On October 14, 2026, under the representation of nonprofit organization “American Immigration Council” and other legal groups, seven organizations including the American Association of University Professors, the Service Employees International Union, as well as six individual applicants filed a lawsuit in federal court on October 5th, challenging two U.S. Citizenship and Immigration Services (USCIS) policies announced this year.
The plaintiffs allege that the government requires immigration officers to view the lack of choice for applicants to go abroad and obtain immigration visas through overseas U.S. consulates as a disadvantageous factor. Additionally, USCIS allows immigration officers to deny applications without first issuing a Request for Evidence (RFE) in cases of insufficient evidence.
The plaintiffs argue that the combination of these two policies may subject immigrants who originally qualified for adjustment of status within the U.S. to a higher risk of denial.
This lawsuit was filed in the federal district court in Massachusetts and revolves around two policies announced by USCIS on May 21st and August 5th this year. The plaintiffs include the American Association of University Professors, unions, immigrant rights organizations, and six green card applicants.
The lawsuit involves U.S. citizens’ spouses, parents, and certain employment-based immigrant applicants.
The lawsuit was jointly filed by the American Association of University Professors (AAUP) and its chapters at Harvard University and Boston University, the Service Employees International Union (SEIU) and its Local 509 and 32BJ chapters, as well as the immigration law organization Americans for Immigrant Justice. The plaintiffs also include six individual green card applicants, totaling 13 plaintiffs, represented by the American Immigration Council, American Immigration Lawyers Association, Democracy Forward, and the law firm Colombo & Hurd.