Summary of USCIS Policy Update (August 1, 2025) & Potential Impact
This article details a significant policy update by U.S. Citizenship and Immigration Services (USCIS) regarding the adjudication of family-based petitions for undocumented immigrants. Here’s a breakdown of the key points:
The Change:
New “Removable Aliens” Paragraph: USCIS added a paragraph to it’s policy stating that it may issue a Notice to Appear (NTA) – initiating deportation proceedings – even if a family-based petition (I-130) is approved. Previously,approval of a petition didn’t guarantee status,but USCIS rarely actively initiated deportation while the petition was pending.
No Automatic Status: The policy explicitly states that a family-based petition does not grant immigration status or prevent removal.
Increased Enforcement: This change reflects a broader trend of increased immigration enforcement by USCIS, aligning with policies implemented under the Trump governance, justified by concerns about fraud and national security.
What This Means for Immigrants:
Risk of Deportation: Even with an approved petition from a U.S. citizen or legal permanent resident, undocumented immigrants are now at risk of being placed in deportation proceedings.
Delayed Status Adjustment: Challenges to an NTA can take months to be heard, perhaps adding years to an already lengthy process for those seeking to adjust their status.
Deterrence: Experts believe this policy may discourage undocumented immigrants from applying for family-based petitions, fearing deportation.
Key Statistics:
Petitions Received (Jan 1 – Aug 1, 2025): 269,864 (I-130 forms)
Petitions Approved: 162,116
Petitions Denied: 21,665
Pending Cases: ~2.4 million
Expert Opinion:
Julia Gelatt (Migration Policy Institute): Highlights the increased risk of deportation for those seeking to regularize their status through family sponsorship.
USCIS Memo (Feb 2025): Justifies the policy change as necessary for national security, public safety, and immigration system integrity, stating thay will no longer exempt categories of removable aliens from potential enforcement, including referral to ICE.
In essence,this policy shift empowers USCIS to more actively pursue deportation even for individuals with approved family-based petitions,significantly increasing the uncertainty and risk for undocumented immigrants seeking legal status.
