Immigration News - Adjustment of Status/Form I-485, United States United States | Lawsuit challenges Adjustment of Status policies Share this article LinkedIn Facebook X (Twitter) October 7, 2026 On Oct. 5, 2026, several labor unions, academic associations, immigrant advocacy organizations and individual applicants filed a lawsuit in federal court challenging two recent U.S. Citizenship and Immigration Services policies that affect adjustment of status (AOS) adjudications. The plaintiffs seek to block implementation of the policies and have them vacated under the Administrative Procedure Act (APA). Key takeaways: Complaint filed against DHS and USCIS. In a complaint filed in the U.S. District Court for the District of Massachusetts on Oct. 5, 2026, against the Department of Homeland Security and USCIS, the collective plaintiffs challenge a May 21, 2026, USCIS policy memorandum. The policy directs officers to treat an applicant’s decision to seek AOS in the U.S. rather than pursue consular processing abroad as a negative discretionary factor that may result in denial “absent ‘unusual or even outstanding’ countervailing considerations.” Policies “unprecedented” and “draconian.” The complaint argues that the “unprecedented” policy unlawfully discourages eligible applicants from pursuing permanent residence through AOS in the U.S. and instead pressures them to pursue immigrant visa processing abroad. The lawsuit also challenges an Aug. 5, 2026, “draconian policy change” by USCIS permitting officers to deny benefit requests without first issuing a request for evidence or notice of intent to deny in certain circumstances. Policies exceed USCIS authority. Plaintiffs declared the policies “are contrary to law and in excess of statutory authority, violate APA notice-and comment requirements, are arbitrary and capricious, violate the Accardi doctrine, and violate the Due Process Clause.” Plaintiffs ask to reinstate prior AOS policies. The complaint requests declaratory and injunctive relief, including an order setting aside the challenged policies and requiring USCIS to adjudicate adjustment applications consistent with prior agency precedent. Additional information: The plaintiffs who filed the complaint include the American Association of University Professors, multiple Service Employees International Union affiliates, Americans for Immigrant Justice and several individual adjustment applicants. BAL is monitoring litigation developments and will provide updates. This alert has been provided by the BAL U.S. Practice Group. Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
Immigration News United States | PWD and PERM processing times as of Oct. 5 The Department of Labor posted the latest processing times for permanent labor certification (PERM) requests and prevailing wage… October 6, 2026 Read More
Immigration News United States | Keith Sonderling confirmed as new Secretary of Labor On Sept. 30, 2026, the U.S. Senate confirmed Acting Secretary of Labor Keith Sonderling as the new U.S. Secretary of… October 1, 2026 Read More
Immigration News United States | USCIS finalizes EB-5 fee rule effective Nov. 30 Today, the Department of Homeland Security (DHS) issued a final rule adjusting fees for the EB-5 Immigrant Investor Program and… September 30, 2026 Read More
Immigration News Canada | New Francophone immigration projects announced Immigration, Refugees and Citizenship Canada announced funding for new projects under the Francophone Immigration Support Program designed… September 30, 2026 Read More