-1 visas and exchange visitors with J-1 visas have been classified as Duration of Status, or D/S. This meant that their visas generally remained valid as long as they continued taking classes or otherwise progressing in their programs. Being admitted as “Duration of Status” also meant that people who fell out of F-1 or J-1 status could not accrue unlawful presence.
DHS’s new rule limits F-1 and J-1 visa holders’ admission to the shorter of the following: (1) the program length shown on Form I-20 (for F-1 students) or Form DS-2019 (for J-1 exchange visitors), or (2) four years. This means that admission for F-1 and J-1 visa holders is capped at four years, but can be even shorter depending on Forms I-20 and DS-2019.
Why did DHS do this?
DHS Secretary Markwayne Mullin claims that under the current Duration of Status framework, “[F]oreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S.” This ignores data showing that for all students—not just foreign students—the median length of time to complete a bachelor’s degree is more than four years. This is longer than the new limit set by the rule.
What other limits does the rule set?
This new rule cuts the time allowed for F-1 students to leave the country, transfer schools, or change status after completing their studies from 60 to 30 days. The rule also limits F-1 students’ ability to transfer, requiring that undergraduates complete their first academic year before transferring, and prohibiting graduate students from transferring at all, unless the Student and Exchange Visitor Program (SEVP) authorizes it.
We encourage you to review the “Summary of Changes” section of the rule on pages 3-4 here for additional changes.
When does this rule go into effect?
The rule is set to take effect on September 15, 2026.
What if I already have a Duration of Status visa?
Those who are already in F-1 or J-1 status when the rule goes into effect are subject to slightly different limits. Their admission period ends upon the earlier of: (1) the program end date on their Form I-20 or DS-2019, or (2) four years from the effective date of the rule; that is, September 15, 2030. F-1 and J-1 visa holders, whether they obtain this status before or after the rule goes into effect, must apply for an Extension of Stay (EOS) to remain in status beyond the earlier of these two dates.
How do I apply for an Extension of Stay (EOS)?
To extend your authorized period of admission in the U.S., individuals must file a form with the required fee to U.S. Citizenship and Immigration Services (USCIS). The new rule states that if an F-1 student timely files an EOS application they will be authorized to continue pursuing their studies in the U.S. until USCIS decides their application. The rule is not clear on how this applies to J-1 exchange visitors.
Check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
Winning release of refugee single mother
In early 2026, amid Operation Metro Surge, Aust Schmiechen secured the release of multiple clients from immigration detention by winning habeas corpus cases in federal court. One of these clients, a single mother from Venezuela, was arrested without a warrant while attending an ICE check-in. She entered the United States as a refugee, filed a green card application after one year as required by the law, and had a completely clean criminal record. Associate Attorney Luke Srodulski represented her through a green card interview in ICE custody, won an order for her release, and was there when ICE released her one week after her arrest. She is now a lawful permanent resident with a green card.
Aust Schmiechen Appreciation Post!
We love our work and the amazing clients we serve.
Immigration in the News
February 2026- Partner Malinda Schmiechen spoke with the Russian Speaking Minnesotan Community about how to properly conduct oneself when interacting with officers from U.S. Immigration and Customs Enforcement (ICE), including your rights, what you should and should not say, when you are required to present identification, and how to act to protect yourself and your loved ones.
February 2026- Associate Attorney Luke Srodulski spoke with NPR and Sahan Journal about the Trump administration’s arrests of refugees, the inhumane treatment they receive in detention, and the work required to win release. “I ultimately think the goal is cruelty,” Srodulski told NPR when asked why the administration would detain people who are lawfully present in the United States and have followed every rule. Aust Schmiechen took cases like these during Operation Metro Surge and prepared petitions for release in federal court on the same day.
Click here to view our Facebook page for more up to date information.
Announcements
BLOG
The Annual Asylum Fee: How to Check it and How to Pay it
August 17, 2026
The United States government has begun charging a new annual asylum fee of $102, and it is causing a lot of panic because of the lack of understanding of how it works.
If you filed your I-589 asylum application less than one year ago, you are not yet subject to the fee. However, if you filed your asylum application more than one year ago, you could be facing a deadline to pay. The fee applies whether your case is being reviewed by USCIS, the immigration court (also known as the Executive Office for Immigration Review, or EOIR), or the Board of Immigration Appeals (BIA).
If your case is before USCIS
If your asylum case is pending before USCIS, you may be due to pay the annual fee without even knowing it. USCIS will not necessarily notify you about paying the fee on the anniversary of when you filed your asylum application. Anytime is possible for those whose cases have been pending for more than one year.
