Immigration in Focus Episode 9: New USCIS Forms, the New Public Charge Rules & a Warning About AI Immigration Scams

USCIS is making major changes in September 2026, including new editions of Forms I-539 and I-765 beginning September 15 and Form I-485 beginning September 18—with no grace period for older editions after the applicable cutoff dates. Maria Aguila also explains the new public charge guidance in simple terms and discusses a disturbing new trend involving scammers using artificial intelligence to impersonate real immigration attorneys.

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Hello everyone and welcome back to Immigration in Focus. I'm Maria Aguila, an immigration attorney here in Jacksonville, Florida, and today we have a lot to talk about. And when I say a lot, I mean USCIS has apparently decided that September is going to keep immigration attorneys, applicants, and printers very busy. We have three major USCIS form changes, including the green card application and employment authorization application. We have important new guidance about the public charge rule. And then we're going to talk about something completely different, but extremely important as well. Scammers using artificial intelligence to pretend to be real immigration attorneys. And yes, it happened to me. I'll tell you a little bit about that at the end of the podcast, so stay tuned. Yes, you heard that correctly. Fake lawyers, fake videos, fake court hearings, fake social media profiles, and according to a recent report, like fake immigration hearings over Zoom. So today I'm going to break down all of this in plain English, no complicated legal lecture, just the information you need to know. So let's get started. Part one USCIS is changing some very important forms. First, everybody needs to understand something about immigration forms. USCIS forms have addition dates. Think of it like your phone's operating system. You may still have an old version sitting on your computer, but that doesn't necessarily mean USCIS will accept it. And this September, that distinction becomes extremely important. USCIS is changing form I-539, form I-765, and form I-485. And here's a phrase I want you to remember: no grace, period. That means you can't simply say, but I already downloaded the old form, or I just started filling it out two weeks ago. USCIS cares only about which edition is permitted on the date the application is submitted or postmarked. So let's go through these forms. So on September 15th, circle that date on your calendar. Two important forms change that day. Form I-539, which is the application to extend or change your non-immigrant status. In simple terms, certain people use this application when they need to extend their stay in the United States or change from one non-immigrant status to another. Beginning September 15th, USCIS will use a new edition dated September 15, 2026. The previous edition was dated August 28th, 2024. So here's the important part. If the application is postmarked or electronically submitted before September 15, 2026, USCIS will or should accept the older August 28, 2024 edition. But if it is postmarked or electronically submitted on or after September 15, USCIS says that it will reject that old edition. You must use the new September 15 edition. There is no grace period. So September 14 and September 15 could produce two completely different answers about which form you need to use. So this is why I constantly tell people and attorneys: do not save immigration forms on your computer for months and assume they're still current. Go back to USAS, check the edition before you file. Now I know this is one of the most familiar immigration forms because it is the application for employment authorization. That's the form many immigrants use to request an employment authorization document on what most people call simply a work permit. That form is also changing on September 15, 2026. The current edition is dated August 21, 2025. The new edition will be dated September 15, 2026. Again, there is no grace period. Before September 15, USCIS will accept the August 21, 2025 edition. On or after September 15, USCIS says that that August 2025 edition will be rejected. You'll need to use the September 15, 2026 edition. USCACIS says these changes are connected to the new rules establishing fixed periods of admission and extension of state procedures for certain international students, exchange visitors, and representatives of foreign information media. But even if you don't understand all of the regulations behind the chart the change, here's a practical advice. Check the addition date before you file. Don't rely on the form that your cousin downloaded six months ago. Don't rely on the PDF sitting in your downloads folder. Please, please don't Google I765 PDF. Click the first document you see and assume you've got the right one. Please, please go to the USAS website and verify the form addition. Part 3, September 18th. I-485 changes. September 18, 2026. USAS is releasing a new version of the I-485 application to register permanent residence or just status. This is the application commonly used by eligible individuals who are applying for their green card from inside the United States. The current edition is currently dated January 20th, 2025. The new edition will be dated September 18, 2026. And everybody say with me, there is no grace period. If your I4AU5 is postmarked or electronically submitted before September 18, USCIS will accept the January 20th, 2025 edition. But if that old edition is postmarked or electronically submitted on or after September 18, USCIS says it will reject it. So beginning September 18, USCACIS will only accept the new September 18, 2026 edition. But here's another important warning. Newer is always better, but the correct answer always depends on when you are filing. So if you're filing around September 15 or September 18, pay very close attention to these dates. Rejected application can mean lost time, additional expense, and potentially much more serious consequences depending on that person's immigration situation. So part four is addressing why is USCAS changing the I-485 again? This brings us directly to our next big topic. Two words. When public charge applies, the government is asking, is this person likely to become dependent on government assistance in the future? Now that is a very simplified explanation, but it is a very good starting point. And here's something extremely important. This does not mean that receiving one government benefit automatically means your green card will be denied. USCIS is supposed to look at what lawyers call totality of the circumstances. So that sounds complicated, but let me break it down for you. Look at the whole picture. USCIS may examine factors including your age, your health, your family situation, your income, assets, financial resources, your education, your skills, your employment situation and prospects, certain public benefits, and the affidavit of support when one is required, which it almost always is required. So imagine a giant immigration puzzle. USCIS isn't supposed to pick up one