USCIS is a big monster to foreigners, but to American judge

they are nothing. USCIS is not an institution that has the authority to challenge law or make law, the court judges don't give a shit about them.

USCIS can scare you, intimidate you because they can either approve or deny your case, but they can not deny your rights to sue them. And trust me, they can not deny you because you sue them, they are very careful in denying someone who has sued them.