Wilberforce Center

08/18/2026

08/11/2026

WILBERFORCE IMMIGRATION ADVISORY
USCIS Establishes Framework for Mandatory Electronic Filing
Date: August 11, 2026
Subject: USCIS Mandatory Electronic Filing (e-Filing) Interim Final Rule
Authority: 91 Fed. Reg. 51924 (Aug. 11, 2026)
Effective Date: August 11, 2026
Comment Deadline: October 13, 2026
ISSUE

On August 11, 2026, U.S. Citizenship and Immigration Services (USCIS) issued an Interim Final Rule (“IFR”) establishing a regulatory framework that allows USCIS to require electronic filing for forms that have been available for electronic filing for at least 180 days.

The rule is significant because it moves USCIS toward a system in which electronic filing may increasingly become mandatory rather than optional.
The rule does not, however, require every USCIS form to be filed electronically as of August 11, 2026.

WHAT CHANGED
The IFR gives USCIS authority to designate qualifying forms for mandatory electronic filing. A form may become subject to mandatory e-filing after it has been available electronically for at least 180 days and USCIS implements the applicable mandatory filing requirement. As a result, USCIS is positioned to transition from optional electronic filing to mandatory electronic filing on a form-by-form basis.

The rule also establishes procedures through which individuals may request a waiver from an applicable electronic-filing requirement.

WHO IS AFFECTED
The rule potentially affects:
• Applicants and petitioners filing immigration benefit requests with USCIS;
• Attorneys and accredited representatives submitting filings on behalf of clients;
• Employers sponsoring foreign nationals;
• Individuals who have limited internet access or difficulty using USCIS electronic systems; and
• Organizations and legal service providers that rely heavily on paper-based filing and case-management processes.
The immediate effect will depend on whether USCIS has designated the particular form involved in a case for mandatory electronic filing.

WILBERFORCE CLIENT IMPACT
No Immediate End to Paper Filing
Clients should not interpret the August 11 effective date to mean that all USCIS paper filings have ended.
The IFR establishes the framework for mandatory electronic filing. The applicable filing method must still be determined for the particular form and benefit request.
Greater Reliance on USCIS Online Systems
Clients should expect increased reliance on USCIS online accounts and electronic communications.
Clients should:
• Maintain reliable access to their email accounts;
• Preserve USCIS online-account credentials securely;
• Promptly notify counsel of USCIS electronic notices or account activity;
• Maintain clear electronic copies of passports, immigration documents, civil records, photographs, and supporting evidence; and
• Coordinate with counsel before independently submitting documents or responses through a USCIS online account.

Filing Method May Affect Case Acceptance
As mandatory e-filing expands, determining how a case must be filed will become an increasingly important component of filing strategy.

Submitting a paper application when electronic filing is mandatory may create acceptance or rejection issues. Those consequences can be particularly serious when a case involves a filing deadline, maintenance of immigration status, employment authorization, an age-out concern, or another time-sensitive benefit.

WAIVERS AND ACCESS CONCERNS
The IFR provides a mechanism for requesting a waiver of a mandatory electronic-filing requirement.
This provision may be particularly important for individuals who face technological, accessibility, or other barriers to electronic filing.

The availability of a waiver should not be treated as automatic authorization to file on paper. Once a form becomes subject to mandatory electronic filing, practitioners should determine whether a waiver is available and whether the client satisfies the applicable requirements before submitting a paper filing.

WILBERFORCE TAKEAWAY
This rule marks a significant procedural transition, but it does not eliminate paper filing across USCIS overnight.
The critical distinction is between a form that USCIS allows to be filed electronically and one that USCIS requires to be filed electronically.

For Wilberforce clients, the practical rule is:
Do not assume a case must be filed electronically simply because the IFR is now effective—and do not assume paper filing remains permissible simply because USCIS accepted the same type of case on paper in the past.

For practitioners, filing method should now be treated as a case-specific requirement that must be verified before submission.
The Wilberforce Center will continue monitoring USCIS implementation, including announcements identifying forms subject to mandatory electronic filing and developments concerning waiver procedures.

