Updated September 15, 2026•
Reviewed by Asif Ehsan, Founder & Managing Attorney
If your DV-2026 adjustment of status application is still pending, the September 30, 2026 fiscal-year deadline is critical.
A DV-2026 selectee generally must receive adjustment of status or an immigrant visa by September 30, 2026. The Department of State also warns that available Diversity Visa numbers may be exhausted before September 30.
If your Form I-485 is still pending—especially if you have already attended your USCIS interview—the important questions are whether your case is actually ready for adjudication, whether anything remains unresolved, and whether administrative follow-up or federal litigation should be evaluated before the deadline.
General information only. Not legal advice. Every case is different. No lawsuit, USCIS decision, or approval is guaranteed.
Why September 30 Is Different in a Diversity Visa Case
If you were selected for the DV-2026 Diversity Visa Program, filed Form I-485 from inside the United States, and your case is still pending, the remaining days of September are unusually important.
This is not an ordinary USCIS delay where an applicant can simply assume that a decision will eventually come.
The Diversity Visa program operates on a fiscal-year deadline. Department of State guidance states that DV-2026 eligibility ends on September 30, 2026, and selectees who have not received a visa or adjusted status by that date generally derive no further benefit from their DV-2026 selection. DOS also cautions that the available DV numbers may be exhausted before the end of the fiscal year.
As of September 15, only about two weeks remain.
What If You Already Completed Your USCIS Interview?
Some DV-2026 adjustment applicants have already filed Form I-485, completed biometrics, attended a USCIS interview, submitted requested evidence, and continued waiting without a final decision.
In that situation, the most useful question may not be:
“How long does USCIS normally take?”
The more important questions are:
“Is there anything preventing USCIS from legally completing this case before September 30?”
“Is there anything the applicant should be doing now?”
Because DV eligibility has a fixed fiscal-year end point, delay that might be tolerable in another I-485 category can have much more serious consequences in a Diversity Visa case.
The USCIS DV Hold Changed After Recent Federal Court Litigation
DV-2026 processing has also been affected by significant federal litigation.
USCIS had maintained a policy pausing final adjudication of pending Diversity Visa adjustment applications.
On August 28, 2026, the U.S. District Court for the Northern District of California in Medani v. Trump temporarily vacated the challenged policies and ordered USCIS, to the extent practicable and in good faith, to take reasonable steps during the remainder of the DV fiscal year to resume ordinary adjudication of affected pending adjustment applications without applying the USCIS pause.
That development is important. But it does not mean that every pending DV-2026 I-485 will automatically be approved—or even necessarily adjudicated—before September 30.
An individual application may still have separate eligibility, evidentiary, security, visa-availability, or procedural issues.
Before Thinking About Federal Court, Determine Whether the Case Is Actually Ready
1. Is the DV Rank Number Current?
Diversity Visa availability depends in part on the applicant’s regional rank number and the applicable Visa Bulletin cut-off. The applicant’s rank number and country of chargeability should be reviewed.
2. Is the Applicant Eligible to Adjust Status?
- lawful admission or parole;
- maintenance of immigration status;
- unauthorized employment;
- violations of nonimmigrant status;
- admissibility;
- criminal history;
- prior immigration history; and
- fraud or misrepresentation concerns.
3. Did USCIS Request Anything Else?
- Requests for Evidence;
- Notices of Intent to Deny;
- interview follow-up requests;
- medical examination issues;
- background or security review;
- missing civil documents; or
- other USCIS correspondence.
4. Was the Required Diversity Visa Fee Paid?
DV adjustment applicants must pay the separate, nonrefundable Diversity Visa fee to the Department of State before DV adjustment processing can continue. The applicant should retain the DOS receipt.
5. What Happened at the USCIS Interview?
- Did the officer say anything was missing?
- Was Form I-693 complete?
- Was additional evidence requested?
- Was there a status, employment, security, or background issue?
- Was the applicant told the case was otherwise ready?
Documents to Gather for an Urgent DV-2026 Review
If your DV-2026 adjustment remains pending, gather as much of the following as possible:
- DV selection notification and DV case number
- Form I-485 receipt notice and complete filed I-485
- biometrics and USCIS interview notices
- Diversity Visa fee receipt
- passport, visa, and Form I-94
- I-20s, DS-2019s, I-797 notices, or other status documents
- employment authorization documents
- RFEs, NOIDs, and responses submitted to USCIS
- Form I-693 information
- criminal records or certified dispositions, if applicable
- prior immigration filings
- interview notes or a written summary of what occurred
- congressional inquiry responses, USCIS service requests, or Ombudsman requests
- any written USCIS communication regarding the delay
You do not necessarily need every document before seeking legal review. But a complete record can make it much easier to determine whether the case appears adjudication-ready.
Can a DV-2026 Applicant Sue USCIS Before September 30?
Potentially. But the answer is highly case-specific.
Depending on the facts, federal litigation might involve claims under the Administrative Procedure Act, the Mandamus Act, or both. A plaintiff facing the September 30 deadline might also consider asking for emergency relief, such as a temporary restraining order or preliminary injunction.
Federal courts have not treated every DV-2026 lawsuit the same way.
Dissanayake: A Court Granted Preliminary Relief
In Dissanayake Mudiyanselage v. Edlow, the U.S. District Court for the Southern District of Ohio granted preliminary relief in a DV-2026 adjustment case. The decision demonstrates that emergency federal relief may be available in an appropriate DV case, but it does not establish that every DV applicant will obtain the same relief.
