US Makes Green Card Process Tougher For Married Couples: What's Changed?
The new rules apply to all pending and new petitions, including those filed by Green Card holders and US citizens sponsoring foreign spouses or relatives
On August 1, 2025, the US Citizenship and Immigration Services (USCIS) implemented a major policy update that tightens the rules for family-based green card applications, with a specific focus on marriage-based petitions.
The update applies immediately to all pending and new petitions, including those filed by Green Card holders and US citizens sponsoring foreign spouses or relatives.
What Are The New Requirements?
Stricter Documentation for Marriage-Based Applications
Couples must now present strong, verifiable evidence of a genuine marital relationship. This includes:
Joint financial records (bank accounts, leases, mortgages)
Photographs taken over time
Affidavits from friends or family
These will be critically evaluated during the application and interview stages.
USCIS will now require interviews for most marriage-based petitions. These interviews aim to assess the authenticity of the relationship and may include detailed questions about the couple's life together.
Scrutiny of Prior Applications
Officers will review multiple filings made by the same sponsor or involving the same beneficiary. This is intended to detect patterns that may indicate marriage fraud or immigration abuse.
Closer Review of Immigration History
Applicants already in the US, for instance, on H-1B or other visas, who apply for green cards through marriage will face a stricter review of their legal status and history.
Can You Be Deported Even After Petition Approval?
Yes. The approval of a Form I-130 petition, the standard application for family-based immigration, does not grant legal status or protect against deportation.
If USCIS finds that a beneficiary is otherwise removable, they may issue a Notice to Appear (NTA), placing the individual in removal proceedings even if their green card petition was approved.
Why Has USCIS Made This Change?
In its official statement, USCIS said that such fraudulent petitions 'erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States."
The policy also ties into broader national security concerns, with USCIS stating it is 'committed to keeping Americans safe by detecting individuals with potentially harmful intent so they can be processed for removal."
The new framework is meant to standardise officer guidance, improve vetting capacity, and enforce stronger documentation, especially in marriage-based immigration, which accounts for a large share of new permanent residents in the United States each year.
What Else Is In The USCIS Update?
Beyond tightening marriage-based scrutiny, the new guidance consolidates and clarifies several existing policies into one streamlined framework:
USCIS has reorganised and retitled key chapters in its policy manual to provide more consistent instructions on who qualifies, what documents are needed, and how officers should assess applications. The goal is procedural uniformity.
Petitions Filed Abroad in Special Cases
In certain cases, such as petitions by US military personnel or US government employees stationed overseas, the Department of State (DOS) may be authorised to accept Form I-130 directly at a US embassy or consulate.
The update also explains when the DOS can temporarily accept petitions during large-scale disruptive events, such as natural disasters or conflicts that impede USCIS operations.
Handling Ineligibility After Approval
Usually, USCIS routes approved petitions to the National Visa Center (NVC) for further processing. But if it later determines that the beneficiary is ineligible to adjust status within the US, for example, due to overstaying a visa, the case may instead be rerouted for consular processing abroad.
Clarity on Duplicate or Related Petitions
A new section guides USCIS officers on how to evaluate multiple or duplicate petitions, for example, when the same sponsor has filed several applications. This is aimed at identifying fraud or abuse.
Affected Policy Manual Sections
These changes are officially recorded in:
The Financial Context: Who Is Affected?
Under US immigration law, Green Card holders and US citizens can file Form I-130 (Petition for Alien Relative) for spouses, children, siblings, or parents.
Family-based immigration remains the largest contributor to new permanent residents, with immediate relatives alone comprising around 40 per cent of all new green card recipients annually.
With these new guidelines:
Existing applicants must recheck their documentation and eligibility
Future applicants should prepare for a more thorough vetting process
The financial and legal risks of submitting weak or misleading applications have increased significantly
Recent Case That Prompted Stricter Checks
In May, Aakash Prakash Makwana, an Indian national, pleaded guilty to marriage fraud after overstaying a J-1 visa. He submitted forged documents, claimed false cohabitation, and faked domestic abuse claims to obtain a green card.