AUTHORITY & KEY DATES
Rule: Mandatory Electronic Filing (e-Filing), Interim Final Rule
Agency: U.S. Citizenship and Immigration Services, Department of Homeland Security
Citation: 91 Fed. Reg. 51924 (Aug. 11, 2026)
DHS Docket: USCIS–2026–0232
RIN: 1615–AD19
Effective: August 11, 2026
Comments Due: October 13, 2026

The Wilberforce Center provides this advisory for informational and educational purposes. It does not constitute legal advice and does not create an attorney-client relationship. Immigration law, agency policy, filing procedures, and implementation guidance may change. The requirements applicable to a particular matter should be confirmed at the time of filing.

08/11/2026

Wilberforce Travel Advisory

Domestic Air Travel and Increased Immigration Enforcement at U.S. Airports
Updated: August 11, 2026

The Wilberforce Center is advising non-U.S. citizen clients to exercise increased caution when traveling by air within the United States. Recent reports from immigration attorneys and civil-rights organizations indicate increased immigration enforcement activity at U.S. airports, including arrests or detention of some noncitizens traveling on domestic flights.

This advisory does not mean that every immigrant should avoid domestic air travel. However, individuals with uncertain, expired, temporary, or complicated immigration status should consult with qualified immigration counsel before flying.

What Is Happening?
Recent reports indicate that U.S. Immigration and Customs Enforcement (ICE) has detained or arrested some noncitizens in connection with domestic air travel. The American Immigration Lawyers Association (AILA) reported on July 27, 2026, that attorneys in multiple states had observed increased detention of noncitizens at airports during domestic travel. According to AILA, reported cases have included individuals with no criminal history and individuals with pending immigration applications, employment authorization, asylum applications, or other immigration documentation.

There are also concerns regarding the sharing or use of airline passenger information by federal immigration authorities.
At this time, clients should not assume that presenting an identification document accepted by the Transportation Security Administration (TSA) means that they are protected from questioning or enforcement by another component of the Department of Homeland Security.

An Expired Visa Does Not Necessarily Mean Unlawful Presence
It is important to distinguish between a visa and a person's immigration status or authorized period of stay in the United States.
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A visa placed in a passport is primarily a document used to request admission to the United States. The expiration of the visa stamp does not necessarily mean that the person is unlawfully present in the United States.

For example, a person may have an expired visa stamp but have:
• an unexpired I-94;
• an approved extension or change of status;
• a timely filed application affecting the person's authorized stay;
• a pending adjustment-of-status application;
• a pending asylum application;
• employment authorization;
• parole or advance parole; or
• another immigration benefit or protection.

Because immigration histories can be complicated, an electronic record or initial database inquiry may not always present the complete legal picture.

Who Should Be Particularly Cautious?
We strongly recommend obtaining individualized immigration advice before domestic air travel if any of the following applies:
• Your visa or I-94 has expired.
• You entered the United States without inspection.
• You have a pending asylum application but do not currently hold another lawful immigration status.
• You have a pending adjustment-of-status application and your previous immigration status has expired.
• You have TPS, parole, deferred action, or another temporary immigration protection.
• You previously overstayed a visa or violated immigration status.
• You have ever been placed in immigration court proceedings.
• You missed an immigration court hearing.
• You have, or may have, an outstanding removal or deportation order.
• You have previously been granted voluntary departure.
• Your immigration documents contain inconsistent information.
• USCIS, CBP, ICE, or the immigration court may have outdated information concerning your case.
• You are unsure of your present immigration status.
If you are uncertain whether one of these circumstances applies to you, speak with immigration counsel before traveling.

What Documents Should Travelers Carry?
The appropriate documents depend upon the traveler's individual immigration history. Where applicable, travelers should consider carrying original documents or readily accessible copies of important immigration records, including:
• Passport or other government-issued identification;
• Form I-94;
• Permanent Resident Card (green card);
• Employment Authorization Document;
• Current Form I-797 approval notices;
• USCIS receipt notices for pending applications;
• Evidence of a pending Form I-485;
• Evidence of a pending asylum application;
• Advance parole documentation;
• TPS documentation;
• Immigration court orders or other relevant court documents; and
• Contact information for immigration counsel.

