June 2026 Immigration Bulletin: USCIS, Asylum Fees, Visa Bonds, and Case Successes

Index

• New USCIS Standard for Adjustment of Status
• 30-Day Rule for the Annual Asylum Fee
• Annual Fee Consequences for Asylum Applications
• Federal Court Vacates the CBP One Asylum Rule
• “Zero Releases” Period in Border Policy
• Two New Questions Added to Visa Interviews
• Banks Will Now Check Immigration Status
• H-2B Returning Worker Supplemental Cap Reached
• Temporary Pause of Visa Operations
• Popular Articles
• Client Successes

June 2026 brings several important immigration updates for individuals, families, employers, and applicants with pending cases in the United States. This month’s bulletin covers USCIS’s new approach to Adjustment of Status applications, a new 30-day rule for the Annual Asylum Fee, a federal court ruling on CBP One, new screening questions at visa interviews, a presidential executive order affecting banking access for immigrants, and other key DHS and Department of State developments announced in May 2026.

USCIS has introduced a stricter discretionary standard for certain Adjustment of Status applications, signaling a renewed emphasis on consular processing for many applicants. DHS has also announced new asylum fee requirements under H.R. 1, including an interim final rule that creates a strict 30-day payment window for the Annual Asylum Fee. On the litigation front, a California federal court vacated the Biden-era rule that barred asylum for those who crossed the border without a CBP One appointment, an important development for previously denied cases.

Enforcement and visa-related developments also remain active. CBP reported a full year of “zero releases” at the border, the Department of State added two new asylum-related questions to every nonimmigrant visa interview, and a new presidential executive order directs federal financial regulators to treat customer immigration status as a credit and risk factor. USCIS also confirmed that the second allocation of returning worker H-2B visas for FY 2026 has been reached, and the Department of State temporarily paused all visa operations at three U.S. embassies in response to a regional public health concern.

Read our June Immigration Bulletin to learn how these updates may affect pending immigration applications, visa planning, and case strategy in the coming months.

New USCIS Standard for Adjustment of Status

USCIS announced a new policy on May 22, 2026, stating that Adjustment of Status applications will generally be favorably considered as a matter of discretion only in cases involving extraordinary circumstances.

This policy update may significantly affect temporary status holders applying for a Green Card from inside the United States. The announcement appears to place renewed emphasis on consular processing as the default pathway for many applicants, rather than Adjustment of Status inside the U.S.

Applicants with a pending or planned Form I-485 should carefully review how this new discretionary standard may affect their case strategy, timing, and eligibility considerations.

Policy Update: Read more about the new Adjustment of Status policy

30-Day Rule for the Annual Asylum Fee

On April 29, 2026, the Department of Homeland Security published an interim final rule in the Federal Register that establishes consequences for asylum applicants who do not pay the Annual Asylum Fee (AAF) on time. The rule is effective May 29, 2026.

Under the rule, once USCIS issues a notification, the applicant has a strict 30-day window to pay the AAF. If the fee is not paid in time, USCIS will reject the pending Form I-589 asylum application. For applicants without lawful status, USCIS will also initiate removal proceedings, and any pending or approved Form I-765 employment authorization based on the asylum application will be denied or immediately invalidated.

DHS is accepting public comments on this rule through June 29, 2026. Because the 30-day payment window begins when an applicant receives a USCIS notice, asylum applicants with long-pending cases should monitor mail, email, and their USCIS online accounts closely and act on any payment notice without delay.

Federal Register: Read the DHS interim final rule

Annual Fee Consequences for Asylum Applications

DHS announced new asylum fee requirements under H.R. 1 and explained the consequences of failing to pay required annual asylum fees.

Starting May 29, 2026, Form I-102 filings may be rejected if they are not submitted with the correct fee. In addition, certain pending Form I-589 asylum applications may be denied if the applicant fails to pay the required annual asylum fee.

This development is especially important for asylum applicants with long-pending cases. Applicants should confirm whether the new annual fee requirement applies to their case and take timely action to avoid potential denial based on nonpayment.

Fee Update: View the DHS asylum fee announcement

Federal Court Vacates the CBP One Asylum Rule

On May 7, 2026, U.S. District Judge Jon Tigar in the Northern District of California issued an order reaffirming the vacatur of the Circumvention of Lawful Pathways rule, the regulation that required asylum seekers at the southern border to schedule an appointment through the CBP One application before requesting protection. Applicants who crossed the border without a CBP One appointment had generally been presumed ineligible for asylum under that rule.

The court found that the rule imposed conditions on asylum eligibility that were not authorized by Congress. As a result, the rule is currently vacated and unenforceable, unless and until the government obtains a stay on appeal.

The decision is a potentially important development for applicants whose asylum claims were denied or limited because of CBP One requirements. Affected individuals should consult counsel about whether reopening, refiling, or other procedural options may now be available in their specific case.

Litigation Update: Read the case background and current status

“Zero Releases” Period in Border Policy

U.S. Customs and Border Protection announced on May 15, 2026, that U.S. Border Patrol has continued its “zero releases” approach at the border for the twelfth consecutive month.

This announcement reflects the administration’s ongoing border enforcement posture and may affect how recently arrived individuals are processed, detained, or referred for further immigration proceedings.

Individuals and families with loved ones in border custody should closely monitor case location, custody status, and any upcoming immigration court or DHS deadlines.

