The U.S. Citizenship and Immigration Services (USCIS) has rolled out a sweeping update to its Policy Manual that fundamentally changes how marriage-based green card (family-based LPR) petitions are evaluated for both pending and new applications.
Approval is No Longer a Guarantee of Status
One of the most significant changes: approval of a family-based petition now does not automatically confer legal immigration status. If a beneficiary is later deemed removable, USCIS may issue a Notice to Appear (NTA) and initiate deportation proceedings–even after petition approval.
Stronger Fraud Prevention & Vetting
USCIS made clear that petitions that are fraudulent, frivolous, or non-meritorious ‘erode confidence in family-based pathways’ and could lead to removal–even for relationships previously approved. The updated guidance strengthens eligibility, documentation, and interview procedures within the Policy Manual, with special attention to:
- Mandatory in-person interviews for couples, even when no red flags exist.
- Thorough scrutiny of past immigration filings, particularly cases involving multiple petitions from the same sponsor or beneficiary.
- Closer review of immigration history, including applicants switching from H-1B or other visa categories to adjustment of status.
Strict Documentation Guidelines
Couples must now provide robust evidence of a genuine marriage. USCIS expects:
- Joint financial records (bank statements, leases, utility bills)
