The USCIS has recently released updated guidance on family-based immigration, placing a renewed focus on identifying “fraudulent, frivolous, or otherwise non-meritorious” petitions. The changes to the agency's policy manual highlight a shift toward heightened scrutiny—particularly in marriage-based green card cases. Applicants can now expect more intensive examination, including compulsory in-person interviews. Notably, the USCIS also reaffirmed its authority to initiate removal proceedings against beneficiaries deemed removable. This aspect of the policy has understandably sparked concern, leaving many applicants feeling anxious and uncertain. As with much of immigration law, however, the situation is nuanced and demands a thoughtful, well-informed approach.

It is important to distinguish that a family-based petition refers specifically to the I-130, not the I-485 green card (adjustment of status) application itself. An approved or pending I-130 does not, by itself, grant any legal immigration status, however, when someone has a pending adjustment of status application, subject to certain conditions, they are generally considered to be in a period of authorized stay in the U.S. while their case is being processed.

The recent policy update creates challenges particularly for individuals who have entered the U.S. without inspection. These individuals must first file an I-130 before applying for an I-601A waiver. However, since the I-130 doesn't provide legal status, they may face removal proceedings before they can even seek the waiver due to the filing of an I-130 alerting the USCIS to their unlawful presence in the US.

The policy update also tightens scrutiny of marriage-based green card applications, with a renewed focus on verifying relationship legitimacy. Mandatory in-person interviews have been reinstated, reflecting a return to pre-COVID practices rather than a major procedural shift.

For couples applying for a marriage-based green card, it is essential to approach the process thoroughly and strategically from the very beginning. Submitting a well-prepared application with strong, credible evidence of the marriage is key—this includes items like joint bank account statements, shared leases or mortgages, travel photos, affidavits from friends and family, utility bills in both names, and joint tax returns. It is equally as important to ensure that all required forms are the correct and current versions; using outdated forms can result in delays or rejections.

Couples should also be prepared for a mandatory in-person interview, during which both individuals will need to answer detailed questions about their relationship. USCIS officers are trained to spot inconsistencies, so couples should be familiar with their shared history and everyday routines—without relying on rehearsed answers.

It is also critical to understand that even an approved I-130 does not guarantee protection from removal if other immigration issues exist. Given the heightened scrutiny and increased risks under the updated policy, couples with any prior immigration violations or complex circumstances should seek guidance from an experienced immigration attorney before moving forward.