Lawsuit Challenges Policies That Could Separate Green Card Applicants from Their Families
A lawsuit filed in October 2026 challenges two new U.S. Citizenship and Immigration Services (USCIS) policies. Filed by a group of immigrant families, workers, educators, labor unions, and immigrant rights organizations, the lawsuit challenges new policies that make it harder for eligible immigrants to obtain a green card while they remain living in the United States.
What Are The New Policies?
The first policy was issued in May 2026. It instructs immigration officers to treat applying for a green card from within the United States as a negative factor. It requires that applicants demonstrate “unusual or even outstanding” considerations to overcome this disadvantage.
The second policy, issued in August 2026, permits USCIS officers to deny green card applications without allowing applicants to submit additional evidence. Even individuals who filed their applications before the new policies were introduced are not allowed to provide further evidence.
Lawsuit Seeks to Protect Green Card Applicants and Keep Families Together
In this lawsuit, the plaintiffs argue that the new policies reverse decades of established immigration practice and undermine the process that Congress created to allow eligible immigrants to obtain permanent residence without leaving their families, employment, and communities. They maintain that these new policies could cause prolonged family separation, job loss, disruption to education and academic research, and reduced U.S. competitiveness, while potentially forcing applicants to endure lengthy processing delays abroad. They ask the court to block and overturn the policies and require USCIS to review applications under established law.
Act Before You File
The time to evaluate your application is before it is submitted — not after a problem surfaces. Contact TCB Legacy Law today at (954) 302-8989 for a comprehensive case assessment. Our immigration attorneys will review your full history, identify vulnerabilities, and advise you on the strongest path forward — whether that means filing a well-prepared adjustment application or pursuing a more strategic alternative.
In today's environment, preparation is not optional. Let us help you get it right