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Court Orders USCIS to Resume Diversity Visa Processing

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Legit.ng
Court Orders USCIS to Resume Diversity Visa Processing

On August 28, 2026, the U.S. District Court for the Northern District of California issued an order requiring the U.S.

Citizenship and Immigration Services (USCIS) to resume processing pending adjustment of status applications under the Fiscal Year 2026 Diversity Visa Programme. This ruling temporarily vacated Policy Memorandum PM-602-0193, which had been implemented to ensure that Diversity Visa applicants did not pose risks to national security or public safety.

The court directed USCIS to take reasonable steps to resume normal adjudication of affected applications for the remainder of the fiscal year without applying the suspended memorandum. The judge also partly granted the plaintiffs' request for class certification, covering all selectees and derivative beneficiaries under the FY-2026 Diversity Visa Program affected by the USCIS DV Hold.

USCIS confirmed it would comply with the court's order but expressed strong disagreement with the ruling, indicating a potential challenge at a higher court. The case remains active, with the order applying only for the current fiscal year.

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