Details: Read the CBP announcement

Two New Questions Added to Visa Interviews

Effective April 28, 2026, the U.S. Department of State directed every U.S. embassy and consulate worldwide to ask two new screening questions at the start of every nonimmigrant visa interview. The questions are designed to identify applicants who may seek asylum in the United States after entering on a temporary visa.

The two questions are: (1) Have you experienced harm or mistreatment in your country of nationality or last habitual residence? and (2) Do you fear harm or mistreatment in returning to your country of nationality? The rule applies across nonimmigrant categories, including B-1/B-2 visitor, F-1 student, H-1B specialty worker, H-2 seasonal worker, and J-1 exchange visitor.

An answer of “yes” to either question, or a refusal to answer, will result in a visa denial at the consulate, with no consular-level appeal. Applicants who answer “no” and later seek asylum inside the United States may face questions about consistency between their consular statements and their subsequent claim. Visa applicants from countries experiencing conflict or persecution risk should consider these dynamics carefully before their interview.

Department of State: View the Department of State visa news page

Banks Will Now Check Immigration Status

On May 19, 2026, President Trump signed an executive order titled “Restoring Integrity to America’s Financial System.” The order directs the Department of the Treasury, the Consumer Financial Protection Bureau, and federal financial regulators to address risks that the order associates with customers who do not have employment authorization or lawful immigration status.

The order does not require banks to collect immigration or citizenship information from every customer. Instead, it instructs federal agencies to issue guidance on identifying customers whose profiles or transactions may indicate informal work arrangements, payroll tax evasion, or other risk patterns, and to consider whether immigration status should be a factor in credit risk evaluation.

The order sets several deadlines: within 60 days, Treasury must issue a formal advisory on red flags and federal regulators must issue credit risk guidance; within 90 days, Treasury must propose changes to Bank Secrecy Act regulations; and within 180 days, the Treasury Secretary and federal regulators must review the Customer Identification Program rules, including the risks the order attributes to foreign consular identification cards. Immigrants holding loans, mortgages, or accounts opened with an ITIN should follow implementation guidance closely as it is issued.

White House: Read the full executive order

H-2B Returning Worker Supplemental Cap Reached

USCIS announced that the second allocation of supplemental returning worker H-2B visas for Fiscal Year 2026 has been reached.

This update is important for employers with seasonal or temporary labor needs, as well as workers planning to return under the H-2B program. When supplemental allocations are reached, timing becomes especially important for employers preparing future H-2B petitions.

Employers should plan early, monitor cap announcements, and coordinate filing strategy in advance of seasonal hiring needs.

H-2B Cap Announcement: Read the USCIS H-2B update

Temporary Pause of Visa Operations

Effective May 18, 2026, the U.S. Department of State temporarily paused all visa services at three U.S. embassies: Juba (South Sudan), Kinshasa (Democratic Republic of the Congo), and Kampala (Uganda). The pause covers both immigrant and nonimmigrant visa categories, including tourist, business, student, and exchange visitor visas.

The Department of State has indicated the pause is related to the ongoing Ebola outbreak in the region. Currently valid U.S. visas are not affected by the pause. Applicants whose interview appointments were canceled will be notified directly and will be rescheduled once visa operations resume.

Applicants in the affected countries should monitor official embassy notices for updates on scheduling and resumption of services. Nonimmigrant visa application fees remain valid for 365 days from the date of receipt issuance.

Department of State Notice: Read the temporary pause announcement

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Client Successes

Second Mandamus, Second Result

Our Turkish client’s Green Card case had been pending for almost twelve months. This was not his first experience with a delayed immigration case. We had previously filed a mandamus action for his delayed asylum approval, and that case had moved forward successfully.

When his Adjustment of Status case also stalled, we reviewed the timing, venue, and litigation strategy. After the case was refiled in a more favorable federal district, USCIS scheduled his Green Card interview for this summer.

If your immigration case has been pending for months without meaningful action, waiting may not be your only option.

Approval for a Marriage-Based I-485 Case

A Turkish national in Virginia Beach had a marriage-based Green Card application pending with USCIS for fifteen months. She had filed through prior counsel but had not received a decision.

We filed a mandamus action in the Eastern District of Virginia. USCIS later issued a Notice of Intent to Deny based on a prior student visa issue. After submitting evidence explaining her good-faith intent and the equities in her case, the I-485 application was approved.

Even when USCIS raises new concerns after a long delay, a well-prepared response can still lead to approval.

A 23-Month-Pending I-130 File Was Approved in 59 Days

An I-130 petition had been pending for one year and eleven months without a decision. The family had waited for nearly two years with no clear timeline from USCIS.

After we filed a mandamus action in the Eastern District of New York, the petition was approved in 59 days.

When a family petition remains pending for an unreasonable period, federal litigation may help move the case toward a decision.

EB-3 Interview Scheduled After an 8-Month NVC Wait

An EB-3 immigrant visa case had been stuck at the National Visa Center for eight months after becoming current. Although the case was eligible to move forward, no interview had been scheduled.

We filed a mandamus action in the District of New Hampshire on March 19, 2026. On May 20, 2026, the immigrant visa interview was scheduled.

If your employment-based immigrant visa case is current but has not moved forward, there may be legal options to challenge the delay.

Immigration rules, fees, and government policies can change quickly. If you have a pending case or are planning to file a new application, reviewing the latest updates before taking action may help you avoid delays, missed deadlines, or filing issues.

You can contact our office through our short form to discuss your immigration matter and next steps.