U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance affecting how family-based immigrant visa petitions, commonly used by married couples seeking green cards, are 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 on August 1.
Why It Matters
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 tackling a major backlog of immigration cases, with 11.3 million pending applications.
What To Know
The policy states 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 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 document clarifies when USCIS 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 disruptive events.
What People Are Saying
USCIS wrote in a press 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.
Morgan Bailey, a partner at Mayer Brown and a former senior official at DHS, previously told Newsweek: “The Trump administration believes that the primary mission of USCIS is to serve as a screening and vetting agency rather than as a benefits granting agency.”
What Happens Next
The new policy is effective immediately.
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