Washington, October 6, 2026 (Yes Punjab News)
Immigrant families, workers, university educators and advocacy groups have filed a lawsuit challenging two new US immigration policies that they allege could make it harder for eligible immigrants to obtain green cards from within the country and could force some applicants to leave the US to pursue permanent residence.
The lawsuit targets policies issued by US Citizenship and Immigration Services (USCIS) in May and August concerning adjustment of status, a process through which eligible immigrants already in the United States can apply for lawful permanent residence without pursuing an immigrant visa through a US consulate abroad.
The plaintiffs have asked the court to block and ultimately set aside the policies and require USCIS to adjudicate affected applications under what they contend are controlling legal precedents.
The case remains pending, and the allegations have not been adjudicated.
According to the lawsuit, the May policy directs USCIS officers to treat an applicant’s decision to seek permanent residence through adjustment of status in the US, rather than consular processing abroad, as a negative factor when exercising discretion.
The plaintiffs contend that applicants must demonstrate “unusual or even outstanding” considerations to overcome that negative factor.
The second policy, issued in August, allegedly allows USCIS officers in certain circumstances to deny applications without first giving applicants an opportunity to submit additional evidence. The challengers have also raised concerns that the policy applies to applications that were already pending when it took effect.
Leslie Dellon, senior attorney for business immigration at the American Immigration Council, said the policies represented a significant departure from previous practice and could have consequences including family separation, disruption to employment and lengthy stays abroad while applicants await consular appointments.
The plaintiffs include the American Association of University Professors and its chapters at Harvard University and Boston University, the Service Employees International Union and two affiliates, Americans for Immigrant Justice, and six individual green card applicants.
The individuals are pursuing permanent residence through family- and employment-based immigration pathways. The organisations involved represent educators, researchers, healthcare and service workers and other immigrants seeking permanent residence in the US.
The plaintiffs are represented by Democracy Forward, the American Immigration Council, the American Immigration Lawyers Association and Colombo & Hurd.
Skye Perryman, president and CEO of Democracy Forward, argued that Congress had created a process allowing eligible immigrants already in the US to seek permanent residence without having to uproot their lives.
The lawsuit, American Association of University Professors et al. v. U.S. Department of Homeland Security et al., was filed on October 5 and remains pending.
No court has yet ruled on whether the challenged USCIS policies are unlawful.
FOLLOW NOW