Such cases have been cited by USCIS as examples of how the system can be exploited — and why it now demands more rigorous scrutiny.
What Should Couples Do Now?
If you're planning to apply for a green card through marriage:
Start gathering strong evidence of your relationship
Avoid submitting inconsistent or incomplete documents
Prepare thoroughly for the in-person interview
If you've previously filed a petition or overstayed a visa, consider seeking legal counsel
In Summary
top videos
View all
The new USCIS guidelines, effective August 1, 2025, apply to all pending and new family-based green card petitions. The rules significantly tighten scrutiny of marriage-based applications, making in-person interviews and detailed documentation mandatory. Couples must now provide joint financial records, photographs, and affidavits, while repeat filings or mismatched immigration histories may trigger deeper investigation.
Even if a green card petition is approved, the beneficiary may still face deportation if they are found removable on other grounds. The move signals a broader push to preserve the integrity of family-based immigration by ensuring that only genuine, verifiable relationships receive approval.
About the Author
News Desk
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d...Read More
Get Latest Updates on Movies, Breaking News On India, World, Live Cricket Scores, And Stock Market Updates. Also Download the News18 App to stay updated!
tags :
married couple US Green Card US Immigration Policy
view comments
Location :
New Delhi, India, India
First Published:
August 04, 2025, 09:53 IST
News explainers US Makes Green Card Process Tougher For Married Couples: What's Changed?
Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
8 hours ago
- Hindustan Times
Australia, Philippines launch largest military exercise near South China Sea
Australia on Friday launched its largest military exercises with Philippine forces, involving more than 3,600 military personnel in live-fire drills, battle maneuvers and a beach assault at a Philippine town on the disputed South China Sea, where the allies have raised alarm over Beijing's assertive actions. FILE PHOTO: An aerial view of a China Coast Guard ship navigating near the disputed Scarborough Shoal, as Philippine Coast Guard aircraft carrying journalists patrols the area, days after two Chinese vessels collided in the area while allegedly trying to block a Philippine supply mission, in the South China Sea, August 13, 2025. REUTERS/Adrian Portugal/File Photo(REUTERS) The exercises are called Alon, meaning wave in the Philippine language Tagalog, and will showcase Australia's firepower. The drills will involve a guided-missile navy destroyer, F/A-18 supersonic fighter jets, a C-130 troop and cargo aircraft, Javelin anti-tank weapons and special forces sniper weapons. Military officials said defense forces from the United States, Canada, Japan, South Korea, New Zealand and Indonesia will join as observers. 'This exercise reflects Australia's commitment to working with partners to ensure we maintain a region where state sovereignty is protected, international law is followed and nations can make decisions free from coercion,' Vice Admiral Justin Jones of the Royal Australian Navy said in a statement. The combat exercises are 'an opportunity for us to practice how we collaborate and respond to shared security challenges and project force over great distances in the Indo-Pacific,' Jones said. The exercises will run until Aug. 29. Australia is the second country after the U.S. with a visiting forces agreement with the Philippines, allowing the deployment of large numbers of troops for combat exercises in each other's territory. The Philippines has signed a similar pact with Japan, which will take effect next month. It is in talks with several other Asian and Western countries including France and Canada for similar defense accords. China has deplored multinational war drills and alliances in or near the disputed South China Sea, saying the U.S. and its allies are 'ganging up' against it and militarizing the region. China claims most of the South China Sea, a busy global trade route, where it has had a spike of territorial faceoffs with the Philippines in recent years. Vietnam, Malaysia, Brunei and Taiwan also lay claims to the resource-rich waters. On Monday, a Chinese navy ship collided with a Chinese coast guard ship while trying to drive away a smaller Philippine coast guard vessel in the Scarborough Shoal in the South China Sea. The Australian Embassy in Manila expressed concern over 'the dangerous and unprofessional conduct of Chinese vessels near Scarborough Shoal involving the Philippine Coast Guard' and said the incident 'highlights the need for de-escalation, restraint and respect for international law.' In response, the U.S. deployed two warships off the Scarborough on Wednesday in what it called a freedom of navigation operation to protest China's expansive claims, restrictions and its demand for entry notifications in the disputed waters. In February, a Chinese J-16 fighter jet released flares that passed within 30 meters (100 feet) of an Australian P-8 Poseidon military surveillance plane in daylight and in international air space, Australian defense officials said at the time.
