Family Immigration Updates: TPS, Advance Parole, DACA, F-1 & Public Charge

El Salvador TPS Ends September 9; Ukraine TPS Changes Ahead

Temporary Protected Status (TPS) for El Salvador is set to terminate on September 9, 2026, while TPS for Ukraine is currently scheduled to end on October 19, 2026. As these dates approach, USCIS has been sending notices to certain TPS beneficiaries who are still waiting for their TPS-based Employment Authorization Document (EAD) applications to be processed. These notices extend qualifying previously expired EADs through the applicable TPS termination date — September 9 for El Salvador and October 19 for Ukraine.

For Salvadoran TPS holders, the September 9 deadline is especially important. Individuals should carefully review their current immigration status, EAD expiration date, and any notices received from USCIS to understand how the termination may affect their ability to continue working and remaining in the United States. Ukrainian TPS holders should also begin preparing ahead of the October 19 deadline and continue monitoring USCIS announcements for any additional changes or guidance.

Major Change to Advance Parole: What Travelers Need to Know

A new immigration decision could have serious consequences for some individuals who travel outside the United States using advance parole.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued Matter of Delcarmen-Lara, overturning a rule that had been in place for more than a decade. Under the new decision, travel with advance parole may now trigger the 10-year unlawful presence bar for certain individuals.

What Changed?

Previously, under Matter of Arrabally and Yerrabelly, traveling with advance parole generally was not considered a “departure” that triggered the unlawful presence bars.

The BIA has now reversed that position. Under the new rule, an individual who has accumulated one year or more of unlawful presence in the United States and then departs using advance parole may trigger the 10-year unlawful presence bar.

What About People Who Already Traveled?

The BIA stated that its new ruling is not retroactive. This means the new interpretation generally does not apply to advance parole travel that occurred before the new decision took effect.

However, any future departure under advance parole is now subject to this new rule, including travel using an advance parole document that was approved or issued before the BIA’s decision.

Having an already-approved advance parole document does not exempt a traveler from the new rule.

Planning to Travel? Get Legal Guidance Before You Leave.

Anyone considering international travel with advance parole, particularly individuals with a history of unlawful presence, should have their immigration history carefully reviewed before departing the United States.

If you have advance parole or are planning international travel and are unsure how this decision may affect you, contact Monty & Ramirez LLP for guidance before you leave the United States.

Call Monty & Ramirez LLP at 281-493-4546 to speak with our immigration team.

DACA Renewal Delays: Expedite Requests and Congressional Assistance

DACA recipients with pending I-821D and I-765 renewal applications who are approaching the expiration of their Employment Authorization Document (EAD) may consider a two-track approach: requesting expedited processing directly from USCIS while also preparing a congressional inquiry.

1. Request Expedited Processing Through USCIS

Before submitting an expedite request, confirm that USCIS has issued receipt notices for both applications, the cases are accessible through the USCIS online account, and any Requests for Evidence have been addressed.

USCIS considers expedite requests on a discretionary, case-by-case basis. Relevant circumstances may include severe financial loss, urgent humanitarian needs, government interests, or clear USCIS error.

A strong request should include documentation demonstrating the impact of a delay, such as:

• An employer letter confirming potential termination, suspension, or unpaid leave if work authorization expires
• Recent pay stubs and evidence of rent, mortgage, utilities, or other financial obligations
• Documentation showing responsibility for dependents
• Medical records or evidence of caregiver responsibilities, when applicable

Applicants can contact the USCIS Contact Center to initiate an expedite request and obtain a service request number. USCIS may then provide instructions for submitting supporting documentation, including a detailed cover letter explaining the basis for the request and consequences of an EAD lapse.

2. Consider a Congressional Inquiry

When an EAD expiration is imminent, employment has already been affected, or there is significant financial or humanitarian hardship, applicants may also consider requesting assistance from their congressional representative or senator.

A congressional inquiry package may include the applicant’s USCIS receipt notices, identification, privacy release form, USCIS service request number, supporting hardship documentation, and a brief timeline explaining the case and urgency.

