USCIS Adjustment of Status Policy: AAUP v. Mullin Lawsuit

Current USCIS adjustment of status policy (in effect)

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS), started a new rule for green cards. Applying for a green card from inside the United States is called “adjustment of status.” Under the new rule, USCIS officers are told to count it against you if you apply from inside the U.S. instead of from a U.S. embassy abroad. Officers are told to deny these applications unless the applicant shows very strong reasons to approve them.

There is a second new rule. On August 5, 2026, USCIS said its officers can deny an application that is missing evidence without first asking you for it. Before, USCIS usually sent a letter asking for the missing evidence first (called a “Request for Evidence”).

Both rules are still in effect today.

What AAUP v. Mullin challenges

On October 5, 2026, labor unions, an immigrant legal services group, and six green card applicants sued USCIS and DHS in federal court in Boston. The first group named in the lawsuit is the American Association of University Professors (AAUP). They say both rules break federal law. They say the rules unfairly punish people for applying inside the United States, which the law allows. They also say people who applied before these changes never had a fair chance to add the new evidence USCIS now wants. They are asking the court to stop both rules.

AAUP v. Mullin status today

Status as of October 8, 2026 (last change: October 5, 2026, when the lawsuit was filed): The lawsuit has just started. The court has not made any decision, and no one has yet asked it for an emergency order to pause the rules. Both rules are still in effect.

What this means for you: If you are applying for a green card from inside the U.S., including through marriage to a U.S. citizen, send a complete application with strong proof of your family ties, your years in the U.S., your work, and your community. Do not leave the U.S. to apply from abroad without talking to a lawyer first. Call or contact our office if you have questions.

Note: This is a separate case from the court cases on the 75-country immigrant visa pause and the USCIS holds on applications from 39 countries.

Full details: the adjustment of status lawsuit

The sections below explain the policies and the lawsuit in more detail, with dates and court filings.

What is the new USCIS adjustment of status policy (PM-602-0199)?

“Adjustment of status” means applying for a green card (Form I-485) from inside the United States, often filed together with an I-130 family petition. The other route is “consular processing,” where the immigrant applies for an immigrant visa at a U.S. consulate abroad. See our immigration glossary for other terms.

On May 21, 2026, USCIS issued policy memo PM-602-0199. According to the lawsuit, the memo calls adjustment of status “extraordinary” relief and “an act of administrative grace.” It tells officers that when a person who entered on a temporary visa or parole applies for a green card here instead of leaving to apply abroad, that choice is an “adverse factor,” and that approval requires “unusual or even outstanding equities” (strong positive factors). The memo lists limited exceptions, such as dual-intent visa holders (for example, H-1B and L-1) and categories where adjustment is the only way to get a green card, but the lawsuit says even those applicants face added scrutiny.

Does the adjustment of status policy affect marriage and family green cards?

Yes, according to the lawsuit. Several of the applicants who sued are in family-based cases:

• A DACA recipient married to a U.S. citizen, whose spouse’s I-130 petition was approved but whose green card application is still pending. At her May 2026 interview, the officer asked why she was applying in the United States instead of abroad.
• A woman from El Salvador who has lived in the U.S. for about 26 years and whose U.S. citizen son petitioned for her. At her July 2026 interview, the officer repeatedly asked why she did not use consular processing.
• A woman whose family-based green card application was denied on September 2, 2026 as a matter of discretion, even though USCIS found she was eligible.

The lawsuit says a denial can quickly end work permits and travel permission tied to the pending application, and that some denial notices warn that USCIS may start removal (deportation) proceedings if the person does not leave within 33 days.

Can USCIS deny my green card without an RFE? (PA-2026-05)

On August 5, 2026, USCIS issued policy alert PA-2026-05. It allows officers to deny an application if required evidence is missing or the evidence is not enough, without first sending a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). It applies to applications already pending on August 5, not just new filings. The lawsuit argues this is unfair to people who filed before May 21, 2026, because they had no reason to submit evidence about why they chose to apply inside the United States. See our FAQ on filing yourself vs. hiring an immigration lawyer.

What does the AAUP v. Mullin adjustment of status lawsuit ask for?

The plaintiffs argue that the two policies go beyond what the immigration law allows, are “arbitrary and capricious” and were issued without required public notice and comment under the Administrative Procedure Act, conflict with USCIS’s own rules and precedent decisions, and violate due process by applying to applications filed before the policies existed. They ask the court to:

• Declare both policies unlawful.
• Temporarily restrain, preliminarily enjoin, or stay the policies while the case goes on.
• Vacate (set aside) both policies and permanently block them.
• Order USCIS to decide the plaintiffs’, members’, and clients’ green card applications under prior Board of Immigration Appeals precedent.

