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USCIS Hardens Green Card Process for Family-Based Applicants

USCIS Unveils New Policy Manual for Employment-based Immigrant visas,Effective August 1,2025

WASHINGTON D.C. – The U.S. Citizenship and Immigration Services (USCIS) has announced significant updates to its policy manual,specifically targeting the evaluation and examination of employment-based immigrant visa requests. These new instructions, set to take effect on August 1, 2025, will apply to all pending requests and also those submitted on or after the publication date.

The updated manual provides extensive guidance on the requirements and adjudication of these requests,encompassing eligibility criteria,submission procedures,interviews,and decision-making processes. USCIS stated that the new guide will be instrumental in ensuring that marriages and family relationships qualifying for immigration are genuine, verifiable, and in compliance with all applicable laws. The agency emphasized its commitment to prioritizing thorough investigations and background verifications for foreign nationals to safeguard national security.

Key Changes for Family-Based Immigrant Visa Requests:

The revised policy manual introduces several new requirements for immigrants seeking family-based visas, including:

Consolidation of Eligibility Criteria: The manual now incorporates existing guidance on general eligibility criteria and documentation requirements for family-based immigration requests. Adjudication of Related and Multiple Requests: New instructions detail how USCIS will adjudicate family-based immigrant visa requests presented with related or multiple petitions.
Direct Filing of Form I-130 Abroad: the updated guidance clarifies circumstances under which the Department of Homeland Security (DHS) may accept Form I-130, petition for Alien Relative, filed directly outside the United States by a U.S. citizen for an immediate relative. This includes provisions for U.S. military personnel and certain U.S. government employees stationed abroad, and also temporary authorizations for large-scale disruptive events. Transfer to National Visa Center (NVC): The manual clarifies when approved petitions will be sent to the NVC, including situations were a beneficiary has applied for adjustment of status but is later found ineligible.
Interview Requirements: New guidelines specify when interviews will be mandatory for family-based immigrant visa requests.
Notification of Appearance (NTA): The policy clarifies that USCIS may issue a Notice to Appear (NTA) if a foreign beneficiary is subject to removal proceedings, as a family-based immigrant visa petition does not confer immigration status or prevent removal.

USCIS reiterated that these policy changes are effective immediately upon publication and will govern all pending and future applications.

Further Reading:

Why will new process rates in USCIS be a serious problem for thousands of immigrants?
Green Card for undocumented people under registration law, proposes Senator Padilla
* These are some reasons why USCIS can cancel a Green Card in the first 5 years

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