Travelers should also consider leaving copies of important immigration documents with a trusted family member or other responsible person.

Know your A-number, if you have one, and make sure a trusted person knows how to contact your immigration attorney or accredited representative.

Important: A Work Permit Does Not Necessarily Equal Lawful Immigration Status
Clients should understand that having an Employment Authorization Document (EAD or “work permit”) does not necessarily mean that the person presently holds lawful immigration status. Similarly, having a pending asylum application, pending adjustment application, or other pending immigration benefit does not necessarily prevent ICE from initiating enforcement action.

The legal consequences depend upon the person's complete immigration history.

If You Are Questioned at an Airport
Remain calm and do not physically resist an officer.

Do not provide false information, false documents, or claim to be a U.S. citizen if you are not a U.S. citizen.
You may ask: “Am I free to leave?”
If the officer says yes, you may calmly leave.

If you are detained, you may state:
“I wish to remain silent and speak with an attorney.”

Do not sign an immigration document that you do not understand without first requesting an opportunity to speak with qualified immigration counsel.

Different rules may apply at international borders and ports of entry, and certain constitutional protections operate differently in border-search situations. This advisory primarily concerns domestic air travel within the United States.

Reports of Incorrect Immigration Records
We are aware of concerns that individuals may sometimes be identified by government records as having expired or invalid immigration documentation even when their actual immigration circumstances are more complicated.

Because immigration status can depend upon I-94 records, USCIS filings and approvals, immigration court proceedings, parole, asylum filings, and other factors, the expiration date printed on a visa stamp alone does not determine whether a person is lawfully present or otherwise authorized to remain in the United States.

Clients with complicated histories should therefore consider having their immigration records reviewed before traveling rather than attempting to resolve a discrepancy after an airport encounter occurs.

Should I Cancel My Flight?
Not necessarily.
Risk varies substantially depending upon the traveler's individual circumstances.

A lawful permanent resident with a valid green card or a nonimmigrant maintaining clearly documented lawful status presents a very different immigration-enforcement profile from an individual with an outstanding removal order, an expired I-94, or a pending immigration application following the expiration of prior status.

For this reason, The Wilberforce Center does not recommend a blanket rule that all noncitizens avoid domestic air travel.
Instead, we recommend a case-specific travel-risk assessment for clients whose immigration circumstances are uncertain or complicated.

Before You Travel
If you are a Wilberforce Center client and have concerns about domestic air travel, contact our office before your departure date.

Please provide:
1. Your proposed departure and return dates;
2. The airports through which you will travel;
3. Whether the travel is entirely within the United States;
4. Your current immigration documents;
5. Your most recent I-94, if applicable;
6. Copies of relevant USCIS notices; and
7. Information concerning any prior immigration court proceedings, arrests, removal orders, or encounters with immigration authorities. This information will allow us to evaluate your circumstances more accurately.

Emergency Planning
Before traveling, clients with heightened immigration risk should make sure that a trusted person has:
• Their full legal name and date of birth;
• Their A-number, if applicable;
• Copies of important immigration documents;
• Their travel itinerary;
• Their attorney's or representative's contact information; and
• Information necessary to locate them if they are detained.
Family members should know whom to contact if the traveler does not arrive as expected.

Reliable Information Matters
Immigration enforcement practices are changing rapidly. Social-media posts and secondhand reports may contain incomplete or inaccurate information.

The Wilberforce Center is monitoring reports concerning immigration enforcement associated with domestic air travel. We encourage clients to rely on individualized legal advice and current information from qualified immigration practitioners rather than assuming that another traveler's experience will necessarily apply to their own case.

