What’s Happening
On October 5, 2026, a coalition of individuals, labor unions, higher education organizations, and immigration advocacy groups filed a federal lawsuit challenging two recent U.S. Citizenship and Immigration Services (USCIS) policies affecting Adjustment of Status (AOS) and other immigration benefit applications. The lawsuit, American Association of University Professors et al. v. Mullin et al., was filed in the U.S. District Court for the District of Massachusetts.
The lawsuit challenges two significant USCIS policy changes issued earlier this year:
The May 2026 Adjustment of Status Policy. USCIS Policy Memorandum PM-602-0199 directs officers to treat an applicant’s decision to pursue permanent residence through AOS in the United States, rather than through immigrant visa processing abroad, as a negative factor in the discretionary analysis. The lawsuit challenges USCIS’s characterization of AOS as an extraordinary form of relief and its requirement that applicants demonstrate sufficiently strong positive considerations to overcome that negative factor.
The August 2026 Evidence and Denial Policy. The second challenged policy, Policy Alert PA-2026-05, Evidence, RFEs, and NOIDs, gives USCIS officers broader discretion to deny immigration benefit requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) where required initial evidence is missing or the initial filing does not establish eligibility. The policy also applies to applications that were already pending when it took effect.
What You Need to Know
The lawsuit does not change current USCIS policy at this time. Both challenged policies remain in effect while the litigation proceeds. Applicants should therefore continue to prepare filings with the expectation that USCIS will apply the current AOS discretionary framework and may deny certain applications without first providing an opportunity to supplement the record through an RFE or NOID.
The plaintiffs are asking the court to temporarily block both policies. The lawsuit seeks a preliminary injunction that would prevent USCIS from implementing the challenged policies while the litigation is pending. The plaintiffs also ultimately seek to have the policies set aside, alleging, among other claims, that they exceed USCIS’s statutory authority, violate the Administrative Procedure Act (APA), and violate constitutional due process protections.
The litigation is particularly significant for individuals pursuing AOS from within the United States. The May policy directly affects USCIS’s discretionary analysis of AOS applications, while the August policy increases the importance of submitting complete and well-supported filings from the outset because applicants may not receive an additional opportunity to address evidentiary deficiencies before a final decision is issued.
What to Expect Next
The District Court will consider the plaintiffs’ request for preliminary relief. If the court grants a preliminary injunction, USCIS could be temporarily prevented from applying one or both challenged policies while the litigation continues. Until the court acts, however, both policies remain in effect and applicants should continue to plan accordingly.
D&S will continue monitoring the litigation, including any ruling on the request for preliminary relief and any resulting USCIS guidance or changes in adjudication practices.
Stay Tuned: This Is a Developing Issue
D&S will provide additional updates as the litigation develops. Individuals with pending or planned Adjustment of Status applications should consult with immigration counsel regarding how the current USCIS policies may affect their particular circumstances.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate Paulina Baginska assisted with the preparation of this alert.