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The new rules apply to all pending and new petitions, including those filed by Green Card holders and US citizens sponsoring foreign spouses or relatives
USCIS implemented a major policy update that tightens the rules for family-based green card applications. (Representative image)
On August 1, 2025, the US Citizenship and Immigration Services (USCIS) implemented a major policy update that tightens the rules for family-based green card applications, with a specific focus on marriage-based petitions.
The update applies immediately to all pending and new petitions, including those filed by Green Card holders and US citizens sponsoring foreign spouses or relatives.
The aim: To combat fraudulent, frivolous, or non-meritorious petitions that may exploit family-based immigration pathways.
What Are The New Requirements?
The new guidance resets procedures related to eligibility, filing, interviews, and decisions for family-based petitions. Here’s what has changed:
Stricter Documentation for Marriage-Based Applications
Couples must now present strong, verifiable evidence of a genuine marital relationship. This includes:
- Joint financial records (bank accounts, leases, mortgages)
- Photographs taken over time
- Affidavits from friends or family
These will be critically evaluated during the application and interview stages.
Mandatory In-Person Interviews
USCIS will now require interviews for most marriage-based petitions. These interviews aim to assess the authenticity of the relationship and may include detailed questions about the couple’s life together.
Scrutiny of Prior Applications
Officers will review multiple filings made by the same sponsor or involving the same beneficiary. This is intended to detect patterns that may indicate marriage fraud or immigration abuse.
Closer Review of Immigration History
Applicants already in the US, for instance, on H-1B or other visas, who apply for green cards through marriage will face a stricter review of their legal status and history.
Can You Be Deported Even After Petition Approval?
Yes. The approval of a Form I-130 petition, the standard application for family-based immigration, does not grant legal status or protect against deportation.
If USCIS finds that a beneficiary is otherwise removable, they may issue a Notice to Appear (NTA), placing the individual in removal proceedings even if their green card petition was approved.
Why Has USCIS Made This Change?
In its official statement, USCIS said that such fraudulent petitions “erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States.”
The policy also ties into broader national security concerns, with USCIS stating it is “committed to keeping Americans safe by detecting individuals with potentially harmful intent so they can be processed for removal.”
The new framework is meant to standardise officer guidance, improve vetting capacity, and enforce stronger documentation, especially in marriage-based immigration, which accounts for a large share of new permanent residents in the United States each year.
What Else Is In The USCIS Update?
Beyond tightening marriage-based scrutiny, the new guidance consolidates and clarifies several existing policies into one streamlined framework:
Clearer Eligibility and Documentation Rules
USCIS has reorganised and retitled key chapters in its policy manual to provide more consistent instructions on who qualifies, what documents are needed, and how officers should assess applications. The goal is procedural uniformity.
Petitions Filed Abroad in Special Cases
In certain cases, such as petitions by US military personnel or US government employees stationed overseas, the Department of State (DOS) may be authorised to accept Form I-130 directly at a US embassy or consulate.
The update also explains when the DOS can temporarily accept petitions during large-scale disruptive events, such as natural disasters or conflicts that impede USCIS operations.
Handling Ineligibility After Approval
Usually, USCIS routes approved petitions to the National Visa Center (NVC) for further processing. But if it later determines that the beneficiary is ineligible to adjust status within the US, for example, due to overstaying a visa, the case may instead be rerouted for consular processing abroad.
Clarity on Duplicate or Related Petitions
A new section guides USCIS officers on how to evaluate multiple or duplicate petitions, for example, when the same sponsor has filed several applications. This is aimed at identifying fraud or abuse.
Affected Policy Manual Sections
These changes are officially recorded in:
- Volume 6 > Part B of the USCIS Policy Manual (Family-Based Immigrants)
- Chapters 1 through 5, covering background, eligibility, documentation, interviews, and adjudication procedures
The Financial Context: Who Is Affected?
Under US immigration law, Green Card holders and US citizens can file Form I-130 (Petition for Alien Relative) for spouses, children, siblings, or parents.
Family-based immigration remains the largest contributor to new permanent residents, with immediate relatives alone comprising around 40 per cent of all new green card recipients annually.
With these new guidelines:
- Existing applicants must recheck their documentation and eligibility
- Future applicants should prepare for a more thorough vetting process
- The financial and legal risks of submitting weak or misleading applications have increased significantly
Recent Case That Prompted Stricter Checks
In May, Aakash Prakash Makwana, an Indian national, pleaded guilty to marriage fraud after overstaying a J-1 visa. He submitted forged documents, claimed false cohabitation, and faked domestic abuse claims to obtain a green card.
Such cases have been cited by USCIS as examples of how the system can be exploited — and why it now demands more rigorous scrutiny.
What Should Couples Do Now?
If you’re planning to apply for a green card through marriage:
- Start gathering strong evidence of your relationship
- Avoid submitting inconsistent or incomplete documents
- Prepare thoroughly for the in-person interview
- If you’ve previously filed a petition or overstayed a visa, consider seeking legal counsel
In Summary
The new USCIS guidelines, effective August 1, 2025, apply to all pending and new family-based green card petitions. The rules significantly tighten scrutiny of marriage-based applications, making in-person interviews and detailed documentation mandatory. Couples must now provide joint financial records, photographs, and affidavits, while repeat filings or mismatched immigration histories may trigger deeper investigation.
Even if a green card petition is approved, the beneficiary may still face deportation if they are found removable on other grounds. The move signals a broader push to preserve the integrity of family-based immigration by ensuring that only genuine, verifiable relationships receive approval.
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
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