Congressional assistance can help request a status review or consideration of expedited processing from USCIS. However, neither a congressional inquiry nor approval of an expedite request guarantees approval of the underlying DACA renewal.

Key Takeaway: DACA recipients facing renewal delays should act early. Gathering strong documentation and pursuing both a USCIS expedite request and congressional assistance, when appropriate, may provide additional avenues for addressing an urgent pending renewal.

Public Charge Rules Are Changing September 18: What Families Should Know

Major changes to the federal government’s public charge policy are scheduled to take effect September 18, 2026, and they could affect some individuals applying for permanent residence.

The federal government is rescinding the 2022 public charge rule and USCIS has issued new guidance explaining how officers will evaluate public charge concerns once that rule is no longer in effect. Under the new guidance, USCIS may consider a broader range of means-tested public benefits, potentially including Medicaid, food assistance and certain financial aid. In some circumstances, benefits received by certain family members may also be considered as part of the overall analysis.

Why September 18 Matters

The changes are not yet in effect. Green card applications filed with USCIS before September 18, 2026 will generally continue to be adjudicated under the 2022 public charge policy. Applications filed on or after September 18 will be subject to the new framework.

Importantly, public charge rules do not apply to everyone. U.S. citizens are not subject to the public charge test, and many immigrants are exempt, including refugees, asylees and many individuals applying through U visas, T visas or VAWA. The changes also do not alter a person’s underlying eligibility for public benefits.

Consular Processing Requires Additional Caution

Individuals planning to leave the United States to complete their immigrant visa process at a U.S. embassy or consulate should be particularly careful. The Department of State has separately changed its approach to public charge determinations, and additional changes may follow USCIS’s new guidance.

Because public charge determinations depend heavily on an individual’s immigration category, family circumstances and application process, families should avoid making decisions about benefits—or international travel for consular processing—based solely on general information or fear of the new policy.

If you are preparing to apply for a green card or are concerned about how the September 18 changes could affect your family’s immigration case, speak with a qualified immigration attorney about your individual circumstances.

New F-1 Rule Replaces “Duration of Status” with Fixed I-94 Expiration Dates

Beginning September 15, 2026, F-1 students admitted or readmitted to the United States will receive a specific “Admit Until Date” on their Form I-94 instead of the traditional “Duration of Status” (D/S) notation. This is an important change for international students because their ability to remain in the United States will now be tied to a fixed expiration date that must be carefully monitored.

F-1 students may also need to take additional steps if they need more time to complete their studies or participate in OPT or STEM OPT beyond their authorized stay. Under the new framework, immigration status and employment authorization are separate issues: an I-94 or approved extension of stay determines whether the student may remain in the United States, while an EAD determines whether the student may work when employment authorization is required. This makes it especially important for students to monitor their I-94, I-20 and EAD expiration dates and plan extension filings well in advance.

Students who are already in the United States in D/S status before September 15, 2026, are subject to transition rules, while international travel and reentry may result in issuance of a new I-94 containing a fixed expiration date. F-1 students should review their immigration documents carefully and seek guidance before an expiration date, international travel, a change in academic program, or an OPT/STEM OPT transition to avoid unintended gaps in status or employment authorization.

Federal Court Strikes Down Immigrant Visa Ban Affecting 75 Countries

A federal court has vacated the State Department’s suspension of immigrant visa processing for nationals of 75 countries, removing a major obstacle for families affected by the policy. The suspension had prevented many individuals from receiving immigrant visas based on their nationality and public-charge concerns. The court found that the government could not impose this type of blanket restriction and that applicants must instead receive individualized consideration of their visa eligibility.

The decision is particularly important for U.S. citizens and lawful permanent residents sponsoring family members abroad who may have experienced delays or visa refusals because of the policy. It may allow affected immigrant visa cases to move forward again, although applicants remain subject to the normal eligibility requirements and any other applicable travel restrictions. Families with pending consular cases or prior refusals under the suspended policy should consider reviewing their cases to determine what the ruling means for their next steps.

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.

September 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