Family Immigration Policy Updates – January 2026

USCIS Expands Hold on Immigration Applications for Nationals of High-Risk Countries

On December 2, 2025, U.S. Citizenship and Immigration Services (USCIS) temporarily halted processing of immigration benefits — including green cards, naturalization, asylum, and other applications — for nationals of 19 countries previously identified under the 2025 travel ban. Interviews and oath ceremonies for affected individuals were also suspended.

On January 1, 2026, USCIS issued Policy Memorandum PM-602-0194, expanding the hold to additional countries listed in Presidential Proclamation 10998. The memorandum also directs a re-review of all approved benefit requests for individuals from these countries who entered the U.S. on or after January 20, 2021.

Certain applications remain exempt, including green card replacements, citizenship document requests, and cases serving U.S. national interests. Monty & Ramirez LLP will continue monitoring this developing policy and provide updates on any implications for family-based immigration cases.

DHS Terminates Family Reunification Parole Programs and Returns Humanitarian Parole to Case-by-Case Basis

The Department of Homeland Security has announced the termination of all categorical Family Reunification Parole (FRP) programs for aliens from Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, including their immediate family members. The decision ends the use of humanitarian parole in a broad, programmatic way, returning parole to its original case-by-case framework as intended by Congress. Parole granted under the FRP programs will expire on January 14, 2026, unless the individual has a pending Form I-485 filed on or before December 15, 2025, which will allow parole to remain valid until adjudication. Employment authorization based on FRP parole will also be revoked upon termination. DHS has emphasized that individuals without a lawful basis to remain must depart the United States before their parole termination date, and qualifying individuals may access exit assistance and incentives through the CBP Home app. Our immigration team is monitoring this development and can assist families in understanding the impact of the FRP program terminations.

USCIS Shortens Validity Periods for Certain Employment Authorization Documents

U.S. Citizenship and Immigration Services (USCIS) has significantly reduced the validity period for certain newly issued Employment Authorization Documents (EADs). Effective December 5, 2025, USCIS decreased the maximum EAD validity from 5 years to 18 months for both initial and renewal applications in several humanitarian and adjustment-related categories, including refugees, asylees, applicants for asylum or adjustment of status, and individuals granted withholding of removal or cancellation of removal. This change applies only to applications pending or filed on or after December 5, 2025, and does not affect EADs already issued with a 5-year validity period.

In addition, pursuant to H.R. 1 (Pub. L. 119-21) and a Federal Register notice, USCIS has shortened validity periods for parole- and Temporary Protected Status (TPS)-based EADs. For applications pending or filed on or after July 22, 2025, parole and TPS EADs are now valid for the shorter of one year or the end of the authorized parole period or TPS designation. Employers and agencies may verify current EAD validity dates through the SAVE system, which provides real-time immigration status and employment authorization verification.

DHS and DOJ Finalize Rule Affecting Asylum Eligibility Based on Security and Public Health Risks

The Department of Homeland Security and the Department of Justice have announced a final rule clarifying when individuals may be ineligible for asylum or withholding of removal if they are determined to pose a danger to U.S. security due to certain public health emergencies.  The final rule became effective on December 31, 2025, and follows USCIS’s December 2 placement of a hold on asylum applications pending further review. Our immigration team is monitoring these developments and evaluating potential impacts on employers, foreign national employees, and individuals with pending or future humanitarian filings.

USCIS Update on Photograph Reuse for Immigration Documents

USCIS has issued new policy guidance changing how long previously collected photographs can be reused for immigration benefit requests. Effective immediately for cases filed on or after the publication date, USCIS may only reuse a photograph if it was taken within the last 36 months (3 years) at a biometric services appointment. This policy applies to most immigration applications; however, new biometrics (including a new photo) are still required for naturalization (N-400), certificates of citizenship (N-600), green card replacement (I-90), and adjustment of status (I-485) applications. USCIS also clarified that it will not use self-submitted photos and retains discretion to require a new photograph in any case. Our immigration team is monitoring these changes closely and can help families understand how this update may affect their pending or future applications.

Federal Courts Reject Expansion of Mandatory Immigration Detention

Recent reporting indicates that federal judges across the country have largely rejected the administration’s effort to expand mandatory immigration detention for individuals suspected of being in the United States without lawful status. The policy sought to require detention without bond hearings by broadly classifying many noncitizens as “applicants for admission,” regardless of length of time in the US, criminal history, or flight risk. Courts in multiple jurisdictions have ruled that this interpretation conflicts with existing immigration law and due process protections. Litigation remains ongoing, and our firm will continue to monitor developments and report on any implications for families navigating the immigration process.