IMPORTANT DISCLAIMER
This advisory provides general educational information only and is not individualized legal advice. Immigration consequences depend upon each person's complete immigration and criminal history. Receipt of this advisory does not create an attorney-client relationship.

Do not make a significant immigration or travel decision solely on the basis of this advisory. If you have questions about your individual circumstances, consult a qualified immigration attorney or DOJ-accredited representative before traveling.

THE WILBERFORCE CENTER
Client Advisory — Domestic Air Travel and Immigration Enforcement
Updated August 11, 2026

08/10/2026

MAJOR CHANGES TO ASYLUM POLICY CONTINUE

In light of the significant changes in asylum policy and guidance, as well as the various motions and revetting being conducted against current asylum seekers—including the dismissal of cases without a hearing, the transfer of cases from USCIS to EOIR, and placement into removal proceedings—The Wilberforce Center is focusing on a new comprehensive asylum review process in response to these recent developments.

We believe this service will provide a valuable resource to individuals with pending asylum cases, including both affirmative and defensive asylum applicants.

For more information write to [email protected] or call the
Wilberforce General Office Telephone: 336-815-0123
Case Manager and Administrative Support:
Leigh Ann @ 336-815-0123 (Extension #2) or her email at [email protected]

Website: https://www.wilberforcecenter.com/

Translators available

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07/27/2026

USCIS Announces Major Change to the Affirmative Asylum Process: What Applicants Need to Know [July 27, 2026]

The William Wilberforce Center is closely monitoring a significant procedural change announced by the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) that could substantially affect individuals seeking asylum through the affirmative asylum process.

On July 27, 2026, DHS announced an Interim Final Rule that authorizes USCIS, under certain circumstances, to refer an affirmative asylum application directly to the Immigration Court without first conducting an asylum interview. While we are continuing to review the full regulatory text and implementation guidance, this development has the potential to alter longstanding practices in affirmative asylum representation.

How the Process Has Traditionally Worked
For many years, individuals seeking asylum affirmatively have generally followed this process:
1. File Form I-589 with USCIS.
2. Attend an in-person interview before a USCIS Asylum Officer.
3. Receive one of several possible outcomes:
4. Approval of asylum;
5. Denial (if the applicant maintained lawful immigration status); or
6. Referral to the Immigration Court through the issuance of a
Notice to Appear (NTA) if the applicant was not in lawful status.

The asylum interview has traditionally been one of the most important stages of the process. It allows applicants to explain their claims personally, clarify inconsistencies, answer questions from the asylum officer, and provide additional supporting information.

What Has Changed?
According to DHS, the new Interim Final Rule permits USCIS to refer certain affirmative asylum applications directly to the Immigration Court without first scheduling or conducting an asylum interview.

The stated purpose of the rule is to:
• reduce the significant affirmative asylum backlog;
• eliminate what DHS considers duplicative adjudications;
• allow asylum officers to focus resources on cases likely to be granted; and
• move cases more efficiently through the immigration system.

Importantly, a referral to Immigration Court is not a denial of the asylum application. Rather, the Immigration Judge will consider the asylum claim anew during removal proceedings.

What Does This Mean for Asylum Applicants?
Although many questions remain unanswered, several practical implications are already becoming apparent. Historically, attorneys often filed an initial asylum application to preserve important filing deadlines and then supplemented the application with a detailed declaration, country conditions evidence, medical records, affidavits, and other corroborating documentation before the asylum interview.

If USCIS now has the authority to refer certain cases before conducting an interview, the initial filing may become considerably more important than it has been in the past. Applicants should not assume that they will automatically have an opportunity to explain their claims personally to a USCIS Asylum Officer before their cases are referred to Immigration Court.

Implications for "Skeletal" Asylum Applications
Many practitioners, particularly when facing the one-year filing deadline or other urgent circumstances, have historically submitted what are commonly referred to as skeletal asylum applications. These filings generally include the completed Form I-589 together with limited supporting information, with the understanding that a more detailed declaration and documentary evidence would be submitted later.

At present, it is unclear how USCIS will treat pending skeletal applications under the new rule.