The plaintiffs are the American Association of University Professors (AAUP) and its Harvard and Boston University chapters, the Service Employees International Union (SEIU), SEIU Local 509, 32BJ SEIU, Americans for Immigrant Justice, and six individual applicants. They are represented by Democracy Forward, the American Immigration Council, the American Immigration Lawyers Association, and Colombo & Hurd. The defendants are Homeland Security Secretary Markwayne Mullin, DHS, USCIS, and USCIS Director Joseph B. Edlow.

AAUP v. Mullin case timeline and status

• May 21, 2026: USCIS issues the adjustment of status memo, PM-602-0199.
• August 5, 2026: USCIS issues policy alert PA-2026-05 allowing denials without an RFE or NOID.
• October 5, 2026: Complaint filed in the U.S. District Court for the District of Massachusetts (ECF 1). The case is initially assigned to Magistrate Judge Donald L. Cabell (ECF 2), and summonses are issued to the defendants (ECF 3).
• October 6-8, 2026: The court admits out-of-state attorneys for the plaintiffs, and attorneys file notices of appearance (ECF 4-19). No ruling on the policies yet.

What should green card applicants do now?

• Nothing has changed yet. Filing a lawsuit does not pause a policy. Unless and until the court rules, USCIS can keep applying both policies.
• If you are applying for a green card inside the U.S., a complete, well-documented application matters more than ever, because USCIS may deny without asking for more evidence and may weigh your positive factors (family ties, years in the U.S., work, community) more heavily.
• Do not leave the United States to apply abroad without legal advice. Depending on your history, leaving can trigger re-entry bars or long waits.
• If your application was denied, read the notice carefully and talk to an immigration lawyer quickly. There may be short deadlines.

Planning a marriage green card or I-130 family petition? Contact our Fargo immigration lawyer to review your options. For other recent changes, see our immigration news page.

Adjustment of status policy FAQ

Is the new adjustment of status policy still in effect?

Yes. As of October 8, 2026, no court has blocked PM-602-0199 or PA-2026-05. The AAUP v. Mullin lawsuit asks the court to pause and set aside both policies, but filing a lawsuit does not stop them on its own.

Do I have to leave the U.S. to get my green card now?

No. The policy does not require anyone to leave, and adjustment of status is still available. According to the lawsuit, it makes approval harder by treating the choice to apply here as a negative factor. Leaving the U.S. can create serious problems of its own, so get legal advice first.

Does the policy apply to spouses of U.S. citizens?

The policy does not exempt spouses and other immediate relatives of U.S. citizens. Two of the plaintiffs in AAUP v. Mullin are applying through U.S. citizen family members and say they were questioned at their interviews about why they did not apply abroad.

Read the full case yourself: If you would like to read the full lawsuit yourself, you will find a link here: Complaint, AAUP v. Mullin (October 5, 2026, ECF No. 1). You can also follow every filing on the court docket.

Abbreviations on this page

• USCIS: U.S. Citizenship and Immigration Services (the agency that decides green card applications)
• DHS: Department of Homeland Security (the department USCIS is part of)
• AAUP: American Association of University Professors (the first group named in the lawsuit)
• SEIU: Service Employees International Union (a labor union that is also suing)
• U.S.: United States
• RFE: Request for Evidence (a USCIS letter asking for more proof)
• NOID: Notice of Intent to Deny (a USCIS letter warning it plans to deny and giving a chance to respond)
• PM-602-0199: the USCIS policy memo (written rule) on adjustment of status, May 21, 2026
• PA-2026-05: the USCIS policy alert on denials without an RFE, August 5, 2026
• I-485 / I-130: the green card application form / the family petition form
• DACA / TPS: Deferred Action for Childhood Arrivals / Temporary Protected Status
• D. Mass.: U.S. District Court for the District of Massachusetts (the court hearing the case)
• ECF No.: the number the court gives each filed document

Sources

• AAUP v. Mullin court docket (D. Mass. No. 1:26-cv-14527)
• Complaint filed Oct. 5, 2026 (ECF 1)
• USCIS Policy Memo PM-602-0199 (May 21, 2026) (archived copy cited in the complaint)
• USCIS Policy Alert PA-2026-05: Evidence, RFEs, and NOIDs (Aug. 5, 2026)
• AILA press release on the lawsuit

This update provides general information, not legal advice. These policies are changing quickly; check back for the latest status.