Some people have reported that they never received notice from USCIS and only saw that they had missed the deadline when they checked their case in USCIS’s online portal. Therefore, it is important to check your online USCIS portal (if you have one) to see if you have been sent a notice to pay.
You can also fill out this questionnaire to see if you owe the annual fee—and if you do, to pay it. It is important that you check to see whether you owe the fee at least monthly, because USCIS has shown that it intends to severely penalize those who do not pay. USCIS has put out a new rule that it can refer cases to immigration court without giving the applicant an asylum interview first; this could possibly be a penalty for nonpayment or late payment.
If your case is before immigration court (EOIR)
If your asylum case is in immigration court, the judge can order that you pay the annual fee at any time, much like USCIS. But unlike USCIS, you can pay the fee even if it has not been ordered yet.
If you can afford it, it is well worth it to pay the fee before your case has been in court for one year, just to be safe. The Asylum Seeker Advocacy Project (ASAP) has reported that judges have sometimes ordered payment with a one-day deadline, making it very difficult to pay on time, and missing a deadline can result in your case being dismissed. Paying ahead of an order can avoid this issue.
ASAP created this video to show you how to pay the annual fee to the immigration court. Make sure you save a copy of the receipt and submit it to the immigration court.
If your case is before the Board of Immigration Appeals (BIA)
The immigration court payment portal (which includes the BIA) currently does not allow a payment to be made specifically to the BIA for the annual asylum fee. Similar to EOIR, you should receive an order if you owe the annual fee to the BIA, and your best option may be to wait for this order before paying.
Contact us at 612-724-4860 to request a consultation, and check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
BLOG
The Annual Asylum Fee: How to Check it and How to Pay it
August 17, 2026
The United States government has begun charging a new annual asylum fee of $102, and it is causing a lot of panic because of the lack of understanding of how it works.
If you filed your I-589 asylum application less than one year ago, you are not yet subject to the fee. However, if you filed your asylum application more than one year ago, you could be facing a deadline to pay. The fee applies whether your case is being reviewed by USCIS, the immigration court (also known as the Executive Office for Immigration Review, or EOIR), or the Board of Immigration Appeals (BIA).
If your case is before USCIS
If your asylum case is pending before USCIS, you may be due to pay the annual fee without even knowing it. USCIS will not necessarily notify you about paying the fee on the anniversary of when you filed your asylum application. Anytime is possible for those whose cases have been pending for more than one year.
Some people have reported that they never received notice from USCIS and only saw that they had missed the deadline when they checked their case in USCIS’s online portal. Therefore, it is important to check your online USCIS portal (if you have one) to see if you have been sent a notice to pay.
You can also fill out this questionnaire to see if you owe the annual fee—and if you do, to pay it. It is important that you check to see whether you owe the fee at least monthly, because USCIS has shown that it intends to severely penalize those who do not pay. USCIS has put out a new rule that it can refer cases to immigration court without giving the applicant an asylum interview first; this could possibly be a penalty for nonpayment or late payment.
If your case is before immigration court (EOIR)
If your asylum case is in immigration court, the judge can order that you pay the annual fee at any time, much like USCIS. But unlike USCIS, you can pay the fee even if it has not been ordered yet.
If you can afford it, it is well worth it to pay the fee before your case has been in court for one year, just to be safe. The Asylum Seeker Advocacy Project (ASAP) has reported that judges have sometimes ordered payment with a one-day deadline, making it very difficult to pay on time, and missing a deadline can result in your case being dismissed. Paying ahead of an order can avoid this issue.
ASAP created this video to show you how to pay the annual fee to the immigration court. Make sure you save a copy of the receipt and submit it to the immigration court.
If your case is before the Board of Immigration Appeals (BIA)
The immigration court payment portal (which includes the BIA) currently does not allow a payment to be made specifically to the BIA for the annual asylum fee. Similar to EOIR, you should receive an order if you owe the annual fee to the BIA, and your best option may be to wait for this order before paying.
Contact us at 612-724-4860 to request a consultation, and check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
USCIS Removes Right to an Asylum Interview: What to Know
August 7, 2026
On July 27, 2026, the U.S. Department of Homeland Services (DHS) announced a new rule that allows asylum officers to transfer cases to immigration court without first giving the applicant an asylum interview.
For decades, someone who filed an “affirmative” asylum application—meaning that they filed before the court had opened a case against them—was guaranteed an interview with a U.S. Citizenship and Immigration Services (USCIS) officer.
