U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance affecting the evaluation of family-based immigrant visa petitions as part of its efforts to enhance the integrity of the process.
The new policy guidance from USCIS, effective as of August 1, targets how family-based immigrant visa petitions—commonly utilized by married couples seeking green cards—are assessed. The updated procedures aim to address fraudulent or non-meritorious petitions that could undermine confidence in lawful pathways to permanent resident status in the United States.
The policy now stands as a crucial development given the backdrop of a reported 11.3 million pending applications that USCIS is currently handling. As part of these efforts, USCIS emphasized that the acceptance of such a petition does not automatically confer legal immigration status on the beneficiary. USCIS may issue a Notice to Appear in removal proceedings should a beneficiary be identified as otherwise removable under U.S. immigration laws.
This update seeks to bring clarity to existing protocols and empower the agency in evaluating the authenticity of marriage-based and other family-related immigration petitions. These pathways serve spouses and immediate relatives pursuing lawful permanent residency. The guidance provides detailed criteria on eligibility, necessary documentation, interview processes, and the handling of multiple or interconnected petitions. It also specifies the conditions under which these petitions may be referred to other government entities.
A significant portion of the updated document elucidates the process for forwarding approved petitions to the Department of State’s National Visa Center. This is particularly pertinent if a beneficiary originally aimed to adjust their status within the U.S. but was subsequently deemed ineligible.
The policy further elaborates on scenarios where U.S. citizens, particularly those involved in military service or overseas government assignments, might file Form I-130, Petition for Alien Relative, directly with the Department of State. This filing is available under specific scenarios, especially in reaction to extensive disruptive events.
USCIS, in its press release, articulated that enhancing its capacity to verify eligible marriages and family connections is pivotal in maintaining compliance with the law. A principal focus of the updated policy is on fortifying alien screening processes to safeguard national security by identifying individuals with malicious intent for removal.
Morgan Bailey, a partner at Mayer Brown and a former senior official at the Department of Homeland Security, previously remarked to Newsweek on the perception of USCIS by the Trump administration. They emphasized that the administration viewed the primary role of USCIS as a screening and vetting body rather than one that distributes immigration benefits.
The updated policy is already in effect, as USCIS continues to navigate the complexities of its backlog while prioritizing immigration integrity and security.