CIS v. USCIS: What It Means for Your Immigration Case
A conservative think tank just sued the agency that controls your green card, work permit, and asylum case. The lawsuit targets how USCIS decides who gets immigration benefits — and a court ruling could quietly reshape thousands of pending cases in 2026. Here is what you need to know right now.
A Lawsuit That Could Affect Millions of Immigrants
The Center for Immigration Studies (CIS), a group that supports stricter immigration limits, filed a lawsuit against U.S. Citizenship and Immigration Services (USCIS), the federal agency that processes green cards, work permits, and asylum applications. The case challenges how USCIS handles certain immigration benefits — and the outcome could affect people in removal proceedings, asylum seekers, and those waiting on green card applications across the country.
At the heart of the lawsuit is a disagreement over how USCIS uses its discretion — meaning its power to decide who gets immigration benefits and who does not. CIS argues that USCIS has been too generous in approving applications that should be denied or reviewed more carefully. If a court agrees, USCIS could be forced to change how it reviews cases, which may slow down processing times or lead to more denials for applicants in 2026.
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Who Could Be Affected
People most at risk of being affected include those currently waiting on a green card application, a work permit (also called an Employment Authorization Document, or EAD), or an asylum application. If you are in removal proceedings — the formal legal process where a judge decides if you can stay in the US — this case is especially important to watch. Any shift in how USCIS applies its rules could change the strength of your case before an immigration judge. Lawyers recommend checking for updates on this case regularly if you have a pending application.
What to Do
- If you have a pending green card application or asylum application, ask your immigration lawyer how this case might affect your specific situation.
- If you are in removal proceedings or have an upcoming immigration court hearing, do not miss your court date — missing it can lead to an automatic deportation order.
- If you filed Form I-589 (the application for asylum), note that the filing fee is $0 USD as of April 2024 — you do not need to pay to apply.
- Stay updated on this case through trusted immigration news sources, as court decisions can happen quickly and change the rules without much warning.
Fishkin Law Firm, New York
This type of litigation can create real uncertainty for pending applicants — courts sometimes issue injunctions (emergency orders that pause agency actions) that freeze approvals mid-process. If you have a time-sensitive application, such as an EAD renewal tied to your ability to work legally, file as early as possible and do not wait for the last minute. Consult an immigration attorney to assess whether your case falls into a category that could be directly impacted by a court ruling in this lawsuit.