Birthright Citizenship, Green Cards, TPS, Fee Changes, & More – July Family Immigration

Supreme Court Decision Affects TPS Protections for Haiti and Syria

The U.S. Supreme Court has allowed the federal government to move forward with terminating Temporary Protected Status for Haitian and Syrian nationals. Following the decision, U.S. Citizenship and Immigration Services has continued issuing temporary updates regarding TPS-related employment authorization documents. USCIS has established a new expiration date of July 24, 2026, for certain Haiti TPS work permits and July 17, 2026, for certain TPS work permits issued to nationals of Syria, Burma, Somalia, Yemen, Ethiopia, and South Sudan. These dates relate to employment authorization while the government completes the termination process and should not be viewed as a permanent extension of TPS. Individuals and families affected by these changes should speak with an immigration attorney as soon as possible to determine whether they may qualify for another form of immigration status, protection, or relief.

Supreme Court Upholds Birthright Citizenship Under the 14th Amendment

The U.S. Supreme Court has ruled that children born in the United States are U.S. citizens under the 14th Amendment, rejecting President Donald Trump’s executive order that sought to deny citizenship to children born to parents who are unlawfully present in the country or in the United States on temporary visas. The Court reaffirmed the longstanding interpretation of the Citizenship Clause, which has recognized birthright citizenship for nearly 160 years, with only limited exceptions. Because lower federal courts had previously blocked the executive order, the policy never took effect. As a result of the Court’s decision, birthright citizenship remains unchanged, and individuals born in the United States continue to acquire U.S. citizenship at birth under existing law.

USCIS Proposes Fee Increases for Naturalization Applications

USCIS has issued a proposed rule that would significantly increase filing fees for naturalization-related applications. Under the proposal, the filing fee for Form N-400, Application for Naturalization, would rise to $1,330 for paper filings and $1,280 for online filings, while the fee for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, would increase to $1,475 for paper filings and $1,425 for online filings. The proposal would also eliminate most fee waivers and reduced-fee options for these filings. If finalized, these changes could make the naturalization process substantially more expensive for many applicants. Public comments on the proposed rule are due by August 24, 2026.

Supreme Court Decision May Increase Risks for Green Card Holders Returning to the U.S.

I In a recent 6–3 decision, the U.S. Supreme Court ruled that federal border officials may treat a returning green card holder as an applicant for admission based on an indictment or other accusation, without first proving by clear and convincing evidence that the person committed a crime involving moral turpitude. The case involved a lawful permanent resident whose green card status was suspended upon reentry after he had been indicted on criminal charges, even though the underlying conduct had not yet been proven. This decision may increase travel risks for green card holders with prior arrests, pending charges, or certain criminal allegations, making it especially important to consult with immigration counsel before traveling abroad.

USCIS Auto-Extends Work Authorization for Certain El Salvador TPS Beneficiaries

U.S. Citizenship and Immigration Services (USCIS) has automatically extended employment authorization through July 22, 2026, for certain El Salvador Temporary Protected Status (TPS) beneficiaries who remain eligible for TPS. The extension applies specifically to TPS-related Employment Authorization Documents (EADs) with a printed expiration date of March 9, 2025, helping affected individuals avoid interruptions in work authorization while their status remains valid. El Salvador’s current TPS designation is scheduled to remain in effect through September 9, 2026. Employers and TPS beneficiaries should review their documentation carefully to confirm eligibility for the automatic extension and ensure compliance with Form I-9 requirements.

Individuals currently benefiting from TPS under the El Salvador designation should be on the lookout for important announcements this week. Monty & Ramirez LLP is carefully monitoring all developments and will provide an update to our clients and community as soon as official guidance is released.

USCIS Signals Major Interpretation Shift on Adjustment of Status Applications

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum emphasizing that foreign nationals seeking lawful permanent residence (“Green Cards”) should generally pursue immigrant visa processing through U.S. consulates abroad rather than through Adjustment of Status (AOS) applications filed within the United States.

Under this policy, USCIS instructs officers to treat Adjustment of Status as an “extraordinary form of relief”, requiring a case-by-case discretionary analysis to determine whether approval is warranted.

Importantly, the memo does not change the statutory framework under INA § 245, and eligibility requirements remain the same. However, it represents a significant shift in how USCIS exercises discretion, signaling that even applicants who meet all statutory criteria may be denied if they do not merit a favorable discretionary determination.

USCIS has indicated that this policy is intended to align adjudications with what it describes as the “original intent” of the law, redirect processing toward the Department of State, and reduce overstays.

