r/bradbernsteinlaw

USCIS Tightens Deferred Action Rules in New 2026 Policy Update
▲ 69 r/bradbernsteinlaw+1 crossposts

USCIS Tightens Deferred Action Rules in New 2026 Policy Update

TL;DR: USCIS says deferred action is still available, but approvals will now face much stricter case-by-case review.

  • USCIS updated its policy on deferred action starting May 8, 2026, calling it an “extraordinary” form of prosecutorial discretion.
  • The agency made clear that deferred action is not lawful status and should only be granted in compelling humanitarian or exceptional situations.
  • USCIS also pushed back against broad programs covering large groups, saying requests must get individualized review instead.
  • Common hardship alone will usually not be enough, applicants now need stronger evidence and detailed documentation.
  • Immigrants with medical issues, humanitarian concerns, or strong equities may still qualify, but legal strategy matters more than ever.

Do you think USCIS moving away from broad deferred action programs will leave more immigrants without realistic protections?

u/CompetitiveAct1417 — 23 hours ago

Only 27% of Americans Still See the US as a Great Place for Immigrants

TL;DR: A new AP NORC poll shows only 27% of Americans still see the US as a great place for immigrants, while concerns about immigration enforcement keep growing.

Fewer Americans now believe the US is welcoming to immigrants

  • Only 27% of respondents said the US is still a great place for immigrants, while 61% said it used to be, but no longer is.
  • Many people reported changing daily habits because of immigration enforcement, including carrying citizenship documents more often or avoiding certain public places.
  • Most Americans still support birthright citizenship overall, but opinions split sharply when discussing children born to undocumented immigrants.
  • The Supreme Court is now reviewing issues tied to birthright citizenship, which could reshape immigration law for future generations.
  • Immigration attorneys say families are increasingly seeking legal guidance as policies and court rulings continue evolving.

Do you think public opinion on immigration is changing because of enforcement policies, economic concerns, or something else entirely?

u/spar-bernstein — 7 days ago
▲ 4 r/bradbernsteinlaw+2 crossposts

How do you answer the J1 2-year requirement in the I-485 form if you are no longer subject to it based on the updated skills list but you were subject to it when you were admitted?

We're applying for a green card through our child, who is about to turn 21, but not sure how to answer the J1 2-year requirement. The Department of State came out with a new Federal Register Skills List, where it states that my skills list is no longer subject to the 2-year requirement and I'm not sure whether answering no to the question of whether I've fulfilled the 2-year requirement will automatically result in a denial.

Has anybody else here been in the same situation? If so, I'd love to hear what type of documentation you provided in the RFE. Would really appreciate hearing everyone's experience on this.

reddit.com
u/Lanky-Ad-8334 — 6 days ago

F1 to EB2/Eb3

Hello. I’m currently in the U.S. on an F-1 student status and may be sponsored by an employer as a physical therapist under EB-2 or EB-3. Can I adjust status in the U.S. from an F-1 student status through employer sponsorship (EB-2/EB-3 for physical therapists), or would I still need to go back to the Philippines for a consular interview? Curious what determines whether someone can do Adjustment of Status vs consular processing.

reddit.com
u/Formal_Link_7318 — 4 days ago