Court Order on Diversity Immigrant Visa Program Hold Policy
On Aug. 28, 2026, the U.S. District Court for the Northern District of California issued an order in Medani, et al., v. Trump, et al., 26-cv-6332 (NDCA), temporarily vacating PM-602-0193 pending further litigation. USCIS is ordered, “to the extent practicable and in good faith, to take all reasonable steps during the remainder of the Diversity Visa fiscal year to resume ordinary adjudication of plaintiffs’ pending adjustment of status applications without applying” PM-602-0193.
Key changes
On Aug. 28, 2026, the U.S. District Court for the Northern District of California issued an order in Medani, et al., v. Trump, et al., 26-cv-6332 (NDCA), temporarily vacating PM-602-0193 pending further litigation. USCIS is ordered, “to the extent practicable and in good faith, to take all reasonable steps during the remainder of the Diversity Visa fiscal year to resume ordinary adjudication of plaintiffs’ pending adjustment of status applications without applying” PM-602-0193.
Further, the Court granted in part plaintiff’s motion for class certification. With respect to USCIS, the Court certified the following subclass: “all selectees and derivative beneficiaries under the FY-2026 Diversity Visa Program who are subject to the USCIS DV Hold imposed by Policy Memorandum PM-602-0193.”
The Policy Memorandum was issued to ensure that all aliens applying for adjustment of status under the DV Program in the United States do not pose a threat to national security or public safety.
USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review.
