In August 2025, USCIS updated policy guidance for family and marriage-based immigrant visas. The changes aim to improve the integrity of the immigration system by strengthening eligibility criteria, filing procedures, interviews, and decision-making processes.
For U.S. citizens, lawful permanent residents, and foreign nationals seeking green cards, this marks one of the most significant enforcement shifts in recent years.
Overview of the New USCIS Policy
As part of a broader immigration enforcement effort, USCIS has tightened the rules for marriage and family-based applications:
Enhanced screening: Every marriage-based petition will undergo more intensive background checks to confirm eligibility.
No automatic protection: Approval of a petition no longer guarantees lawful status or shields applicants from removal proceedings if they are out of status.
Stricter review: USCIS will carefully examine all evidence and may deny petitions that appear fraudulent or insincere, while still maintaining procedural safeguards.
The policy is effective immediately and applies to both new and pending applications.
Reasons Behind the Crackdown
According to officials, the goal is to protect the integrity of the immigration system by targeting fraud. The Department of Homeland Security points to two main priorities:
Preventing exploitation: Stopping individuals from abusing family-based petitions to gain unlawful entry or extend stays.
Protecting public safety: Removing applicants who pose security threats or have serious criminal histories.
These measures are backed by USCIS data and research from the Migration Policy Institute, which highlight ongoing concerns about misuse of family-based immigration pathways.
Impact on Immigrants and Families
The policy shift is already creating challenges for many families navigating the immigration system. Groups most affected include:
Undocumented spouses of U.S. citizens or permanent residents face a heightened risk of denial or removal.
Visa holders and foreign nationals whose legal status lapses while waiting for their green card decision.
DACA and TPS recipients seeking adjustment of status through family petitions.
Extended family members included in applications flagged for fraud concerns.
For these individuals, the path to lawful permanent residency is now steeper and more uncertain. What once might have been a routine approval could now involve extra scrutiny, longer waits, or even removal proceedings.
Marriage Fraud and Enforcement Efforts
Marriage fraud is a federal crime under 8 U.S.C. § 1325(c), and the penalties are severe. They include:
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Imprisonment: Up to 5 years in federal prison.
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Financial penalties: Fines of up to $250,000.
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Immigration consequences: Removal from the U.S. and loss of future immigration benefits.
USCIS and Homeland Security Investigations (HSI) continue to actively pursue these cases, underscoring that marriage fraud carries serious criminal and immigration consequences.
New Form and Filing Requirements
The policy update also comes with changes to required immigration forms:
Form I-485 (Adjustment of Status): Only the Jan. 20, 2025 edition is accepted (since April 3, 2025).
Form I-129F (K-1 Fiancé Visa): Only the Jan. 20, 2025 edition is accepted (since May 1, 2025).
Form I-130 (Petition for Alien Relative): Updated with fraud warnings and clearer consular vs. adjustment filing options.
Form I-693 (Medical Exam): Now generally must be submitted with the initial filing, not later.
Navigating the New Landscape: How to Prepare
The new USCIS policy on marriage-based green cards means couples need to be more careful than ever when applying to adjust status and seek lawful permanent residency. Here’s how to protect your case in the current immigration policy program:
Be meticulous: Always use the correct, up-to-date Citizenship and Immigration Services forms. Submitting outdated forms can cause delays or denials. The new rules affect both pending requests and new applications, so double-check the version date before filing.
Be thorough: Make sure your family-based petition has strong, well-organized documentation proving the marriage is real. Include joint bank accounts, leases, insurance policies, and photos together. This is especially important given the enhanced screening under the current USCIS policy.
Be consistent and truthful: Even small inconsistencies can raise suspicions of marriage fraud or fraudulent marriages. Be prepared to answer personal questions during an in-person interview or Stokes interview without contradictions.
Consider legal support: An experienced immigration lawyer or law firm can guide you through the process, represent you during removal proceedings, and respond to Notices to Appear (NTAs). This is especially important for undocumented immigrants, foreign nationals, or anyone with a complex immigration status.
These steps can help couples avoid problems with federal immigration authorities and navigate a process designed to ensure integrity and disrupt immigration fraud.
Conclusión
The updated USCIS guidance on family- and marriage-based visas is designed to strengthen the immigration system by ensuring only genuine relationships qualify for benefits. But for applicants, it means higher risks, stricter procedures, and more detailed evidence requirements.
If you or your family are affected, it’s essential to stay informed, follow all USCIS rules carefully, and prepare your application with precision and honesty. In today’s environment, having an immigration lawyer on your side can make the difference between approval and denial.
Póngase en contacto con nosotros today to speak with an experienced immigration attorney who can guide you step by step and protect your path to lawful permanent residency.
