Labor groups and immigrant advocates sue USCIS over new green-card rules
Labor unions, university faculty groups and immigrant rights organizations have filed a lawsuit challenging two USCIS policies that tighten the adjustment-of-status process for green-card applicants.
On October 5, a coalition of labor unions, university faculty chapters and immigrant-justice groups filed a federal lawsuit in Massachusetts challenging two recent USCIS policies. The May policy instructs officers to view an applicant’s choice of adjustment of status as a discretionary factor, while the August policy grants broader authority to reject applications without first requesting further evidence. Both rules apply to new filings and to pending cases, meaning individuals who applied before the changes may now face denial without an opportunity to respond.
The plaintiffs contend that Congress created the adjustment-of-status pathway in 1952 and never authorized a general requirement to pursue consular processing abroad. They warn that the policies could separate families, interrupt education and jeopardize employment, citing specific cases such as Maria Francisca Guardado and Miriam Esther Moreno Coto. The lawsuit seeks a temporary injunction and a ruling that USCIS must follow existing immigration precedent when adjudicating affected applications.
Why it matters
The case could reshape how millions of immigrants obtain green cards without leaving the U.S.
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