MASSA VIANA LAW | IMMIGRATION UPDATE | October 2026
5 Things You Need to Know This Week
Stay updated with the most important Immigration News and developments that matter most to you — clearly explained, with guidance on what to do next.
1- Our Team Travels to Salvador, Bahia, to Train Our Brazilian Team
Earlier this month, members of our team traveled to Salvador, Bahia, to train our Brazilian team. The room was full: attorneys and staff gathered together, dedicated to their work and to one another. We believe the quality of the work we do for our clients depends directly on the quality of the people who do that work. Keeping this team well prepared and aligned is not optional. It is how we maintain the standard our clients deserve.
2- Warning: Traveling on Advance Parole May Make You Inadmissible. Check With Your Attorney Before You Travel.
In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), decided August 13, 2026, the Board of Immigration Appeals held that leaving the United States on Advance Parole counts as a “departure” under the unlawful presence bars of immigration law. The decision overrules Matter of Arrabally and Yerrabelly, the 2012 precedent that for fourteen years protected many people with unlawful presence who traveled on Advance Parole. In practical terms, a person who accrued one year or more of unlawful presence and then travels abroad, even with Advance Parole in hand, may be found inadmissible under the 10-year bar on return. The Immigrant Legal Resource Center advises that the same reasoning reaches the 3-year bar for those with more than 180 days of unlawful presence.
The Board applied its holding going forward, so trips taken before the decision are not judged under the new rule.
What this means for you: If you have Advance Parole and are planning to travel, do not book a flight until you have spoken with your attorney about whether travel makes sense in your situation. This applies even if you have traveled on Advance Parole before without problems. Contact our office before you go.
3- Court Orders the State Department to Reinstate the 2027 Green Card Lottery
On October 14, U.S. District Judge Jinsook Ohta of the Southern District of California ordered the State Department to reinstate the 2027 Diversity Visa lottery, commonly called the green card lottery. Registration for DV-2027 never opened: in a November 5, 2025 notice, the State Department said it was changing the entry process and would announce dates later. Under the court’s amended order, the State Department must publish the DV-2027 registration dates, entry website and participation rules by October 29, 2026, open registration by November 1 and keep it open for 30 days, and notify selected entrants by December 3. As of October 21, the dates had not yet been published.
The program makes up to 55,000 immigrant visas available each year to people from countries with historically low rates of immigration to the United States. The State Department’s notice confirms that DV-2027 visas must still be issued by September 30, 2027, so those selected will have less than ten months to complete their cases.
What this means for you: If you plan to enter, watch travel.state.gov for the official announcement by October 29, and submit your entry only through dvprogram.state.gov, the State Department’s official entry site. Have a valid passport ready, since a State Department rule finalized in March 2026 requires one to enter. Be wary of anyone who offers to guarantee selection.
4- House Democrats Introduce Bill to Help Wrongfully Detained U.S. Citizens Sue ICE
On October 15, Rep. Teresa Leger Fernández of New Mexico introduced the Justice for Citizens Wrongfully Detained by ICE Act, which would create a specific legal path for U.S. citizens who are wrongfully arrested or detained by immigration agents. If a court ruled in a citizen’s favor, the bill would require an award of $500,000, plus $100,000 for each additional day of detention after the first. Leger Fernández credited ProPublica’s reporting, which has documented 506 U.S. citizens detained by immigration agents since the current administration took office.
Under current law, citizens can sue federal officers for wrongful detention only in narrow circumstances, and immunity protections often make compensation difficult to obtain. The bill faces long odds in the current Congress; it would need to pass before the 119th Congress ends or be introduced again in the next one.
What this means for you: If you are a U.S. citizen, including a naturalized citizen, keep proof of citizenship accessible. If you or a family member has been detained despite being a citizen, write down everything you remember and speak with an attorney. Contact our office with questions about citizenship documentation or an encounter with immigration agents.
5- Ukrainian and Sudanese TPS Holders Keep Their Protection and Work Permits, For Now
Temporary Protected Status for Ukraine and Sudan was set to expire on October 19, 2026, and DHS did not publish a decision to extend or terminate either designation before that date. Instead, on October 19, USCIS posted alerts on both country pages stating that an announcement will come at a later time and that, until then, Ukrainian and Sudanese TPS holders keep their protection, including permission to work, NPR reports. The most recent extension covered approximately 103,700 Ukrainian beneficiaries and about 1,900 Sudanese beneficiaries.
The TPS statute requires DHS to decide at least 60 days before a designation expires; if it does not, the designation is automatically extended for six months. DHS has not said whether it considers that automatic extension in effect. If DHS later announces a termination, the law does not allow it to take effect until at least 60 days after the notice is published.
