Applying for a Green Card in the U.S.? Here’s what a new lawsuit could mean for you
- By Fileright
- Last Updated:
Planning to apply for a Green Card while living in the United States? A new lawsuit challenges two USCIS policies that immigrant groups say could make this process harder for eligible applicants.
The case raises concerns about family separation and applications being denied without a chance to provide missing documents.
If you are considering adjustment of status through Form I-485, understanding these issues can help you prepare your next step.
Ready to prepare your paperwork? Explore FileRight’s Form I-485 preparation service.
You may have a family, a job, and a home in the United States. If you are planning to apply for a Green Card, you may wonder whether you can complete the process while staying here.
A new lawsuit challenges two USCIS policies that immigrant groups say make this harder for eligible applicants.
Here is what the news means, who may be affected, and what to check before applying.
What is the lawsuit about?
University faculty groups, labor unions, an immigrant-rights organization, and individual Green Card applicants have challenged two USCIS policies.
They argue that the policies could force some applicants to complete their Green Card process outside the United States, separating them from their families and interrupting their work.
The lawsuit focuses on adjustment of status. This process allows eligible people already in the U.S. to apply for permanent residence without completing the immigrant visa process at a U.S. consulate abroad.
The application used for this process is Form I-485.
Which policies are being challenged?
1. How USCIS decides whether to approve an application
A May 2026 policy emphasizes that adjustment of status is a decision USCIS makes after reviewing the applicant’s circumstances. Meeting the basic requirements does not automatically guarantee approval.
The groups bringing the lawsuit say the policy treats a person’s choice to apply from inside the U.S. as a negative factor. They argue that applicants may need unusually strong reasons to overcome it.
Simple example: Someone lives in the U.S. with their spouse and wants to apply for permanent residence through an eligible category. The lawsuit questions whether choosing to complete the process here should count against that person.
This is an issue being challenged in court. It does not mean every applicant must leave the country.
2. Denying some applications without asking for more documents
An August 2026 policy explains that USCIS may deny certain applications without first asking for more evidence or sending a notice that it plans to deny the case.
This can happen when applicants leave out required documents or fail to show that they qualify. USCIS says the policy is intended to discourage incomplete applications and improve processing.
Simple example: An applicant sends a form but leaves out a required supporting document. They should not assume USCIS will always send a letter asking for that document before making a decision.
USCIS can still request more evidence in appropriate cases. The practical lesson is to submit the required evidence with your application.
Who may be affected?
The lawsuit is especially relevant to people already in the United States who are applying for permanent residence through adjustment of status.
Depending on their eligibility, this may include:
- People applying through a family relationship.
- Workers applying through an employment-based category.
- Professors, researchers, and other professionals.
- Eligible family members applying with a main applicant.
The groups bringing the case say families, workplaces, and universities could face disruption if applicants must complete the process abroad.
How the policies affect a particular person depends on their application category, immigration history, and other circumstances.
Does the lawsuit stop the policies?
A lawsuit does not automatically stop a policy.
The article reports a legal challenge. It does not report a court decision cancelling the policies or requiring all Green Card applicants to leave the country.
USCIS has defended its approach, saying it is applying immigration law and earlier immigration court decisions.
Before deciding to file or travel, check the current requirements and get advice about your situation.
What should you do before applying?
Check whether you qualify
Living in the United States does not automatically make you eligible to file Form I-485.
Your immigration category, entry history, and other facts matter. For many family-based and employment-based applicants, visa availability also affects when they can file.
Gather your required documents
Read the instructions for your category. Prepare the supporting records and check that your information is complete and accurate.
Do not assume you will always get another chance to provide missing evidence.
Get legal advice if you are unsure
If you have immigration violations, questions about eligibility, or plans to leave the U.S., speak with a qualified immigration attorney before taking action.
BOOK AN IMMIGRATION LAWYER CONSULTATION
Prepare your application with FileRight
Once you understand your eligibility and are ready to prepare your paperwork, FileRight offers an online Form I-485 preparation service.
Our service includes:
- An eligibility check before starting.
- Online software to help complete your form.
- Easy-to-understand instructions to guide your preparation.
- A prepared application and filing instructions for submission to USCIS.
You provide your information, review your answers, and submit your completed application to USCIS.
Our preparation tools help with the paperwork. They do not replace legal advice about how the policies may affect your case.
Take your next step with a clear plan
If a Green Card is your goal, start by understanding your options.
Check your eligibility, gather your documents, and prepare carefully when you are ready to file.
Let FileRight help you work through your Form I-485 paperwork, one step at a time.