&w=3840&q=100)
Business Standard
10 hours ago
- Business Standard
H-1B visa revamp may leave fresh graduates with no shot at US jobs: Decoded
On August 8, the US Office of Information and Regulatory Affairs (OMB) approved a proposal to change H-1B visa rules, a move that could make it harder for fresh graduates to secure a visa. The plan, titled 'Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions,' is now with the US Citizenship and Immigration Services (USCIS) and will soon be opened for public comment. What are the H-1B visa changes? 'While the text of the proposed rule has not yet been released, the proposal could potentially replace the current random H-1B lottery system with a wage-based selection process,' said Sheela Murthy, president and CEO of the Murthy Law Firm. It is expected to revive a move from Donald Trump's first term that would have ranked petitions by the wages offered. 'In January 2021, near the end of Trump's first term in office, he unsuccessfully attempted to implement a rule that would have tied the H-1B lottery selection process to the wage level. Presumably, the new rule will be similar to the 2021 rule,' Joel Yanovich, attorney at the Murthy Law Firm told Business Standard. H-1B Visa: From lottery to wage-based selection 'Right now, the H-1B selection is like a lucky draw — you enter the lottery and hope your name comes up. Under the wage-based system, luck takes a back seat. USCIS would see the salaries being offered for H-1B visas and select applications starting from the highest going down until the annual cap was exhausted,' Sanjay Laul, founder of MSM Unify explained to Business Standard. Currently, the lottery is triggered when applications exceed the annual cap of 85,000 visas — 65,000 for regular applicants and 20,000 for those with a US master's degree or higher. If this happens, USCIS runs a computerised draw to decide who can proceed. The programme is heavily used by the technology sector. 'If the rule is substantially similar to the 2021 rule, cap-subject H-1B petitions filed for entry-level positions would likely have next-to-no chance of being selected. This would undoubtedly harm foreign nationals who are recent graduates,' said Yanovich. Four wage tiers The four tiers come from the US Department of Labor's prevailing wage levels for a given job and location: Level 1: Entry-level pay for the position Level 2: Qualified workers with some experience Level 3: Experienced workers with advanced skills Level 4: Highly specialised, senior workers Under the 2021 plan, level 4 roles would be selected first, followed by lower levels. 'The change applies both to the regular cap (65,000 visas) and advanced degree exemption (20,000 visas for holders of US master's degrees), thereby fundamentally altering how all H-1B slots are distributed. Employers will also be required to substantiate their claims concerning wages with documents such as the Labour Condition Application, prevailing wage data, and proof of the actual offer to the applicant,' said Laul. Impact on Indian applicants 'Indian professionals, especially in IT, have dominated H-1B numbers for years — roughly seven out of every ten visas go to Indian nationals. With the new system, the higher-paying roles, often in big US tech companies, will be first in line. That means applicants in mid-level service roles, which are common in the IT services industry, may find it tougher,' said Laul. He added that India could still remain the top recipient, but competition among Indian applicants themselves would be sharper. Sectors such as AI, fintech and biotech, where salaries are higher, could see more representation. In the 2023 financial year, around 191,000 H-1B visas went to Indian nationals. This rose to about 207,000 in FY 2024. Your salary will be your ticket 'In this new setup, your salary isn't just your pay — it's your ticket in. If you can move to an employer that pays at the top of the scale or negotiate a bump before applying, your odds go up. Location matters too. A software role in San Francisco will have a higher prevailing wage than the same role in a smaller city. And if you can upskill into niche, in-demand areas like AI engineering or cloud architecture, you're automatically in a higher-wage bracket. It's all about positioning yourself where the wages and the chances are better,' Laul explained. Big fish eats the small Big tech companies can pay top rates and will naturally rank higher under this system. 'Smaller businesses and startups, even if they're doing great work, might not be able to match those salaries, which means fewer chances for them to bring in global talent. It could make the H-1B pool more elite, but also less diverse in terms of company size and industry,' said Laul. Will the proposal need congressional approval? 'The rule would not need congressional approval. But, if the rule does not comply with the framework of the H-1B programme as set by Congress in the statute that created it, the rule could be struck down by a federal court,' said Yanovich. Murthy said that while the proposal signals possible changes to H-1B selection, it is just the start of a long regulatory process. 'Without access to the actual rule text and given the multiple steps required for finalisation, it remains uncertain whether, when, or in what form these changes might be implemented,' she said.
