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Green card applicants via family face deportation risk under USCIS rule
Here's what the new guidance means for families applying through the I-130 process, which is the most common route for getting US permanent residency through a spouse, parent, sibling or child.
What has changed in USCIS policy for family-based green card petitions?
The US Citizenship and Immigration Services (USCIS) now allows officers to deny family-based petitions without issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Until now, most applicants were given a chance to correct errors or submit missing documents. That's no longer guaranteed.
'We're hearing about more pro se applicants being denied and then issued Notices to Appear in immigration court,' said Deanna Benjamin, an immigration attorney with Boundless, a US-based immigration law firm. 'That's a major change from how these cases were handled in the past.'
Can USCIS now place applicants into deportation proceedings?
Yes. If someone without legal status in the US applies for a green card through a family member and gets denied, they could now receive a Notice to Appear (NTA)—a formal start to removal proceedings.
This applies even if the person is already in the US and trying to legalise their status. According to the updated USCIS policy manual, 'a family-based petition accords no immigration status nor does it bar removal.'
'This is one of the most important avenues that people have to adjust to lawful permanent status in the United States,' Elora Mukherjee, director of the Immigrants' Rights Clinic at Columbia Law School told NBC. 'The new policy is very broad and seems to empower USCIS to begin removal proceedings for a green-card applicant at any point in the process.'
Who is most at risk under this policy?
Immigrants who are:
1. Already in the US without legal status
2. Trying to legalise through a US citizen or green card holder spouse or relative
3. Awaiting consular processing with a pending waiver application (Form I-601)
4. Have overstayed visas and are now out of status
5. Lost their lawful presence due to expired pathways like DACA or TPS
Benjamin warned: 'Families applying on their own, especially those already in the US without status, are most at risk.'
How many people are affected by this change?
In the first six months of 2025 alone, nearly 520,000 I-130 family-based petitions were filed, according to USCIS. As of June, more than 2.4 million petitions were pending—1.9 million of those had already been in the queue for over six months.
The policy change applies not just to new applications, but also to pending ones.
Why is the Trump administration doing this?
USCIS said, the new policy helps 'ensure integrity in the US immigration system through enhanced screening and vetting.' It said the agency would use the changes to detect and deter immigration fraud.
'Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident status,' USCIS said in an alert. 'USCIS must ensure that qualifying marriages and family relationships are genuine, verifiable, and compliant with all applicable laws.'
Will this affect people who previously felt safe applying?
Yes. Until now, families applying through I-130 did not expect to land in immigration court unless there was criminal history or a clear violation of law.
'No one expected to be put into immigration court during this process,' said Mukherjee. 'Even those doing everything right could now be afraid to apply.'
What can applicants do to protect themselves?
< Double-check all forms before submission
< Ensure supporting documents are complete, especially proof of relationship
< Consult a qualified attorney if there is any doubt
< Avoid errors or omissions, even minor ones
'People can't afford mistakes anymore,' said Benjamin. 'If you're applying for a green card through a family member, your petition needs to be complete, accurate, and well-documented from the start. There might not be a second chance.'
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