USCIS Updates VAWA Policy Guidance to Address Filing Trends and Program Integrity

USCIS has issued updated policy guidance in Volume 3 of the USCIS Policy Manual addressing eligibility and evidentiary standards under the Violence Against Women Act (VAWA) self-petition program. The update follows a significant increase in VAWA Form I-360 filings between fiscal years 2020 and 2024, including notable growth in filings from populations that have not traditionally sought VAWA relief. The revised guidance does not change statutory eligibility requirements, but clarifies existing standards to strengthen program integrity and reduce misuse that can delay adjudications for qualified survivors. Key updates include clearer evidentiary expectations, reaffirmation of USCIS’s discretion in evaluating credibility, confirmation of the requirement that the self-petitioner resided with the abuser during the qualifying relationship, and additional documentation requirements to establish a good-faith marriage or qualifying relationship. The updated guidance applies to VAWA petitions pending or filed on or after December 22, 2025.

USCIS to Enforce Consequences for Aliens Who Falsify Information – Prepare Now with a Plan

USCIS has announced stricter rules for people who provide false information on immigration applications, especially false claims of being a U.S. citizen. Lying or using fake documents to get any immigration benefit can result in very serious consequences, including being found inadmissible to the United States. The updated guidance makes clear that immigration fraud will not be tolerated, and USCIS officers will carefully review cases to determine if someone knowingly provided false information. This policy is effective immediately and applies to all current and future applications.

At Monty & Ramirez LLP, we believe preparation is power. There’s no magic fix for immigration challenges—but with Plan Prepárate, the Prepare and Protect Plan, families gain something stronger: a real plan and rapid access to experienced legal defense when it matters most. Call 281-493-5529 today to see if you or your family member qualifies for Plan Prepárate, the Prepare and Protect Plan.

Understanding the Authorization Agreement for Adult Caregivers in Texas

The Authorization Agreement for Voluntary Adult Caregiver in Texas is a legal document that allows a parent or legal guardian to temporarily grant another adult the authority to care for a child and make important decisions without going through the courts. This agreement permits the caregiver to consent to medical, dental, and psychological treatment, enroll the child in school or daycare, approve extracurricular activities, and handle matters such as obtaining identification or applying for public benefits. It does not terminate parental rights; however, the agreement is valid for six months or until agreed upon date and automatically renews unless revoked in writing.

This agreement provides protection to children by ensuring they remain with a trusted adult and continue receiving care, education, and medical attention if a parent is detained or unable to be present. By having this agreement in place, families can reduce disruption and protect the child’s well-being without immediate court intervention.

January 2026 Visa Bulletin

Dates for Filing:

February 2026 Visa Bulletin

Dates for Filing:

Legal Guidance for Immigrant Families –

La Ley 92.1 FM Houston (SPANISH)

Tune in to La Ley 92.1 FM Houston every Sunday at 9:00 a.m. to hear legal guidance from immigration attorney Sarah D. Monty of Monty & Ramirez LLP. The program provides timely information, updates on immigration policies, and practical guidance for individuals and families navigating the U.S. immigration process.

Program Schedule

📅 January 4

Facing Deportation? What You Need to Know

A conversation between Attorney Sarah Monty and Deportation Defense Attorney Verónica Franco Salazar.

📅 January 11

Legal Protection: Safeguarding Families Without Immigration Status

Attorney Sarah Monty speaks with Estate Planning and Wills Attorney Sergio Castillo about the importance of legal protection.

📅 January 18

The New Naturalization Exam: Changes and How to Prepare

Attorney Sarah Monty and Immigration Attorney Maricela Alvarado explain the key updates.

📅 January 25

Challenging Mandatory Detention: Understanding the Writ of Habeas Corpus

An informative discussion with Attorneys Sarah Monty and Verónica Franco Salazar.

📅 February 8

Legal Options to Adjust Status Without Leaving the United States

Attorney Sarah Monty explores this topic in depth with Immigration Attorney Maricela Alvarado.

📅 February 15

DACA Updates: Preparing for Upcoming Changes

Attorneys Sarah Monty and Verónica Franco Salazar share the latest developments.

📅 February 22

Real Estate Law and Immigrant Families: What You Need to Know

Attorney Sarah Monty and Real Estate Attorney Sergio Castillo discuss key issues.

📅 March 1

Immigration Benefits for Crime Victims: Your Rights and Options

Attorneys Sarah Monty and Verónica Franco Salazar explain important protections.

📅 March 8

Immigration Fraud: How It Can Destroy Your Case

Attorneys Sarah Monty and Maricela Alvarado examine the serious consequences.

📅 March 15

Why Is My Green Card Valid for Only Two Years?

Attorneys Sarah Monty and Verónica Franco Salazar explain conditional residence and how to remove conditions.

📅 March 22

The Provisional Waiver Process: Steps and Strategies

Attorneys Sarah Monty and Maricela Alvarado guide you through the essentials.

📅 March 29

Cancellation of Removal: Can It Save Your Case?

Attorneys Sarah Monty and Verónica Franco Salazar analyze this critical form of relief.