US green card rules challenged as USCIS tightens adjustment of status process

A group of immigrant families, workers, unions and rights organisations has filed a lawsuit in the US challenging two recent U.S. Citizenship and Immigration Services (USCIS) policies that affect how eligible immigrants apply for permanent residence, or a green card, from within the country.

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The case, filed in the US District Court for the District of Massachusetts yesterday, challenges policies issued by USCIS in May and August 2026. The plaintiffs argue that the changes depart from decades of practice under which eligible immigrants could seek permanent residence through adjustment of status without first leaving the US.


For Indians living in the US on employment or family-based immigration pathways, the case is relevant because adjustment of status allows an eligible applicant who is already in the country to apply for a green card through Form I-485 instead of completing the immigrant visa process through a US consulate abroad. The complaint says both adjustment of status and consular processing are statutory routes to permanent residence.

What has changed?

The first policy, issued on May 21, 2026, instructs USCIS officers to consider an applicant's decision to remain in the US and seek adjustment of status, rather than leave and pursue consular processing, as a negative factor.

According to the lawsuit titled “American Association of University Professors et al. v. U.S. Department of Homeland Security et al”, applicants could face denial unless they demonstrate “unusual or even outstanding equities”. The complaint argues that this reverses nearly 75 years of agency practice and that Congress has never imposed a general requirement that otherwise eligible applicants leave the US to obtain permanent residence.

The second policy, issued on August 5, allows USCIS officers to deny certain benefit applications without first giving applicants an opportunity to submit additional evidence. The lawsuit says this can also affect applications filed before the May policy was introduced.

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Impact on Indian applicants

The filing does not specifically identify Indian nationals among the individual plaintiffs. However, the changes could be relevant to Indians already in the US who are eligible for adjustment of status through employment- or family-based immigration categories.

The plaintiffs say applicants may face disruption to jobs, education and family life if they are required to leave the US for consular processing. The complaint also points to wider difficulties with overseas immigrant visa processing and says leaving the country can create uncertainty over when an applicant will be able to return.

The lawsuit, filed by immigrant rights groups, unions and individual applicants, seeks to block and ultimately set aside the challenged USCIS policies. However, until a court issues an order changing their implementation, applicants should prepare their cases based on the rules currently being applied. For Indians planning or already pursuing adjustment of status, the key considerations are visa availability, immigration status, completeness of the filing, supporting evidence and any planned international travel.