Dear fellow community members and readers of the Dallas Vietnamese Weekly,

As Vietnamese living far from home in America, each of us has been through, is going through, or will one day go through an immigration filing for a loved one. To help you stay informed in a timely and accurate way, I, Charlie Nhan Tran, offer through the “Góc Nhìn Charlie” (Charlie’s Perspective) column analysis from someone who works in this field, in the hope that you can prepare your filings carefully, protect yourself and your family, and avoid needless losses.

In this issue, Charlie covers the two most important legal changes that you must pay close attention to:

First: Denial without warning – in effect since August 5

What changed: In the past, if a filing was missing documents or initial evidence, USCIS usually sent a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) so you had a chance to submit more documents and keep the case moving. Since August 5, 2026, however, USCIS has restored full authority for immigration officers to DENY A CASE IMMEDIATELY, without issuing an RFE or NOID, if the filing lacks the required documents or if the officer finds you did not prove eligibility for the immigration benefit at the time of filing.

Why this rule? Under the previous administration, immigration policy was looser, which let many cases “jump the line” or abuse the system and sit in the queue, overloading it and lengthening processing times for people with legitimate, complete filings. The new administration prioritizes processing efficiency, so the new policy is aimed at cracking down on deliberately thin “placeholder” filings, that is, filings that intentionally leave out required evidence in order to obtain a work permit (EAD) or travel permit (Advance Parole) while waiting for a request for more evidence. These filings clog the system and slow down everyone else who is waiting in good faith.

What is worth noting is that this rule applies to all cases already in the queue, not just new ones. So if you need to add evidence to your case, do it as early as possible, before the case comes up for review, because it will be too late to supplement it afterward. A direct denial means you lose the entire filing fee (which has already risen sharply), lose a lot of time, and, more dangerously, may fall out of lawful status. Preparing a complete, 100% accurate filing from day one is therefore decisive for the success of your case and for any later immigration steps.

Next: The Public Charge rule for green cards – effective September 18, 2026

On this policy, you need to understand the legal reality to avoid harmful confusion. The Department of Homeland Security (DHS) has formally rescinded the narrower 2022 rule and, since September 18, 2026, applies a broader evaluation standard. How much it affects you depends on when you received a benefit:

For benefits received before September 18, 2026: Immigration officers will weigh them negatively only if you received cash assistance for income maintenance (such as SSI, TANF, or state cash assistance) or were in long-term institutional care paid for by the government. Non-cash benefits such as food stamps (SNAP), regular Medicaid, CHIP, WIC, or public housing received during this period are not counted as a public charge.

For benefits received from September 18, 2026 onward: Immigration officers are authorized to consider many kinds of means-tested public benefits. Enrolling in or receiving programs such as food stamps (SNAP), Medicaid, children’s health insurance (CHIP), WIC, housing assistance (Section 8), or college financial aid from September 18, 2026 onward may be counted as a negative factor when your green card application is reviewed.

However, not everyone who applies for or receives public benefits will be harmed, because USCIS always considers the applicant’s circumstances as a whole, such as age, health, family, education, the I-864 Affidavit of Support, and so on. Depending on your situation, your case will be reviewed carefully. In addition, some people are NOT affected by this rule. The Public Charge rule does NOT apply to applicants for naturalization (Form N-400), to refugees and asylees, or to victims of crime or abuse (U visa, T visa, VAWA). So if you are about to apply for citizenship, you are not affected by this change.

Another important note concerns forms: from September 18, 2026, USCIS requires the edition of Form I-485 dated 09/18/26 and will immediately reject filings that use the old edition. So if you do not fill out the form yourself and instead use a form-preparation service, be careful to check which edition they use, to avoid having your filing returned and losing money and precious time.

We hope this accurate and detailed information from “Góc Nhìn Charlie” helps you prepare your family’s immigration filings more proactively and carefully.

If you still have concerns or questions, Charlie is glad to receive your questions and feedback at [email protected], and will answer them in upcoming issues of “Góc Nhìn Charlie.”

Wishing you peace and success on your settlement journey in the United States!

Charlie Nhan Tran, MBA