USCIS Updates Policy to Enhance Vetting of Genuine Marriages and Family Relationships, Warns of Removal Proceedings

U.S. Citizenship and Immigration Services (USCIS) announced on August 1, 2025, a significant update to its policy guidance within the USCIS Policy Manual. This update is aimed at enhancing the agency’s capability to screen, vet, and adjudicate family-based immigrant visa petitions. This comprehensive update, effective immediately and applicable to all pending and newly filed requests, is designed to combat fraud, ensure the genuine nature of family relationships, and strengthen national security.

USCIS emphasizes that fraudulent, frivolous, or non-meritorious petitions erode confidence in these pathways and undermine the U.S. immigration system. By strengthening vetting procedures, the agency seeks to confirm that qualifying marriages and family relationships are genuine, verifiable, and fully compliant with all applicable laws.

The Immigration and Nationality Act (INA) permits U.S. citizens, U.S. nationals, and LPRs to petition for certain alien relatives to immigrate to the United States by filing Form I-130, Petition for Alien Relative. These relatives include immediate relatives of U.S. citizens or those falling within a family-based preference category. This new guidance provides clear instructions for officers, offering clarification on eligibility and adjudication requirements, including interview requirements and the potential issuance of Notices to Appear (NTAs).

The policy clarifies several key areas, including incorporating existing guidance on general eligibility criteria and filing and documentation requirements for family-based immigrant petitions. It explains how USCIS adjudicates family-based immigrant visa petitions that are filed with related or multiple petitions.

The update also clarifies circumstances in which USCIS authorizes the U.S. Department of State (DOS) to accept Form I-130 petitions filed directly with DOS by a U.S. citizen for an immediate relative. This includes petitions filed by U.S. military and certain U.S. government personnel stationed or assigned outside the United States, as well as temporary authorizations for large-scale disruptive events.

Furthermore, it incorporates existing guidance on when USCIS routes an approved petition to the DOS National Visa Center, including situations where the beneficiary filed an application to adjust status but USCIS becomes aware of the beneficiary’s ineligibility to adjust.

The policy also explains when USCIS requires interviews for family-based immigrant visa petitions and clarifies that USCIS may issue an NTA if the foreign national beneficiary is otherwise removable, since a family-based immigrant visa petition accords no immigration status or relief from removal.

“If USCIS determines the alien beneficiary is removable and amenable to removal from the United States, USCIS may issue a Notice to Appear (NTA), placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal,” the policy manual reads.