puzzle piece and automatically decide the entire case. It's supposed to look at the overall picture. But beginning September 18, USCIS officers will have broader discretion to consider relevant circumstances when making these decisions. And that makes careful preparation extremely important. So part five, public benefits. Let's keep going with this topic. So don't panic and don't guess. This is probably where people will have the most questions. People are going to hear public charge is changing. And then social media will do what social media does. Someone will post, nobody can use Medicaid anymore. Then somebody else will say, if your child gets benefits, you lose your green card. And somebody's aunt will send a WhatsApp voice message saying everybody needs to cancel everything by tonight. But there are more, there are important exemptions, exceptions, timing issues, and individual circumstances. And most importantly, one factor does not automatically decide every case. Public charge laws in general are complicated, and whether it even applies depends on the immigration category. Some categories are exempt. So please don't stop necessary benefits or benefits for which you or your family may lawfully qualify simply because you watched a scary TikTok video. Get reliable advice from an experienced immigration attorney about your particular situation. So part six brings me to the other big story, an immigration scam. Let's switch gears here. I have a story not long ago, maybe it was a few months ago. I had an individual show up in my office who said he was a client of mine and had a picture of a man with my address and my um my office address, but a different telephone number. And he was looking for his lawyer. I'd never met this person. Don't know who he was. We discovered someone had used an AI-generated photo of a random man in a business suit claiming to have a law office at my address. Further digging, we revealed that he was using another lawyer's name and his Florida bar number, but using my address. Turns out it was a complete scam, AI scam. I can only hope this individual didn't pay this scammer money, but there was an article that came out on August 20th that talked about scammers are using artificial intelligence to impersonate real immigration lawyers. We're not just talking about someone creating a fake Facebook account. We're talking about scammers stealing attorneys' names, photographs, signatures, Florida bar numbers, creating fake websites, advertisements. They're posting on TikTok and social media and making videos. One Florida immigration attorney interviewed by WLRNWLRN, who issued this article, said people started calling his office about immigration cases he knew absolutely nothing about. Why? Because they didn't actually hire him. The scammers pretended to be him. Even more disturbing, the report says scammers have allegedly used artificial intelligence to create fake immigration hearings over Zoom. So let's think about this for a moment. Someone believes they hired a real lawyer. They believe they have an immigration court hearing. They see what appears to be a professional video or Zoom proceeding, and the whole thing is fake. This isn't your old-fashioned email from some mysterious individual promising you $10 million. AI is making these scammers taking advantage of those immigrants, really looking for the help that they need and in a much more sophisticated and deceiving way. So part seven, so how do you protect yourself from this? Well, number one, verify the lawyer. If someone claims to be an immigration attorney, check them online. Attorneys are required to be licensed by state bar um Supreme Courts or associations. So for example, if someone tells you I'm a Florida attorney, you can search for that attorney under the Florida bar. Don't just trust the Facebook profile or don't trust the WhatsApp, and don't assume someone is legitimate simply because their profile has a photograph of a real lawyer. That photograph may have been stolen. So go onto the Florida bar, find that actual attorney, and make sure you call that number of the law firm. Call it directly. Instead of clicking the WhatsApp number in the TikTok ad and immediately sending money, call the office on the Florida Bar website and ask, is this person actually working for your office? Is this really your payment link? Did your office actually contact me? Five minutes of verification could potentially save you thousands of dollars and save you from being deported outside the US, deported back to your home country. So, number three, be suspicious of any pressure. If someone says you must send me $5,000 in the next 30 minutes or immigration is coming to arrest you, that should immediately raise red flags. Real immigrations can absolutely involve urgent deadlines, but fear and extreme pressure to pay are also powerful tools for scammers. Verify before you send money. Call the law office that you find on the particular bar website using the number you independently verified. Number five, don't assume video equals reality. Here's the new scary lesson for you. For years, people were told don't believe everything you read online. Now we have to add to that, don't automatically believe everything you see or hear online either. Artificial intelligence can create convincing photographs, voices, and videos. So verification matters more than ever. Part 8. So we've covered a lot of ground today. Let's make this really easy for you. So three things I want you to remember from this episode. Three takeaways. Number one, September 15, 2026, new editions of forms I-539 and I-765 take effect. No grace period, check your form edition. Number two, September 18, 2026. A new edition of form I-485 takes effect along with major changes involving public charge determinations. And again, no grace period for the I-485 new edition. Number three, verify your immigration attorney. Artificial intelligence is making immigration scams much more convincing. A photograph, video, WhatsApp account, TikTok, or Facebook page is no longer enough proof that you're actually communicating with the lawyer or their office staff that you think you're communicating with. Check the attorney's bar license. Find the official law firm contact information independently. Then when something doesn't feel right, stop and verify before sending money or personal documents. Finding good lawyers can be found on the American Immigration Lawyers Association. You can find lawyers who are verified lawyers at Immigration, the American Immigration Lawyers Association, A-I-L-A-A-LA.org. So in closing, immigration law is changing very quickly. And sometimes you feel it feels like you need a calendar, a highlighter, three cups of coffee, and maybe a crystal ball just to keep track of everything. But that's why immigration and focus exists. If you like this podcast, please don't forget to subscribe. My goal is to take complicated immigration news and explain what it means in everyday simple English. I'm Maria Aguila, immigration attorney with the Florida Immigration Law Firm. Until then, stay hopeful, stay informed, and I'll talk to you next time.