U.S. Citizenship and Immigration Services (USCIS) has released an updated policy guidance affecting how family-based immigrant visa petitions, commonly used by married couples seeking green cards, are now being evaluated.
“Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States,” USCIS wrote in a press release issued on August 1.
The new policy, published in the USCIS Policy Manual on August 1, is effective immediately and applies to both pending and newly filed petitions. It comes as USCIS is dealing with a Huge backlog of cases, with 11.3 million pending applications.
The policy notes that approval of a family- based petition does not, in itself, grant legal immigration status. USCIS said in the release that it may issue a Notice to Appear in removal proceedings if a beneficiary is found to be otherwise removable under U.S. immigration law.
According to USCIS, the update is designed to clarify existing procedures and strengthen the agency’s ability to assess the validity of marriage-based and other family-related immigration petitions where spouses or immediate relatives are applying for lawful permanent residency.
The USCIS guidance outlines eligibility criteria, documentation requirements, interview procedures, how USCIS handles cases involving multiple or related petitions, and the conditions under which petitions may be routed to other government agencies.
The USCIS is clarifying when it will forward approved petitions to the Department of State’s National Visa Center, especially if a beneficiary originally sought to adjust status within the U.S. but was later found ineligible.
One notable aspect of the update addresses when U.S. citizens—especially those serving in the military or stationed abroad for government assignments—can file Form I-130, Petition for Alien Relative, directly with the Department of State. USCIS specified that such filings may be permitted under certain conditions, including in response to large-scale
The USCIS pointed out in their release: “This guidance will improve USCIS’ capacity to vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with all applicable laws. USCIS is prioritizing robust alien screening and vetting that protects Americans from potential national security threats. We are committed to keeping Americans safe by detecting aliens with potentially harmful intent so they can be processed for removal from the United States.”
The USCIS as emphasized that the rules and law are not being changed, they are simply being enforced pursuant to the policy directions of the Trump administration.