One important unanswered question is whether applicants will continue to have a meaningful opportunity to supplement their applications before USCIS determines whether to retain jurisdiction or refer the matter to Immigration Court.
Until USCIS provides additional guidance, applicants and their attorneys should carefully evaluate whether supplemental evidence should be submitted as soon as practicable.

Additional Consideration: Pretermission
One additional concern raised by the new rule involves the doctrine of pretermission. Pretermission is the dismissal or denial of an application without an evidentiary hearing because, even assuming the applicant's factual allegations are true, the applicant is legally ineligible for the relief sought.

The Trump administration began aggressively scaling up the use of "pretermission" in immigration courts in April 2025 and drastically escalated the practice as a primary enforcement strategy starting in early November 2025. As a formal procedural tool, pretermission—allowing an immigration judge to summarily dismiss an application without a full merits hearing—has technically existed under U.S. immigration regulations and case law for decades to handle legally flawed filings, but it was historically a seldom-invoked administrative shortcut until the recent crackdown.

In immigration law, pretermission most commonly occurs when an Immigration Judge determines that:
• The application is barred as a matter of law.
• There is no genuine issue of material fact requiring testimony.
• Even if all of the applicant's factual allegations are accepted as true, the applicant cannot prevail as a matter of law.

Examples may include cases involving the one-year asylum filing deadline where no exception applies, the firm resettlement bar, certain statutory criminal bars, or other threshold eligibility requirements that render an applicant legally ineligible for relief.
This differs significantly from a traditional merits hearing. During a merits hearing, the applicant testifies, witnesses may be called, documentary evidence is introduced, and the Immigration Judge makes factual findings and credibility determinations. By contrast, in a pretermission ruling, the Immigration Judge resolves the case based upon the pleadings and undisputed facts because the legal issue alone is dispositive.

In the context of the new USCIS rule, practitioners should be mindful that if an affirmative asylum application is referred to Immigration Court based primarily upon a skeletal filing, there may be circumstances in which the government seeks pretermission on a threshold legal issue before a full evidentiary hearing occurs. Whether pretermission is appropriate will depend upon the specific legal issue presented and whether genuine disputes of material fact require testimony. For this reason, the completeness and legal sufficiency of the initial filing may become even more important under the new procedural framework.

What Happens After Referral?
If USCIS refers an affirmative asylum application to the Immigration Court:
• the asylum application is not automatically denied;
• removal proceedings are initiated;
• the Immigration Judge reviews the case independently (de novo);
• applicants generally retain the opportunity to testify, present witnesses, submit additional evidence, and amend or supplement their applications in accordance with the Immigration Court's deadlines. Although the forum changes, applicants continue to have the opportunity to pursue asylum and, where appropriate, withholding of removal or protection under the Convention Against Torture.

What We Still Do Not Know
As of today, several important questions remain unanswered:
• Which cases will USCIS select for immediate referral?
• Will certain categories of cases continue to receive interviews?
• Will pending applications be affected, or only newly filed cases?
• How much opportunity will applicants have to supplement pending applications before referral?
• Will USCIS issue additional policy guidance regarding implementation?

The answers to these questions will likely determine the practical impact of this rule on affirmative asylum practice.

Our Recommendation
If you currently have a pending affirmative asylum application before USCIS, do not panic. This rule does not eliminate the right to seek asylum, nor does it automatically result in the denial of any pending application. However, it does reinforce the importance of submitting the strongest application possible and working closely with experienced immigration counsel throughout the process.

The William Wilberforce Center is actively reviewing the Interim Final Rule and its implementation. We are evaluating its potential impact on our clients and will continue to provide updates as additional guidance becomes available.

The William Wilberforce Center
A Place of Welcome.
An Advocate for Justice.
A Pathway to Hope.
📞 (336) 815-0123
🌐 www.wilberforcecenter.com

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Every immigration case is unique, and the application of the law depends upon the specific facts of each case. Individuals should consult with a qualified immigration attorney regarding their particular circumstances.

