On September 23, 2026, U.S. Citizenship and Immigration Services (USCIS) released Policy Alert PA-2026-14. This alert adds new chapters to the USCIS Policy Manual. The chapters guide officers on how to decide if a person is “inadmissible” — meaning not allowed to enter or stay in the United States — because of controlled-substance trafficking, significant trafficking in persons, or money laundering. These changes affect anyone applying for a visa, green card, or other immigration benefit, including people whose applications are already pending. If you are worried this update might affect your case, the first step is to review your record with an immigration attorney before you file anything new or respond to a USCIS request.
Background: What This Means
Section 212(a)(2) of the Immigration and Nationality Act (INA) lists criminal grounds that can make a person inadmissible. This includes convictions and, in some cases, conduct that never led to a conviction. The new Policy Manual chapters explain, in more detail than before, how USCIS officers should evaluate:
- Controlled-substance trafficking — buying, selling, or transporting illegal drugs, or helping someone else do so.
- Significant trafficking in persons — using force, fraud, or coercion to make someone work or perform commercial sex acts, often called human trafficking.
- Money laundering — moving money that came from illegal activity to hide where it came from.
According to USCIS, the guidance is effective immediately and applies to both new filings and cases already pending as of September 23, 2026 (uscis.gov/policy-manual). The alert clarifies that officers may look beyond a formal conviction. A sworn statement, a plea agreement, or even reliable law-enforcement reports can support a finding of inadmissibility in some situations. This is an important change because it broadens the type of evidence officers can use.
How This Affects Applicants and Families
This guidance can touch many types of cases nationwide, including:
- Family-based green card applicants. A spouse, parent, or adult child petitioning for a relative should know that old arrests or foreign convictions related to drugs, trafficking, or money laundering may now get closer review. This matters for anyone working through family-based immigration petitions.
- Employment-based visa and green card applicants. Executives, managers, and skilled workers applying through routes such as L-1A visas or employer-sponsored green cards should disclose any past legal issues honestly, since the new chapters give officers more tools to check financial or criminal history tied to money laundering.
- Investors. Because money laundering findings often involve financial transactions, people applying for EB-5 investor green cards or other investor-based visas may face extra scrutiny of the source of their investment funds.
- People in removal proceedings. Anyone already facing immigration court can find these same grounds raised as a basis for inadmissibility or removal, making it important to speak with counsel handling removal defense and immigration court matters.
Even people with old, minor, or dismissed charges should not assume they are safe from review. The guidance instructs officers to look at the full picture, not just whether a conviction exists on paper.
What You Should Do Now
If you have any pending USCIS application, or you are planning to file one, consider these steps:
- Pull your full record. Request certified copies of any arrest, court, or police records, even for old or minor incidents, anywhere in the world.
- Review pending applications. If you already filed a family or employment-based petition, check whether any past incident could now be viewed differently under the new chapters.
- Do not guess about disclosure. Answering a USCIS question incorrectly, even by mistake, can create separate problems for fraud or misrepresentation.
- Gather financial documentation. If your case involves an investment or business income, keep clear records showing the lawful source of your funds.
- Talk to an immigration attorney before responding to any Request for Evidence (RFE) or Notice of Intent to Deny (NOID). These notices often have short deadlines, and how you respond can affect the entire case.
You can read the official policy alert directly on the USCIS website at uscis.gov/newsroom/alerts for the most current text, since USCIS may issue follow-up guidance. All figures and effective dates in this article are accurate as of September 28, 2026.
How Tez Law P.C. Can Help
Tez Law P.C. reviews immigration records and pending applications to help identify possible inadmissibility issues under the updated Policy Manual chapters. The firm can help prepare responses to USCIS Requests for Evidence or Notices of Intent to Deny, and can assist with waivers or other legal options where they may be available. Attorney JJ Zhang (California Bar #326666) and the Tez Law P.C. team work with clients nationwide on family, employment, and investor-based immigration matters, as well as removal defense.
Frequently Asked Questions
Does this new USCIS guidance create a new law?
No. It does not change the INA itself. It gives USCIS officers more detailed instructions on how to apply the existing inadmissibility grounds in section 212(a)(2) for trafficking and money laundering cases.
Does this apply to my case even though I already filed my application?
Yes. USCIS states the guidance applies to pending applications as well as new ones filed on or after September 23, 2026.
Can an old arrest that never led to a conviction still affect my case?
It may. The updated chapters allow officers to consider reliable evidence of trafficking or money laundering conduct, not only a formal conviction, when deciding inadmissibility.
What if I receive a Request for Evidence about a past legal issue?
Read the deadline carefully and gather any related documents right away. It is generally a good idea to speak with an immigration attorney before submitting a response, since the answer can affect your entire case.
Is a waiver available if I am found inadmissible?
Some inadmissibility grounds have limited waiver options, while others do not. Whether a waiver may apply depends on the specific facts of your case and the ground involved.
If you have questions about how Policy Alert PA-2026-14 might affect your pending or future immigration case, you can schedule a consultation with Tez Law P.C. by visiting the contact page or exploring the firm’s immigration law overview for more information on available services.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact Tez Law P.C. at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.