Federal Lawsuit Challenges Two USCIS Policies Affecting Green Card Applicants

(American Association of University Professors et al. v. Mullin et al., No. 1:26-cv-14527, pending in the U.S. District Court for the District of Massachusetts)

On October 5, 2026, a coalition of immigration applicants, labor unions, educators, and advocacy organizations filed a federal lawsuit in Massachusetts challenging two U.S. Citizenship and Immigration Services ("USCIS") policies affecting applicants seeking Lawful Permanent Residence ("LPR") through adjustment of status.

The lawsuit challenges the following policies:

1. The May 21, 2026, Adjustment of Status Policy

According to the complaint, this policy treats an applicant’s decision to pursue adjustment of status within the U.S., rather than consular processing abroad, as an adverse discretionary factor.

The plaintiffs contend that this approach improperly burdens otherwise eligible applicants by requiring unusually compelling positive circumstances to overcome that factor.

2. The August 5, 2026, Requests for Evidence and Notices of Intent to Deny Policy

The second challenged policy permits USCIS to deny certain applications for insufficient or missing evidence without first issuing a Request for Evidence ("RFE") or Notice of Intent to Deny ("NOID").

The plaintiffs argue that this practice deprives applicants of a meaningful opportunity to address evidentiary deficiencies before an adverse decision is issued.

Legal Challenges and Potential Consequences

The plaintiffs allege that the policies violate federal immigration law, the Administrative Procedure Act, and constitutional due process protections.

They further contend that applying these policies to previously filed applications creates unfair procedural obstacles and increases the risk of family separation, employment disruption, and loss of employment authorization.

The lawsuit seeks preliminary relief blocking enforcement of the challenged policies and a final judgment setting them aside.

What This Means for Green Card Applicants

The filing of a lawsuit does not automatically suspend USCIS policies. Unless a court grants relief or USCIS changes its guidance, applicants should not assume that the challenged requirements have been withdrawn.

As of October 15, 2026, the federal court has not been reported to have granted preliminary injunctive relief. Both challenged USCIS policies remain in effect while the litigation proceeds. The filing of the lawsuit does not, by itself, suspend either policy.

Individuals with pending or prospective adjustment-of-status applications should carefully evaluate eligibility, discretionary considerations, and supporting evidence before filing or responding to USCIS.

Our Firm continues to monitor developments affecting adjustment of status and employment-based and family-based immigration.

Disclaimer: This publication is provided for general informational purposes and does not constitute legal advice. The lawsuit remains pending, and the allegations described have not been established by a final judicial ruling.