Ivanov: Unlawful Policies Did Not Automatically Produce Mandamus Relief
In Ivanov v. Trump, the U.S. District Court for the District of Columbia concluded that challenged DV processing pauses were unlawful in important respects, but rejected separate claims for unlawful withholding, unreasonable delay, and mandamus relief.
There is no responsible basis for telling every DV applicant: “Just file mandamus and a judge will make USCIS approve your green card.” Federal litigation does not work that way.
A Lawsuit Does Not Guarantee Approval
- the government may oppose the case;
- the court may deny emergency relief;
- the court may not rule before September 30;
- USCIS may identify a separate eligibility issue;
- a visa number may not be available;
- the applicant may ultimately be denied; or
- the court may require agency action without dictating the result.
Filing a Lawsuit Is Not the Same as Preserving DV Eligibility Indefinitely
A DV-2026 applicant should not assume that filing a lawsuit before September 30 automatically preserves Diversity Visa eligibility after September 30. Whether litigation could produce relief affecting that deadline depends on the court, the claims, the requested relief, and the facts.
What Should You Do If Your DV-2026 I-485 Is Still Pending?
Is my DV number current?
Check the September Visa Bulletin and the applicant’s DV region and case number.
Is the case adjudication-ready?
Determine whether USCIS has everything it legally needs.
Was the DV fee properly paid?
Confirm the Department of State payment and receipt.
Did USCIS identify any problem?
Review the interview, RFE, NOID, medical, status, employment, criminal, or admissibility issues.
Have follow-up options been attempted?
Depending on the circumstances, USCIS inquiries, congressional assistance, or other escalation may be relevant.
Should federal litigation be evaluated now?
Not every pending DV case belongs in federal court, but the remaining time should be used carefully.
A Separate Warning for DV Applicants Processing Through U.S. Embassies
This article primarily addresses DV-2026 applicants seeking adjustment of status through USCIS inside the United States.
Applicants seeking Diversity Visas through U.S. embassies and consulates presently face a different situation. On August 31, 2026, the Department of State announced a new pause on all Diversity Visa issuances. DOS states that applicants may continue submitting applications and attending interviews, but Diversity Visas are presently not being issued under that guidance, and DOS states that there are no exceptions to the issuance pause.
DV-2026 Adjustment of Status Questions
Does DV-2026 adjustment of status have to be completed by September 30, 2026?
Generally, yes. DOS states that DV-2026 applicants must obtain their visa or adjust status by the end of FY2026, September 30, 2026. Visa numbers could also become unavailable earlier if the annual allocation is exhausted.
Is a pending Form I-485 enough to preserve DV eligibility after September 30?
Applicants should not assume that simply having a pending Form I-485 preserves DV-2026 eligibility beyond September 30. Litigation affecting that deadline requires separate legal analysis.
What if I already attended my USCIS interview?
A completed interview can be an important fact, but it does not necessarily mean the application is legally ready for approval. Review whether USCIS requested anything further and whether any eligibility, security, medical, visa-number, or other issue remains unresolved.
Can a federal judge order USCIS to approve my green card?
Federal litigation may seek to compel government action or challenge an unlawful policy. That is different from obtaining an order requiring USCIS to approve an adjustment application. No attorney should guarantee approval.
Should every pending DV-2026 applicant file a mandamus lawsuit?
No. Some applications may have unresolved eligibility, evidentiary, visa-number, security, status, employment, medical, or other issues. Federal litigation should follow a careful review of the underlying immigration case.
What if my DV case number is not current?
Visa availability is fundamental to a DV adjustment case. The applicant’s regional rank number and applicable Visa Bulletin cut-off must be reviewed.
Does filing a lawsuit before September 30 automatically preserve my case after September 30?
Do not assume that it does. The effect of litigation on the statutory DV deadline depends on the court, the claims, the relief requested, and the procedural posture of the case.
Is this article legal advice?
No. This article provides general information about DV-2026 adjustment and federal litigation. It is not legal advice and does not create an attorney-client relationship.
Official Guidance and Recent Decisions
- Department of State — DV-2026 Selected Entrants
- Department of State — September 2026 Visa Bulletin
- Department of State — Diversity Visa Adjustment Fee Payment
- Department of State — Diversity Visa Issuance Updated Guidance
- USCIS — Court Order on Diversity Immigrant Visa Program Hold Policy
- Medani v. Trump — District Court Order
- Dissanayake Mudiyanselage v. Edlow — Preliminary Injunction Decision
- Ivanov v. Trump — District Court Decision
If Your DV-2026 Adjustment Is Still Pending
Ehsan Law, PLLC is reviewing time-sensitive DV-2026 adjustment cases involving pending Forms I-485, completed USCIS interviews, visa-number questions, USCIS delays, and potential federal litigation.
The purpose of an urgent case review is to determine whether the DV number is available, whether the I-485 appears adjudication-ready, whether anything remains unresolved, whether additional administrative action could still be useful, and whether federal litigation should be evaluated before September 30.
No attorney can guarantee USCIS action, court intervention, adjustment of status, or approval. General information only. Not legal advice. No attorney-client relationship is created by reading this article or contacting the firm. Representation begins only after Ehsan Law agrees to undertake the matter and a written agreement is signed.
Asif Ehsan
Founder & Managing Attorney, Ehsan Law, PLLC
Ehsan Law represents immigrants and families in immigration matters and federal immigration litigation, including adjustment-of-status delays, mandamus actions, removal defense, appeals, and other high-stakes immigration matters.
