October 2026: the new USCIS fees, the lawsuit over adjustment of status, and the end of TPS for Venezuelans
October 2026 is proving to be a month of drastic changes in the U.S. immigration system. From a general fee increase that takes effect on October 16, to a federal lawsuit seeking to halt the harshest adjustment of status policies, to the end of protection for thousands of Venezuelans. If you have a pending application or are planning to start one, this information can directly affect your wallet and your future.
At RISE Immigration Services, we are not lawyers, but we are here to inform you. Here is what is happening and what it means for you.
USCIS announces fee increase starting October 16
USCIS announced that, starting October 16, 2026, fees for several immigration benefits will increase. Any application postmarked on or after that date that does not include the correct fee will be automatically rejected .
The agency has not yet published the full details of the new amounts, but confirmed the increase applies to "several benefits." This means that if you are planning to file an application in the coming weeks, you must verify the updated fee before sending your package. A check for the wrong amount is one of the most common reasons for rejection.
Federal lawsuit seeks to halt the harshest adjustment of status policies
On October 5, 2026, a coalition of unions, academic organizations, immigrant advocacy groups, and individual applicants filed a lawsuit in the District Court of Massachusetts against DHS and USCIS .
The lawsuit challenges two policies that have made the adjustment of status process (the green card from within the USA) much more difficult:
First policy (May 2026): Instructs officers to treat the decision to apply for a green card from within the USA—rather than doing it at a consulate abroad—as a negative factor in evaluating the case. Plaintiffs argue this is an "unprecedented" change that discourages eligible individuals from applying for residency and pressures them to leave the country .
Second policy (August 2026): Allows USCIS officers to deny an application without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), if the application does not include all initial required evidence. Under the previous policy, officers were required to give the applicant an opportunity to correct or complete missing documentation .
The lawsuit seeks a court order to temporarily block these policies while litigation continues. However, both policies remain in effect until a judge decides otherwise
What does this mean for you?
If you have a pending adjustment of status or are thinking about filing one:
Do not withdraw your application because of this memo. The process continues, although there may be more Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) .
If you are filing an I-485, make sure to include all possible evidence on the first attempt. There will no longer be an automatic second chance to correct errors .
Consult with an immigration attorney before making any decision about your case.
TPS for Venezuelans: October 2 is the key date
While Salvadorans with TPS maintain their protection thanks to an automatic 180-day extension after DHS failed to make a definitive decision, the situation for Venezuelans is much more urgent.
The 2021 and 2023 TPS designations for Venezuela were cancelled. However, a court order issued in May 2025 temporarily protected certain Venezuelan beneficiaries, keeping their work permits (EADs) valid until October 2, 2026 .
Starting that date, thousands of Venezuelans who depended on that court order face the loss of their employment authorization and their protection from deportation. USCIS has not issued additional guidance on what will happen after October 2.
What alternatives exist?
The loss of TPS does not necessarily mean there are no options. USCIS recommends evaluating other immigration pathways based on each person's particular circumstances: eligibility for a green card, asylum (if you are still within the one-year deadline), or U visas or T visas if you have been a victim of a crime or trafficking
New rules for Form I-864 (Affidavit of Support)
USCIS published new editions of Forms I-864, I-864A, and I-864EZ on August 31, 2026. Initially, the new forms were mandatory immediately, with no transition period. After a lawsuit filed by the American Immigration Lawyers Association (AILA), USCIS agreed to a 30-day grace period: old forms will be accepted until October 1, 2026, and starting that date only the new versions will be accepted .
The main change is that the new forms include an authorization for USCIS and the Department of State to obtain information from credit agencies, including credit reports and scores, when evaluating whether a sponsor's affidavit of support is sufficient
What you can do today
If you are going to file any application with USCIS, verify the updated fee before October 16. An incorrect amount means automatic rejection .
If you have a pending adjustment of status or plan to file one, include all possible evidence on the first attempt. Do not wait for an RFE that may not come .
If you are Venezuelan with TPS, verify your EAD expiration date and consult with an attorney about your options before October 2 .
If you are going to file an I-864, make sure to use the correct version. Starting October 1, only the new editions are accepted .
Clear information, not legal advice
At RISE Immigration Services, we are not lawyers, but we are here to inform you. This content is a guide based on official USCIS announcements, federal lawsuits, and reliable sources. For specific advice about your case, always consult with a licensed immigration attorney.
References
U.S. Citizenship and Immigration Services. USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related Fees. September 29, 2026 .
Fragomen. Lawsuit Seeks to Enjoin Recent USCIS Policies Affecting Adjustment of Status Applicants. October 5, 2026 .
USAHello. Temporary Protected Status (TPS) for Venezuela. March 18, 2026 .
U.S. Citizenship and Immigration Services. I-864, Affidavit of Support Under Section 213A of the INA. August 30, 2026 .
American Immigration Council. Lawsuit Challenges USCIS Policies Restricting Adjustment of Status for Lawful Permanent Resident. October 5, 2026 .
Manifest Law. USCIS Grants 30-Day Grace Period for New Form I-864. August 30, 2026 .
BAL Immigration Law. Lawsuit challenges Adjustment of Status policies. October 6, 2026 .
Canero Fadul Reis Law. New Form I-864 and Form I-485 Editions: What Sponsors and Green Card Applicants Need to Know. September 2, 2026 .
Immigration Policy Tracking Project. USCIS updates affidavit of support forms. October 6, 2026.
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