Lawsuit Challenges USCIS Policies Affecting Adjustment of Status Applicants

A coalition of individuals and organizations has filed a federal lawsuit contesting two USCIS policies that could make the adjustment of status process more difficult for applicants seeking permanent residence. The first policy, introduced in May 2026, directs USCIS to treat choosing adjustment of status in the United States instead of applying for an immigrant visa through consular processing abroad as a negative discretionary factor.

The second policy, issued in August 2026, expands the agency’s authority to deny applications without first allowing applicants to submit additional supporting evidence. The lawsuit challenges the legality of both policies.