The court order changed the policy's current status
On September 4, 2026, USCIS announced that the U.S. District Court for the Northern District of California had issued an August 28 order in Medani, et al. v. Trump, et al. The court temporarily vacated Policy Memorandum PM-602-0193 while the lawsuit continues.
USCIS says it strongly disagrees with the order but will follow it pending possible further judicial review. That means the hold policy is not being applied under the order for now; it does not mean the litigation is finished or that every affected application will be approved.
- Order issued: August 28, 2026.
- USCIS public alert: September 4, 2026.
- Current status: temporarily vacated pending further litigation.
- Possible future status: the order or agency response could change after additional judicial review.
The order reaches a certified USCIS subclass
The USCIS alert says the court certified a subclass covering FY-2026 Diversity Visa selectees and derivative beneficiaries who are subject to the USCIS DV hold imposed by PM-602-0193. The court directed USCIS, to the extent practicable and in good faith, to take reasonable steps during the remainder of the Diversity Visa fiscal year to resume ordinary adjudication of covered pending adjustment applications without applying that memorandum.
A class description does not answer every person's procedural question. Applicants should confirm whether their case is with USCIS, the Department of State, or an immigration court and whether the order actually covers their posture.
- Save the USCIS alert and every case-specific notice.
- Check the case status and USCIS online account for new action.
- Respond to any lawful evidence request or appointment notice by its stated deadline.
- Seek licensed legal advice about class coverage, emergency relief, or stalled adjudication.
September 30 remains a hard statutory boundary
The September 2026 Visa Bulletin states that eligibility for DV-2026 selectees and their derivative spouses and children ends on September 30, 2026. Diversity visas cannot be issued after that date, and the Department of State warns that available numbers may be exhausted before the end of the month.
The court update should not be read as an extension of the fiscal-year deadline or a reservation of a visa number. A pending case, current rank number, interview, or favorable court development does not guarantee that a visa will be available or that the case will be approved.
- Do not miss an interview, biometrics appointment, medical requirement, or agency response deadline.
- Keep civil documents, translations, photographs, and financial evidence ready for any rapid request.
- Avoid nonrefundable travel or life decisions based on an expected approval.
- Recheck USCIS and Department of State sources frequently because the litigation is ongoing.
Use the update as a prompt for organized action
Create one dated case sheet showing the selectee's case number, chargeability region, processing location, USCIS receipt information if applicable, every notice, completed step, and outstanding item. Keep legal questions separate from document tasks so urgent issues reach a licensed immigration attorney quickly.
This article reports the policy status as of September 5, 2026. It is not a prediction about the lawsuit, visa availability, or any individual outcome.