Washington, D.C. – August 6, 2025 – In a major policy shift, the U.S. Citizenship and Immigration Services (USCIS) is now warning that individuals applying for family-based green cards—particularly marriage-based petitions—could be placed directly into removal (deportation) proceedings if found ineligible.
This update, effective August 1, 2025, states that approval of a family-based petition no longer ensures legal status. USCIS may immediately issue Notices to Appear (NTAs), triggering the formal removal process, even if the applicant has a petition pending.
Why the Shift?
USCIS attributes the policy change to ongoing efforts to combat marriage fraud and reduce its backlog, which now exceeds 11.3 million pending cases. The agency is doubling down on verifying petitioner eligibility and requiring stricter documentation and enhanced interviews, citing national security concerns.
Who Is Affected?
– Marriage‑based green card applicants, particularly foreign nationals married to U.S. citizens or permanent residents.
– Individuals previously considered safe from enforcement until petition adjudication.
Key Implications
- Heightened Risk of Notices to Appear (NTAs): Petition denials may now result in immediate placement into removal proceedings.
2. Stricter Screening: All applications are subject to intensified scrutiny, with USCIS implementing rigorous vetting on identity, eligibility and fraud indicators.
3. No Implied Legal Status: Petition receipt or preliminary approval no longer confers legal presence or temporary protection.
Legal and Advocacy Community Reacts
Immigration attorneys characterize this change as a “security-first approach” that may undermine family unity and procedural fairness. Critics say vulnerable applicants—especially those unaware of eligibility lapses or minor discrepancies—could face unexpected enforcement.
Advocates for immigrant communities warn that expedited placement into court proceedings may exclude applicants from standard relief options and legal representation. They note that respondents in removal proceedings lack guaranteed counsel, placing individuals at a disadvantage.
What’s Ahead
Lawmakers and immigrant rights organizations have started legal challenges, arguing that the shift may breach due process rights and Congress’s intent. With the policy already in effect as of August 1, 2025, applicants and sponsors are urged to proceed with extreme caution.
Tips for Applicants and Immigration Lawyers:
– Prepare marriage-based petitions thoroughly, with full documentation and credible evidence of bona fides.
– Have legal counsel review paperwork in advance to avoid unexpected denial.
– Be aware that a denial—or finding of fraud—can now lead directly into removal court, potentially without prior notice.
– Monitor relevant legal challenges and updates in immigration courts or USCIS policy releases.
By emphasizing transparency and thoroughness in petition filing, applicants may reduce the risk of becoming subject to removal proceedings under this new, more stringent policy.