Lawsuit Challenges Recent USCIS Policies Affecting Adjustment of Status Applicants

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.

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USCIS Temporarily Extends Validity Period of Form I-693, Report of Medical Examination and Vaccination Record

Beginning today, August 12, 2021, USCIS is temporarily extending the validity period for Form I-693, Report of Medical Examination and Vaccination Record, due to COVID-19-related delays in processing. The form, which was previously valid for two (2) years, will temporarily be valid for four (4) in cases where a decision on the applicant’s Form I-485 is issued on or before Sept. 30, 2021.

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USCIS Advises of Extensive Receipting Delays at Certain Lockbox Facilities

The United States Citizenship and Immigration Service (USCIS) has advised stakeholders that due to numerous factors including COVID-19, staffing shortages, and an increase in the volume of filings, it is experiencing significant delays in intake of cases and issuance of receipt notices for filings made with USCIS lockbox facilities. In most cases these delays are expected to be between 4-6 weeks but but can vary across lockboxes and case types. The agency has further advised that certain cases, including employment-based adjustment of status applications and certain student work permits (EADs), may experience even more significant receipting delays.

USCIS further clarified that these receipting delays will not impact the receipt date of the case, which will in all instances be the date on which a correct and complete submission is actually received at the proper filing location.

D&S will continue to monitor the pace of lockbox receipts and provide relevant updates.