07/25/2026

Legislation Introduced to Restore TPS for Afghan Nationals

The Wilberforce Center is encouraged by the introduction of the Bipartisan Afghanistan TPS Act of 2026 in the U.S. House of Representatives.

The legislation would restore Temporary Protected Status (TPS) for eligible Afghan nationals currently in the United States through July 1, 2029. If enacted, the bill would provide temporary protection from removal and employment authorization while many Afghan families continue to pursue permanent forms of immigration relief.

The bipartisan bill was introduced by Representatives Jason Crow (D-CO), Don Bacon (R-NE), Maria Salazar (R-FL), and Sam Liccardo (D-CA) and reflects continued concern for the safety of Afghans who cannot safely return to their homeland under Taliban rule.

For many of the Afghan families we serve at The Wilberforce Center, this legislation could provide an important humanitarian safeguard while asylum applications, Special Immigrant Visa (SIV) petitions, or other immigration cases remain pending.

Please note: This is currently proposed legislation. It has been introduced in Congress but has not yet become law. We will continue to monitor its progress and provide updates as they become available.

Please continue to pray for the people of Afghanistan, for the many families seeking safety here in the United States, and for wisdom for our nation's leaders as they consider this important legislation.

The Wilberforce Center remains committed to providing compassionate, high-quality legal representation and advocacy for vulnerable refugees and asylum seekers from around the world.

07/18/2026

Wilberforce Immigration Update
DHS Rescinds 2022 Public Charge Rule
Effective September 18, 2026

The U.S. Department of Homeland Security (DHS) has issued a Final Rule rescinding the 2022 Public Charge regulations. While the Public Charge law itself has not changed (INA § 212(a)(4)), USCIS officers will once again have broader discretion when evaluating whether an applicant for lawful permanent residence (a green card) is likely to become a public charge.

What is the Public Charge Rule?
When determining whether someone may become a public charge, USCIS considers the applicant's overall circumstances, including:
• Age
• Health
• Family status
• Assets, resources, and financial situation
• Education and job skills

For many family-sponsored immigrants, USCIS must also review a valid Form I-864, Affidavit of Support.

What Has Changed?
The detailed 2022 regulations have been repealed.
Beginning September 18, 2026, USCIS officers will return to making a more individualized assessment under the Immigration and Nationality Act, giving officers greater discretion to evaluate an applicant's overall financial circumstances.

What Should Green Card Applicants Do?
Applicants should be prepared to provide strong evidence demonstrating financial stability and future self-sufficiency, including:
✅ Employment verification or job offers
✅ Recent federal tax returns
✅ Savings and other financial assets
✅ Health insurance coverage
✅ Educational degrees and professional licenses
✅ Evidence of future earning capacity

While the Affidavit of Support (Form I-864) remains important in many family-based cases, it may not be sufficient by itself to address all public charge concerns.

Who Is NOT Affected?
The Public Charge ground of inadmissibility does not apply to many humanitarian immigration categories, including:
• Refugees
• Asylees (including most asylee adjustments)
• VAWA self-petitioners
• U Visa applicants
• T Visa applicants
• Special Immigrant Juveniles (SIJS)
• Other categories specifically exempted by Congress

Wilberforce Practice Tip
If you are applying for lawful permanent residence, now is an excellent time to begin assembling documentation demonstrating your financial stability, employability, and long-term ability to support yourself. A well-prepared application will be more important than ever under the restored discretionary framework.

Need Immigration Guidance?
📞 Phone: (336) 815-0123
📧 Email: [email protected]
🌐 Website: www.wilberforcecenter.com

The Wilberforce Center for Justice & Human Rights is a nonprofit law center serving immigrants, refugees, and vulnerable individuals through compassionate legal advocacy, education, and strategic representation.

Seeking Justice. Defending the Vulnerable. Restoring Hope.

Disclaimer: This update is provided for general informational purposes only and does not constitute legal advice. Every immigration case is unique. Individuals should consult a qualified immigration attorney regarding their specific circumstances.