Key Implications for Individuals

• Greater scrutiny of Adjustment of Status applications, including otherwise approvable filings
• Potential processing delays, travel disruptions, and risk exposure for applicants required to process abroad
• Increased importance of strategic immigration planning and case assessment

At this time, critical questions remain unanswered, including how USCIS will define “extraordinary circumstances” and how the policy will be applied to pending cases.

What This Means Going Forward

Moving forward, each Adjustment of Status case should be prepared with a full totality-of-the-circumstances analysis, supported by robust evidence demonstrating that the applicant merits a favorable exercise of discretion.

At the same time, cases should be structured to mitigate risk and allow for efficient pivoting in the event of a denial, including preparedness for consular processing where appropriate.

Monty & Ramirez LLP has long incorporated discretionary analysis into case strategy. Under this policy, the firm will further expand this approach through a structured “Adjustment of Status Discretionary Request,” which will:

• Identify and address any potential adverse factors
• Proactively document positive equities
• Present a cohesive narrative supporting favorable discretion

The immigration attorneys at Monty & Ramirez LLP are closely monitoring this development and will continue to provide updates as additional guidance becomes available. Questions? Call our office to speak to a team member – 281-493-5529

Fifth Circuit Detention Ruling No Longer in Effect

The Fifth Circuit’s decision requiring certain immigration detainees to receive an individualized bond hearing within 90 days is no longer in effect.

As a result, the government has returned to applying the mandatory detention provisions under federal immigration law in affected cases. Individuals and families impacted by immigration detention should consult with experienced immigration counsel to evaluate what legal options may still be available.

Federal Lawsuit Challenges ICE Immigration Arrests at Courthouses

A federal lawsuit has been filed in Massachusetts seeking to halt U.S. Immigration and Customs Enforcement (ICE) arrests in and around courthouses, arguing that the practice discourages immigrants from accessing the justice system.

The lawsuit contends that courthouse enforcement creates fear among victims, witnesses, and defendants, making it more difficult for individuals to report crimes, seek protective orders, or participate in legal proceedings.

If successful, the case could limit ICE’s ability to conduct civil immigration arrests at courthouses and reinforce access to the courts without fear of immigration enforcement. Because policies surrounding courthouse arrests continue to evolve, individuals with upcoming court appearances or immigration concerns should consult with an experienced immigration attorney to understand their rights and develop an appropriate legal strategy.

TPS Updates Remain Important for Immigrant Families

Temporary Protected Status remains a changing area of immigration law in 2026, with country-specific updates affecting families from Haiti, Venezuela, Burma, and other designated countries. Some TPS designations and benefits are affected by ongoing litigation, court orders, or agency announcements, so families should confirm their current status, work authorization expiration dates, and re-registration requirements before making immigration plans.

USCIS Screening and Vetting May Affect Family Cases

USCIS has continued strengthened screening and vetting procedures for certain immigration benefit requests. Family-based applicants should be prepared for possible delays, additional document requests, and closer review of eligibility, identity, and admissibility issues. Families with pending cases should keep addresses updated, respond quickly to USCIS notices, and avoid missing interviews or biometrics appointments.

Citizenship Test Preparation and Naturalization Assistance

At Monty & Ramirez LLP, our immigration attorneys help lawful permanent residents prepare for every stage of the citizenship process. Our team assists clients with evaluating eligibility for naturalization, preparing and filing Form N-400, gathering supporting documentation, and preparing for the USCIS civics and English interview. We also help clients identify potential issues before filing, including extended travel, prior immigration violations, criminal history concerns, or questions regarding continuous residence and good moral character. Becoming a U.S. citizen may provide important benefits, including voting rights, protection from deportation in many situations, and the ability to petition certain family members for immigration benefits. Families interested in learning more about the citizenship process may contact Monty & Ramirez LLP at 281-493-5529 for additional information or assistance.

July 2026 Visa Bulletin

Dates for Filing:

Protecting Your Family’s Future: Estate Planning for Immigrant Families

Immigration status is only one part of protecting your family’s future. Proper estate planning—including wills, trusts, guardianship designations, and powers of attorney—ensures your loved ones are cared for and your assets are protected, no matter what the future holds. For families navigating the immigration system, having a clear legal plan in place is especially important to safeguard minor children, manage property, and provide financial stability. At Monty & Ramirez LLP, we offer comprehensive estate planning services designed to give families peace of mind alongside their immigration strategy. Contact our office at 281-493-5529 to schedule a consultation and put a plan in place that protects what matters most.

For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at in**@*************aw.com