At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On October 5, 2026, a coalition of unions, faculty associations, a legal services organization, and six immigrants filed a lawsuit in the U.S. District Court for the District of Massachusetts against two U.S. Citizenship and Immigration Services (USCIS) policies that affect people seeking permanent residence from inside the country.
The case is American Association of University Professors v. Mullin (No. 1:26-cv-14527). The court has not ruled on anything yet: the policies remain in effect. Below, we explain what is being challenged and what you can do.
Which USCIS Policies Are Being Challenged?
The May 21, 2026 memo (PM-602-0199). It states that adjustment of status, meaning getting a green card without leaving the U.S. by filing Form I-485, is a matter of “discretion and administrative grace.” According to the lawsuit, it directs officers to treat an applicant’s choice to adjust in the U.S. instead of going through a consulate as a negative factor, one that requires “unusual or even outstanding equities” to overcome.
The August 5, 2026 policy alert (PA-2026-05). It allows USCIS to deny applications, including ones already pending, without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). The plaintiffs argue this means cases filed before the new rule can be denied with no chance to submit evidence addressing it.
After the May memo, a USCIS spokesperson said applicants whose cases provide an economic benefit or serve the national interest “will likely” be able to stay on their current path, while others may be asked to apply abroad depending on their circumstances, according to the law firm Mintz.
Who Is Suing, and What Are They Asking For?
The plaintiffs are the American Association of University Professors (AAUP) and two of its chapters, the Service Employees International Union (SEIU) and two affiliates, the legal services group Americans for Immigrant Justice, and six people with pending or past green card cases. They are represented by the American Immigration Council, Democracy Forward, the American Immigration Lawyers Association (AILA), and the firm Colombo & Hurd.
One plaintiff is Derly Sneit Sierra Palacios, a Colombian national who lives in Utah with her husband and two U.S. citizen children, ages 6 and 3. According to the complaint, she filed for adjustment of status in February 2026 based on an employment petition, and a denial could force her to seek permanent residence abroad “without a predictable return date.”
The plaintiffs ask the court to declare both policies unlawful, pause them while the case proceeds, and ultimately set them aside. They argue the policies violate the Administrative Procedure Act, Board of Immigration Appeals (BIA) precedent, and due process. These are allegations; the court has not yet weighed them.
Has Adjustment of Status Been Eliminated?
No. Adjustment of status still exists, and USCIS continues to accept and approve Form I-485 applications. What changed is how discretion is weighed, which can make some cases harder. According to DHS data cited in the complaint, 57% of people who became permanent residents in fiscal year 2024 did so by adjusting inside the country.
It also does not mean you have to leave the U.S. to process your visa abroad. Leaving without advice can be very risky: if you have accrued unlawful presence, you could trigger the 3- or 10-year bars to returning.
What Can You Do If You Have a Pending or Upcoming I-485?
- Build a strong file from the start: because USCIS can deny without asking for more evidence, include proof of your family ties, employment, years in the country, and good conduct up front.
- Do not leave the country without advice: a poorly planned trip can end your case or prevent your return.
- Respond to every notice on time: if you receive a Request for Evidence or a denial, the deadlines to act are short.
- Review your options with an attorney: the right strategy depends on your category, your history, and your country of origin.
In a country where every decision can change your future, having the right information is your best tool. You can also revisit our explainer on the new Form I-485 and why your filing date matters.
Protect Your Immigration Status with Campos Law Firm
A well-prepared green card application can make the difference under a stricter policy. Our immigration attorneys, with offices in Colorado, Utah, Oregon, and Indiana and virtual service in Florida, can review your case and help you file a strong application from day one. Campos Law Firm is here to help you.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
With information from the complaint in American Association of University Professors v. Mullin, No. 1:26-cv-14527 (D. Mass.), USCIS Policy Memorandum PM-602-0199, and analysis by the law firm Mintz.
