US Citizenship and Immigration Services (USCIS) has released updated policy guidance on how family-based immigrant visa petitions are evaluated. These petitions are often used by married couples seeking green cards.
Green card rules change for married couples: See the new immigration guidelines (Representational image)
“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 an August 1 press release.
The new policy was published in the USCIS Policy Manual on August 1. It is effective immediately and applies not just to pending petitions, but also to newly filed petitions.
What does the policy state?
The policy says that approval of a family-based petition does not grant legal immigration status. In the release, USCIS explained that a Notice to Appear may be issued in removal proceedings in case it is determined that a beneficiary is otherwise removable under US immigration law.
The update aims to clarify existing procedures. The agency’s ability to assess the validity of various family-related immigration petitions, including marriage-based petitions, is strengthened. The petitions in question have spouses or immediate relatives applying for lawful permanent residency.
Highlighted in the guidance are eligibility criteria, documentation requirements, and interview procedures. The guidance also outlines how USCIS handles cases involving multiple or related petitions, and explains on what conditions petitions may be routed to other government agencies.
The document explains when USCIS will forward approved petitions to the Department of State’s National Visa Center, especially in cases where a beneficiary originally wanted to adjust status within the US, but was found to be ineligible later. The update also addresses when US citizens can file Form I-130, Petition for Alien Relative, directly with the Department of State – including people who serve in the military or stationed abroad for government assignments.
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.”