USCIS officers are not judges, cannot order removal (deportation), and tend to be more likely to grant asylum than immigration judges. If USCIS did not grant asylum after the interview, then it would refer the case to immigration court, meaning it is now in the court’s power to decide the case.
As part of the new rule, the U.S. government has removed all references in the Code of Federal Regulations to an individual’s “right” to an asylum interview. The regulations now state that an asylum officer can transfer an asylum application to immigration court “based on a review of the record . . . and other relevant evidence.” The government has also removed the right for an applicant to explain potential issues with their application in person to an asylum officer, thus removing the ability to answer any questions the officer might have.
This is a massive change at a time when immigration judges in Minnesota currently grant below 1 percent of asylum applications. For many people, an asylum interview is their only realistic shot at winning protection in the United States.
When does the rule take effect?
The rule took effect immediately despite not being a “final rule.” Usually, the government has to complete a process of seeking out public opinion on a rule before it takes effect. However, the rule states that an individual’s “desire” to receive an asylum interview is not significant enough to trigger this process.
When can USCIS refer a case to immigration court before an interview?
The new rule outlines several reasons why an asylum officer can refer a case to immigration court without first giving the applicant an opportunity to explain.
First, an asylum officer can refer the case if they determine that the application was filed more than a year after the applicant’s arrival without qualifying for an exception to the rule (such as maintaining lawful status).
Second, an asylum officer can refer the case if they determine that the applicant is prohibited from winning asylum for a reason such as committing a serious crime or having found a safe place to live in a third country.
Third, an asylum officer can determine without conducting an interview that the applicant’s case does not merit asylum under the law.
Finally, an asylum officer can refer the case if they find that the applicant should not be granted asylum as a matter of discretion, meaning because of factors not specific to asylum law such as less serious criminal history, entering the U.S. unlawfully, or having been previously deported.
What can you do if your asylum case is pending before USCIS?
If you have not fully explained your answers to certain questions on the asylum application, or you have not yet submitted all of the evidence that you have, it is important that you do so. USCIS may not provide you an opportunity to explain yourself at an interview if it determines that your case is missing key explanations or evidence.
Contact us at 612-724-4860 to request a consultation, and check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
USCIS’s New “Public Charge” Rule: What It Means for Green Card Applicants
July 31, 2026
On July 16, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new rule getting rid of the current “public charge” rule that guides its decisions in lawful permanent residence (“green card”) cases.
Under federal law, USCIS can find an applicant “inadmissible” if they are found to likely become a public charge, meaning that they will be likely to rely upon public benefits like cash assistance in the future. Being found inadmissible—in other words, not allowed to be in the country—will lead to the denial of the green card application.
The public charge ground of inadmissibility has been in place since 1996, but the law does not clearly explain when someone should be deemed a public charge. As a result, USCIS has often changed its rules from administration to administration.
In this instance, the Trump administration ended a Biden-era rule that itself reversed a strict interpretation from the first Trump administration. However, it did not bring back the rule from the first Trump administration, but instead eliminated any definition of public charge from federal regulations and gave USCIS more discretion to make decisions.
By eliminating the detailed rule adopted in 2022, USCIS will now apply the “totality of the circumstances” test to determine who is likely to become a public charge. Immigration officers may consider an applicant’s age, health, family situation, financial resources, education, work history, and receipt of certain public benefits, along with other unspecified case-specific factors they believe are relevant, to decide whether a green card applicant is a public charge.
What happens next?
The new rule is set to take effect on September 18, 2026. It is unclear whether USCIS will release more guidance by that date to help define “public charge.” Even if it does, this guidance may not be made public and could be distributed only to the USCIS officers tasked with applying it.
Whom does the rule affect?
The public charge rule applies to people seeking a green card through a family- or employment-based application.
The public charge rule does not apply to individuals applying for a green card based on humanitarian applications—such as asylum, refugee status, Special Immigrant Juvenile Status, T visas, U visas, and VAWA. It also does not apply to people applying for naturalization.
What can you do?
Receiving public benefits does not automatically mean your application will be denied. USCIS must still evaluate each case individually, and no single factor controls the outcome. However, the new rule will give USCIS officers more flexibility than they have under the current regulations.
If you are eligible to file your green card application, it would be beneficial to submit it before September 18, 2026. If your application is filed or postmarked on or before September 17, your case will be considered under the current Biden-era rule. If filed after this date, you will have to complete USCIS’s new adjustment of status application (I-485) and be subject to the new rule. Whether filing sooner is the right strategy depends on the facts of your case.
