U.S. Citizenship and Immigration Services (USCIS) has released sweeping new guidance affecting all family-based green card applications filed by U.S. citizens and lawful permanent residents (LPRs) on behalf of spouses, children, parents, or siblings.
Effective August 1, 2025, the updated USCIS Policy Manual now governs both pending and newly submitted petitions.
Why these changes by USCIS matter
USCIS wrote in a press release that, “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 the immigration system in the United States.”
According to the agency, family-based immigration accounts for about 40% of all green cards issued annually in the United States. Hence, it must ensure that “qualifying marriages and family relationships are genuine, verifiable, and compliant with all applicable laws.”
What are the changes
The policy highlights the changes as follows:
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Immediate Authority to Deny Applications
Immigration officers can now deny family-based petitions without issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if the application is incomplete or lacks legal merit.
Prior to now, if an application was incomplete or had minor issues, USCIS would typically issue:
- Request for Evidence: Allowing applicants to submit additional documents to fix the issue.
- Notice of Intent to Deny: Providing applicants with a final opportunity to respond and address potential grounds for denial.
But now, petitions with simple errors might face immediate denial.
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Power to kickstart deportation proceedings sooner
If a petition is denied and the applicant is in the U.S. without lawful status, USCIS may now place them in removal proceedings by issuing a Notice to Appear. A Notice to Appear (NTA) is the first step in deportation proceedings.
This significantly raises the stakes for individuals who are:
- Undocumented and applying for status through a U.S. citizen family member
- Planning to seek a waiver (Form I-601) and process their case through a U.S. consulate abroad
Additionally, simply having an approved petition no longer confers any shield against deportation. As long as the beneficiary lacks legal status, USCIS may instantly initiate removal proceedings.
As the press release puts it, “Family-based petition accords no immigration status nor does it bar removal.”
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Expanded vetting, interviews & evidence standards
USCIS has heightened scrutiny for family-based applications:
- Officers now routinely verify marriage bona fides and family ties.
- Additional documentation e.g. financial records, joint property deeds, photos, affidavits, correspondence, may be required to prove genuine relationships.
- Interviews are mandatory for certain situations, including marriage-based petitions flagged for fraud, minor-adult marriages, or petitions submitted during removal proceedings.
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Special filing provisions for exceptional circumstances
Generally, family-based petitions must be filed with USCIS. However, in rare cases such as military deployments abroad, urgent medical emergencies, threats to personal safety, adoption of a child or recent naturalization, a U.S. citizen may file a Petition for Alien Relative (Form I-130) directly with the Department of State, bypassing USCIS.
What these changes mean
These tightened rules raise the stakes for families:
- Accuracy and completeness are now essential. Minor mistakes may lead to instant denial and jeopardize residency.
- Applicants without lawful status face deportation risk, even if their petition is approved.
- Families must build strong, well-evidenced petitions. We encourage counseling by immigration attorneys.
What applicants should do
With over 11.3 million pending immigration cases, including millions of family-based petitions, USCIS is under intense pressure to process efficiently.
To navigate the updated process, families sponsoring a relative for a green card should:
- Carefully review all forms and documents: Ensure accuracy and completeness.
- Verify qualifying relationships: Provide precise marriage certificates, birth records, and other supporting evidence.
- Understand the risks of applying out of status: Know the potential implications.
Given the increased scrutiny, attention to detail is crucial. A single mistake can lead to denial and further consequences. It’s essential to:
- Stay informed about the requirements
- Seek guidance to ensure a smooth application process
- Avoid potential pitfalls that could impact your case.
The Law Offices of Anne Z. Sedki
Our expert immigration attorneys are ever ready to guide families through these challenging waters. With deep expertise in immigration law and a heartfelt commitment to reuniting families, our firm helps clients anticipate changes, structure compelling petitions, and avoid costly mistakes. Whether you’re filing for the first time or handling a filing under pressure, we provide clear strategy, compassionate support, and unwavering advocacy.
We understand that behind every petition is a loved one waiting. Let us help you navigate the new landscape with confidence and care.
The Law Offices of Anne Z. Sedki will continue monitoring developments and sharing updates as more news is available. Please contact us on +15169636420 if you have questions about anything we’re reporting above or if you have case-specific questions, fill out this form to schedule a consultation.
