A federal lawsuit filed on October 5, 2026 asks a court to set aside two USCIS policies that have made green card applications filed inside the United States harder to win. The suit is titled American Association of University Professors v. Mullin and carries docket number 1:26-cv-14527 in federal court in Massachusetts. The American Immigration Council posts filings in the case on its website. No ruling has been reported so far, and both policies remain in effect while the case moves forward.
The Two Policies Being Challenged
The first is USCIS’s May 21, 2026 policy memorandum on discretion in adjustment of status. It describes adjusting status in the United States as an extraordinary departure from the normal immigrant visa process abroad, and it tells officers to weigh an applicant’s decision not to go through a consulate as a negative factor that can lead to denial unless there are “unusual or even outstanding” positive factors.
The second is USCIS’s August 5, 2026 policy that allows officers, in certain situations, to deny an application without first issuing a request for evidence or a notice of intent to deny. According to the plaintiffs, it applies to cases already pending when it was issued, including applications filed before the May memo.
Who Brought the Case and What They Want
The plaintiffs include the American Association of University Professors, several Service Employees International Union affiliates, a legal services organization, and individual applicants, among them spouses and parents of U.S. citizens and people applying through employment. Their lawyers come from two national immigration groups, a public-interest legal organization, and a private law firm.
According to the complaint, USCIS overstepped what Congress allowed, skipped the public comment process, failed to give a reasoned explanation as the Administrative Procedure Act requires, departed from its own regulations, and denied applicants fair process. The plaintiffs ask the court to declare the policies unlawful, set them aside, and require USCIS to decide adjustment applications under its earlier standards.
What This Means for Applicants Now
A lawsuit does not change how USCIS handles cases until a court rules. Anyone with a green card case pending inside the United States should assume, for now, that both policies will be applied to their file. That means presenting a complete, well-documented case from the start, since an officer may not ask for missing evidence, and addressing positive discretionary factors such as family ties, employment history, community involvement, and compliance with immigration law. Respond to every notice on time, keep copies of everything filed, and talk with counsel before deciding between adjustment in the United States and consular processing abroad.
Frequently Asked Questions
Has the court blocked the USCIS policies?
No ruling has been reported. The policies remain in effect while the case is pending.
Which policies does the lawsuit challenge?
USCIS’s May 21, 2026 memo on discretion in adjustment of status and its August 5, 2026 policy allowing denials without a request for evidence or notice of intent to deny.
Which court is hearing the case?
A federal district court in Massachusetts. The complaint was filed on October 5, 2026.
Should I withdraw my adjustment application?
Do not withdraw or change your filing strategy without legal advice. What makes sense for you turns on how you qualify, your immigration record, and the strength of your documents.
Does the lawsuit apply only to family-based cases?
No. The plaintiffs include both family-based and employment-based applicants, and the policies apply broadly to adjustment applications.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ & B Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.