Contact us at 612-724-4860 to request a consultation, and check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
The End of “Duration of Status” for F-1s and J-1s: What to Know
July 23, 2026
Photo by Global Residence Index on Unsplash
On July 16, 2026, the Department of Homeland Security (DHS) announced the publication of a final rule eliminating “Duration of Status” (D/S) as the default period of admission for F-1 and J-1 visa holders and replacing it with a specific expiration date.
For decades, international students with F-1 visas and exchange visitors with J-1 visas have been classified as Duration of Status, or D/S. This meant that their visas generally remained valid as long as they continued taking classes or otherwise progressing in their programs. Being admitted as “Duration of Status” also meant that people who fell out of F-1 or J-1 status could not accrue unlawful presence.
DHS’s new rule limits F-1 and J-1 visa holders’ admission to the shorter of the following: (1) the program length shown on Form I-20 (for F-1 students) or Form DS-2019 (for J-1 exchange visitors), or (2) four years. This means that admission for F-1 and J-1 visa holders is capped at four years, but can be even shorter depending on Forms I-20 and DS-2019.
Why did DHS do this?
DHS Secretary Markwayne Mullin claims that under the current Duration of Status framework, “[F]oreign students have been admitted into the U.S. indefinitely, allowing thousands to abuse our immigration system by perpetually enrolling in courses to avoid having to leave the U.S.” This ignores data showing that for all students—not just foreign students—the median length of time to complete a bachelor’s degree is more than four years. This is longer than the new limit set by the rule.
What other limits does the rule set?
This new rule cuts the time allowed for F-1 students to leave the country, transfer schools, or change status after completing their studies from 60 to 30 days. The rule also limits F-1 students’ ability to transfer, requiring that undergraduates complete their first academic year before transferring, and prohibiting graduate students from transferring at all, unless the Student and Exchange Visitor Program (SEVP) authorizes it.
We encourage you to review the “Summary of Changes” section of the rule on pages 3-4 here for additional changes.
When does this rule go into effect?
The rule is set to take effect on September 15, 2026.
What if I already have a Duration of Status visa?
Those who are already in F-1 or J-1 status when the rule goes into effect are subject to slightly different limits. Their admission period ends upon the earlier of: (1) the program end date on their Form I-20 or DS-2019, or (2) four years from the effective date of the rule; that is, September 15, 2030. F-1 and J-1 visa holders, whether they obtain this status before or after the rule goes into effect, must apply for an Extension of Stay (EOS) to remain in status beyond the earlier of these two dates.
How do I apply for an Extension of Stay (EOS)?
To extend your authorized period of admission in the U.S., individuals must file a form with the required fee to U.S. Citizenship and Immigration Services (USCIS). The new rule states that if an F-1 student timely files an EOS application they will be authorized to continue pursuing their studies in the U.S. until USCIS decides their application. The rule is not clear on how this applies to J-1 exchange visitors.
Check back with the Aust Schmiechen blog for weekly updates on what is happening in immigration law.
Winning release of refugee single mother
In early 2026, amid Operation Metro Surge, Aust Schmiechen secured the release of multiple clients from immigration detention by winning habeas corpus cases in federal court. One of these clients, a single mother from Venezuela, was arrested without a warrant while attending an ICE check-in. She entered the United States as a refugee, filed a green card application after one year as required by the law, and had a completely clean criminal record. Associate Attorney Luke Srodulski represented her through a green card interview in ICE custody, won an order for her release, and was there when ICE released her one week after her arrest. She is now a lawful permanent resident with a green card.
Aust Schmiechen Appreciation Post!
We love our work and the amazing clients we serve.
Immigration in the News
February 2026- Partner Malinda Schmiechen spoke with the Russian Speaking Minnesotan Community about how to properly conduct oneself when interacting with officers from U.S. Immigration and Customs Enforcement (ICE), including your rights, what you should and should not say, when you are required to present identification, and how to act to protect yourself and your loved ones.
February 2026- Associate Attorney Luke Srodulski spoke with NPR and Sahan Journal about the Trump administration’s arrests of refugees, the inhumane treatment they receive in detention, and the work required to win release. “I ultimately think the goal is cruelty,” Srodulski told NPR when asked why the administration would detain people who are lawfully present in the United States and have followed every rule. Aust Schmiechen took cases like these during Operation Metro Surge and prepared petitions for release in federal court on the same day.
Click here to view our Facebook page for more up to date information.