For nearly 75 years, an immigrant who met certain requirements could apply to adjust status to a lawful permanent resident (LPR) in the United States rather than apply for an immigrant visa at a U.S. embassy or consulate abroad. In 2026, USCIS issued two policies, which together require such immigrants to depart the United States and consular process or risk denial of their USCIS-filed adjustment of status application. One policy, issued in May 2026, proclaims that adjusting status in the United States is an “extraordinary departure” from normal procedures and directs immigration officers to treat an applicant’s failure to consular process as a negative factor compelling denial without “unusual or even outstanding” offsetting factors. The second policy, issued in August 2026, encourages officers to deny applications without requesting additional evidence if they believe evidence is missing, or insufficient. The second policy applies to any application pending with USCIS when issued. This retroactive effect means adjustment applicants who filed with USCIS before the first policy took effect fear denial when they had no reason to submit evidence—as the policy against becoming a LPR in the United States did not exist.
We are challenging these policies, which have sown chaos and uncertainty in the lives of immigrant families and communities. Our plaintiffs include spouses and parents of U.S. citizens, who filed their adjustment applications before the policies were issued—and forcing them to consular process means separation from family and community, loss of jobs for some, living in a country where they have no family ties or prospects, and depending on the country no practical way to proceed with the LPR process in a plausible timeframe. Other individual plaintiffs have a pending adjustment application, or had plans to file for adjustment, based on employment, and consular processing means a disruption of their career paths, harm to employers or clients or patients or students from their absence abroad, and potential loss of sponsored employment. Plaintiffs also include unions whose members include noncitizens who have applied for, or planning to apply for adjustment of status. And, one plaintiff is a legal services provider who is directly impacted because it must devote substantially more staff time and resources on pending and new representation of adjustment applicants.
Plaintiffs are represented by the American Immigration Council, American Immigration Lawyers Association, Democracy Forward, and Colombo & Hurd, PL.
