Court Restores FY-2026 Diversity Visa Adjudications

08/09/2026

On August 28, 2026, a federal court temporarily vacated USCIS Policy Memorandum PM-602-0193, which had imposed a hold on certain FY-2026 Diversity Visa adjustment-of-status applications. The order directs USCIS, to take reasonable steps during the remainder of the fiscal year to resume ordinary adjudication. This means affected cases should no longer remain paused solely because of the challenged hold policy, though each application must still proceed through the normal review process. The covered USCIS subclass includes FY-2026 DV selectees and derivative beneficiaries subject to the hold. USCIS has stated that it will comply while possible further judicial review remains pending.

The order concerns adjustment of status within the United States, generally through Form I-485. It does not guarantee approval or eliminate the usual eligibility, interview, documentation, security-screening, and evidentiary requirements. Applicants should therefore ensure that filings and supporting records are complete, accurate, and ready for prompt review. It also should not be treated as USCIS guidance governing consular visa issuance abroad. Applicants using consular processing should separately review the current instructions issued by the Department of State and the U.S. embassy or consulate handling their cases.

Timing is especially important because USCIS cannot approve an FY-2026 Diversity Visa adjustment application after September 30, 2026, and a visa number must be available at final adjudication. Affected applicants should monitor their case status and mail, keep their address current, attend scheduled interviews, and respond promptly to any Request for Evidence or other USCIS notice. Selection alone does not establish eligibility or guarantee approval. This update provides general legal information and is not individualized legal advice. In practical terms, the decision reopens a narrow window for eligible adjustment applicants whose cases were paused under the challenged policy. However, processing remains subject to agency capacity, case-specific readiness, visa-number availability, and any further court action before the fiscal year closes.

Explore More:

Court Order on Diversity Immigrant Visa Program Hold Policy

Chapter 4: Diversity Immigrant-Based Adjustment Adjudication

Diversity Visa Issuance Updated Guidance

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