Green card marriage couples: Here's what changes under USCIS's new family visa rules
In a press release issued on August 1, UCIS informed, 'Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States.' The policy clarifies that approving a family-based petition does not automatically confer legal immigration status. If the beneficiary is found to be ineligible under US immigration law, a Notice to Appear in removal proceedings can be issued.
USCIS states that the update aims to clarify current procedures and enhance the agency's capacity to evaluate the validity of marriage-based and other family-related immigration petitions, especially when spouses or immediate relatives seek lawful permanent residency. The update highlights the eligibility criteria, required documentation, interview procedures, USCIS's approach to cases with multiple or related petitions, and the conditions for routing petitions to other government agencies. In the USCIS Policy Manual, issued by the agency, it explains requirements associated with the screening, vetting, and adjudication of family-based immigrant visa petitions, including eligibility criteria, filing, interviews, and decisions. The document explains the circumstances under which USCIS forwards approved petitions to the Department of State's National Visa Centre, particularly if a beneficiary initially applied to adjust status within the U.S. but is subsequently deemed ineligible.
The latest update clarifies when U.S. citizens, particularly those in the military or abroad on government assignments, can file Form I-130, Petition for Alien Relative, directly with the Department of State. USCIS indicates that these filings may be allowed under specific circumstances, such as during large-scale disruptive events.
The latest update comes into effect immediately.
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