Hindustan Times
a day ago
- Hindustan Times
‘Trump should end H-1B visa': Critics demand stricter rules to protect US jobs
The H-1B visa programme in the United States is under renewed criticism from those who say it pushes out American workers, drives down wages, and allows for exploitative labour conditions. Supporters of an 'America First' approach argue the programme, meant to fill real skill shortages, is now being used mainly to cut costs at the expense of local staff. Joseph Bovino says H-1B rules make workers vulnerable, as losing a job can mean losing legal status, pushing them into exploitative conditions.(Pexel) US immigration lawyer Joseph Bovino has called for reforms, noting that H-1B visa holders are tied to one employer and risk losing their legal status if their job ends early. Critics also say a large share of H-1B visas go to outsourcing firms, which they believe undermines the programme's original purpose of filling roles that require specialised skills. Bovino says H-1B used to replace US workers In a recent post on X, Bovino said the programme lets companies lay off US workers while hiring foreign staff at lower pay, contradicting claims that visas are only issued when no qualified Americans are available. He cited Microsoft as an example, saying it cut over 15,000 jobs while filing more than 14,000 H-1B applications for similar roles. Bovino also said the programme suppresses wages and ties foreign staff to a single employer. 'Workers on H-1B visas face a very short window, 60 days, to find a new sponsor if terminated, leaving them vulnerable to exploitation,' he said. He criticised outsourcing firms, particularly those from India, for dominating the visa allocations to supply cheaper labour for jobs that may not require advanced skills. Some firms, he claimed, even apply for non-existent jobs or keep staff 'on the bench,' a practice he says goes against the programme's purpose. Bovino suggested alternatives like investor and O-1 visas, which he said benefit applicants and the US economy without the problems linked to the H-1B. Internet reaction Reactions to his post were divided. Some agreed the visa slots should be fewer and more competitive, reserved for top talent. 'There needs to be very limited H-1B visa slots, and requestors need to compete against each other for who gets the visa. A few best of the best, and the rest need to improve themselves,' one user wrote. Another user chimed, 'H-1B employees should be laid off first at an absolute minimum. That said, I'm in favor of ending basically all visa work programs. If you want someone from another country, hire them in that country. However, even that should have an associated cost.' A different user wrote, 'But H1b were also laid off too, all those 15k are not all 'Americans'. It's a combination of Americans, Green card holders, H1b and OPT. A lot of folks on visas have returned back to their home countries. Why not look into the practices of these companies who can just fire during record profits? There should be rules against companies who laid off h1bs wanting to hire h1b. Simple.' Also Read: Indian H-1B visa holder shares quick, smooth renewal experience in Jamaica Another user penned, 'I think there should be a limit on H1B slots. There are way too many people coming in for that. We need to recruit people here. We need America first!' One of the other X users wrote, 'I am not sure about eliminating the program. However, it is definitely a mistake to give working visas to those who contribute NOTHING to the economy.'
