On August 1, 2025, USCIS made significant changes to its policies for family-based green card applications.
Under the new rules, applying for a green card through one's U.S. citizen spouse or relative does not protect the applicant from deportation.
If an applicant is out of status because they entered without inspection, overstayed a visa, or lost their legal status, USCIS may now place them directly into removal proceedings, even while their application is pending.
In the past, USCIS generally did not initiate removal for green card applicants unless there were serious criminal issues. This marks a significant shift.
USCIS claims that fraudulent or invalid family-based petitions weaken confidence in the immigration system, so it must verify that marriages and family ties are genuine and legally valid.
Key Changes:
● Increased Denials Without an Opportunity to Provide Missing Documents:
○ In the past, if an application was missing a required document or had minor issues, USCIS typically issued either a Request for Evidence (a notice that allows the applicant to submit additional documents to correct any issues) or a Notice of Intent to Deny (a warning that the case may be denied unless the applicant provides additional information or documentation).
○ USCIS officers now have more authority to deny family-based petitions without issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
● Deportation Risk for Applicants Without Legal Status:
○ Applicants who are in the U.S. without legal status may be referred to immigration court if their green card application is denied.
● Increased Scrutiny and Stricter Requirements:
○ Applicants should expect heightened scrutiny during the process, particularly regarding their immigration history and overall eligibility.
○ The new policy emphasizes the importance of accurate, complete, and well-documented applications, as officers are expected to apply stricter standards.
● More Interviews in Family Immigration Cases:
○ The new policy clarifies that USCIS has broad power to interview either the U.S. petitioner, the immigrant family member, or both. While not every case will be scheduled for an interview, the following are certain situations where USCIS now will be always requiring an interview before making a decision.
- Missing or conflicting evidence
- If the paperwork suggests the marriage might not be genuine
- If there are inconsistencies or conflicting information that need to be explained.
- If the petitioner has filed a spousal petition for someone else in the past.
- If either spouse was involved in a prior spousal petition that was denied, withdrawn, or revoked.
- If the petitioner received their own green card through marriage less than 5 years ago.
- If the marriage took place while the immigrant spouse was in deportation proceedings.
- If the officer is not convinced the marriage is genuine after the initial interview, they can require additional interviews.
● Higher Risk of Denials or Deportations for Applicants Applying on Their Own, Without Legal Representation:
○ Individuals filing applications without assistance of competent legal counsel face a greater risk of denial and potential deportation.
○ The changes highlight the need for legal assistance to navigate the complexities of the new policy and ensure applications are properly prepared.
What This Could Means for You:
● The policy applies immediately to all pending and new family-based green card applications. If you have a pending application, you will be affected by these changes.
● Those applicants who entered without inspection, undocumented, overstayed visas, or fell out of status are most vulnerable, as they may now be placed in deportation proceedings in immigration court, even while their application is pending.
● It is now more important than ever to make sure your case is prepared carefully and to get legal advice before filing.
What Actions to Take:
● File Perfectly the First Time
○ Ensure all the forms, fees, civil documents, and bona fide-marriage evidence are complete and consistent.
○ Small mistakes can now have big consequences!
● Do Not Do It Alone - Get Legal Representation
○ Given higher denial/immigration court risk, strategic legal review is more important than ever.
○ Practical guidance warns families applying on their own are “most at risk.”
○ Be cautious and prepared but do not let fear or confusion push you into abandoning your application!
We're Here to Help You Navigate These Changes Safely and Confidently
If you or a loved one is planning to file a green card application, or has one already pending, please schedule a consultation to discuss timing, evidence, and any removability concerns before you submit anything.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal advice specific to your situation, please consult a qualified immigration attorney.
