Court overturned immigration case halt. What does this mean for Poles waiting for a green card

The American immigration system is going through a period of rare uncertainty in 2026 – and that's why it's worth understanding what's happening in the courts on an ongoing basis, even if a specific ruling doesn't directly affect Poles.

Bartosz karczmarski
Bartosz Karczmarski
June 9, 2026
Sąd federalny USA, wyrok ws. polityki imigracyjnej USCIS
Sąd federalny w Rhode Island 5 czerwca 2026 uchylił cztery polityki USCIS wstrzymujące rozpatrywanie wniosków imigracyjnych

On June 5, 2026, a federal court in Rhode Island issued a ruling that overturned four policies of the U.S. Citizenship and Immigration Services (USCIS) halting the processing of immigration applications for citizens of 39 countries. For many immigrants, this is a breakthrough. For the Polish community in the USA – a signal that discretionary, sudden changes in procedures can be challenged in court, and a reminder that in the current climate, every application should be handled with exceptional care.

What the court ruled

The ruling was issued by Judge John J. McConnell Jr., presiding judge of the federal court for the District of Rhode Island, in a case brought by a coalition of immigrant support organizations (Dorcas International Institute of Rhode Island v. USCIS). The court found that four challenged policies – which, since late 2025, had frozen the processing of immigration benefit applications for citizens of thirty-nine countries subject to entry restrictions – are inconsistent with the Administrative Procedure Act (APA) and invalidated them.

This decision differs from previous ones. In earlier cases – such as Doe v. Trump in a Massachusetts court, where Judge Julia Kobick ordered in May the lifting of the halt for over two hundred and sixty specifically named plaintiffs – protection covered only the specific individuals who sued the government. The Rhode Island ruling goes further: the court deemed the policies “arbitrary and capricious” under the APA and invalidated them in their entirety, which has much broader implications.

However, caution must be exercised, and several issues distinguished. First, the administration has announced an appeal and likely a motion to stay the judgment, and parallel cases are ongoing in various courts that could lead to divergent rulings – so the legal situation may still change, and more than once. Second, the ruling primarily concerns how USCIS processes cases within the United States, and not automatically all visa processes conducted by U.S. consulates abroad. Third, regardless of this ruling, separate restrictions resulting from presidential proclamations regarding entry and visa issuance may still apply.

Does this affect Poles? An honest answer

Here, the matter must be stated directly, as many misunderstandings have arisen around the topic. The ruling concerns citizens of thirty-nine countries subject to entry restrictions that came into effect on January 1, 2026. Poland is not on this list. Polish citizens were not subject to the halt covered by this ruling, and Poland remains a participant in the Visa Waiver Program and a close ally of the USA. In other words: if you are a Pole waiting for a green card, this specific ruling does not directly change your situation.

So why is it worth knowing about? For two reasons. First, it shows that sudden administrative changes in immigration procedures are not untouchable – federal courts can overturn them when they find them to violate the law. Second, the current climate – in which USCIS is introducing further changes in how applications are processed – affects all immigrants, including Poles. And here arises an issue that concerns Poles much more than the list of 39 countries.

What truly concerns Poles: the May 21 memorandum

Much more significant for the Polish community is the USCIS memorandum of May 21, 2026 (designated PM-602-0199), which we have already written about on poland.us. According to analyses by immigration law firms and the American Immigration Council, this document emphasizes that adjusting status to permanent residency from within the U.S. – the so-called adjustment of status – is a discretionary benefit, and the standard path remains the consular process. Unlike the Rhode Island ruling, the memorandum does not refer to a list of specific countries – according to these analyses, it applies to foreign nationals in the U.S. on temporary visas who wish to obtain a green card, including Poles on student, exchange, or visitor visas.

Importantly, USCIS clarified in early June – as reported by the American Immigration Council – that the memorandum will be applied individually, “case-by-case,” and many applicants will still be able to apply for a green card without leaving the U.S. So there is no reason to panic, but there is reason to reflect.

What a Pole in the green card process should know today

If you have filed Form I-485 (adjustment of status)

Do not withdraw it hastily. Most immigration law firms recommend continuing the case. Some of them point to a possible scenario – not directly derived from official regulations, but resulting from lawyers’ predictions – that the applicant may encounter a Request for Evidence (RFE) or questions during the interview about why they chose the path from within the U.S. instead of the consular process in Poland. It is worth preparing for such an eventuality in advance.

If you are just planning an application

Discuss with a lawyer which path is safer in your situation: adjustment of status from the U.S. or the consular process in Poland. After the May memorandum, this choice is no longer as obvious as before.

If you follow the Visa Bulletin

Remember that priority dates and which chart (Dates for Filing or Final Action Dates) to use in a given month change. USCIS publishes current guidelines monthly – check them before filing your application, as this determines whether you can file it at all at that moment.

Regardless of the situation

Regulations and their interpretations are currently changing exceptionally quickly, and court rulings can reverse them from month to month. Always check the current status of procedures, fees, and requirements on the official uscis.gov website, and for individual cases, seek assistance from a licensed immigration lawyer, not advice from social media groups where misinformation spreads fastest.

Calmly, but wisely

The most important conclusion for the Polish community is this: the June ruling from Rhode Island does not directly concern Poles, as Poland is not on the list of countries subject to restrictions. However, it shows something broader – that the American justice system still acts as a real check on sudden administrative changes. For a Pole currently going through the green card process, the practical lesson is simple: follow changes, handle your case carefully, document everything, and do not make hasty decisions. In the current climate, diligence is the best protection.

Bartosz Karczmarski, poland.us editorial team. The above text is for informational purposes only and does not constitute legal advice. For individual matters, consult a licensed immigration lawyer and check current procedures on uscis.gov. More legal and immigration guides can be found on poland.us. Polish community directory of law firms and advisors: PolishPages.com.

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