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Time of India
05-08-2025
- Politics
- Time of India
No happy ever-after? US green card rules made stringent for married couples, check what's changed
U.S. Citizenship and Immigration Services (USCIS) just made life tougher for anyone thinking of shortcutting the American dream. USCIS drops new bombshell on marriage-based green cards In a policy shift with major consequences for couples seeking green cards, the agency announced it will now apply stricter scrutiny to all marriage and family-based visa petitions, both pending and freshly filed. Why this matters for married couples? The change, effective immediately from August 1, arrives amid an immigration case backlog of over 11.3 million. And it is clear the agency is no longer playing nice. USCIS stated that simply having a family-based petition approved no longer guarantees legal status. In fact, if the beneficiary is found removable, they can now be directly issued a Notice to Appear in deportation proceedings. This tough stance highlights a broader shift: USCIS is doubling down on security vetting and fraud detection, especially targeting sham marriages. What the new rules of green card policy actually say? The updated USCIS Policy Manual dives deep into eligibility, documentation, and the complex handling of petitions filed by U.S. citizens, especially those in the military or serving abroad. Under specific conditions, such as during large-scale disruptions, Form I-130 can be filed directly with the Department of State. The agency will also forward cases to the National Visa Center if a person becomes ineligible to adjust status from within the U.S. These changes are all part of an overarching goal: to ensure that relationships submitted for immigration purposes are 'genuine, verifiable, and compliant with the law.' National security first, love second In its press release, USCIS made it clear that public safety comes first. The agency reiterated that fraudulent petitions not only waste resources but also threaten national security. The new vetting process, they said, will help detect bad actors and allow for swift removal if needed. A former senior DHS official, Morgan Bailey, noted that this move reflects a growing belief within USCIS that its job is more about security screening than simply handing out benefits. What now? If you are planning to file a green card petition for a spouse or family member, be warned: this is no longer just paperwork. Every document, every interview, and every relationship claim will now be placed under a sharper microscope. Love may conquer all, but immigration fraud? Not so much.
Hindustan Times
05-08-2025
- Politics
- Hindustan Times
Green card rules change for married couples: See the new immigration guidelines
US Citizenship and Immigration Services (USCIS) has released updated policy guidance on how family-based immigrant visa petitions are evaluated. These petitions are often used by married couples seeking green cards. Green card rules change for married couples: See the new immigration guidelines (Representational image) "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," USCIS wrote in an August 1 press release. The new policy was published in the USCIS Policy Manual on August 1. It is effective immediately and applies not just to pending petitions, but also to newly filed petitions. What does the policy state? The policy says that approval of a family-based petition does not grant legal immigration status. In the release, USCIS explained that a Notice to Appear may be issued in removal proceedings in case it is determined that a beneficiary is otherwise removable under US immigration law. Read More | Indians in US haunted by one question – can Trump strip them of their Green Cards overnight? What you need to know The update aims to clarify existing procedures. The agency's ability to assess the validity of various family-related immigration petitions, including marriage-based petitions, is strengthened. The petitions in question have spouses or immediate relatives applying for lawful permanent residency. Highlighted in the guidance are eligibility criteria, documentation requirements, and interview procedures. The guidance also outlines how USCIS handles cases involving multiple or related petitions, and explains on what conditions petitions may be routed to other government agencies. The document explains when USCIS will forward approved petitions to the Department of State's National Visa Center, especially in cases where a beneficiary originally wanted to adjust status within the US, but was found to be ineligible later. The update also addresses when US citizens can file Form I-130, Petition for Alien Relative, directly with the Department of State – including people who serve in the military or stationed abroad for government assignments. USCIS wrote in a press release, 'This guidance will improve USCIS' capacity to vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with all applicable laws. USCIS is prioritizing robust alien screening and vetting that protects Americans from potential national security threats. We are committed to keeping Americans safe by detecting aliens with potentially harmful intent so they can be processed for removal from the United States.' Morgan Bailey, a partner at Mayer Brown and a former senior official at DHS, previously told Newsweek, "The Trump administration believes that the primary mission of USCIS is to serve as a screening and vetting agency rather than as a benefits granting agency."
Newsweek
25-07-2025
- Politics
- Newsweek
Trump Admin Identifies Gang Immigration 'Loophole'
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. A new report from U.S. Citizenship and Immigration Services (USCIS) has raised concerns over the Special Immigrant Juvenile (SIJ) program, citing instances of identity fraud and gang affiliations among applicants approved for lawful permanent residency. "The scale of criminality, gang involvement, and fraud described in this report is more extensive than in earlier public discussions of the Special Immigrant Juvenile (SIJ) program," Morgan Bailey, a partner at Mayer Brown and a former senior official at the Department of Homeland Security, told Newsweek. One expert told Newsweek that Project 2025 had called for USCIS to bolster its fraud detection unit, with this latest report a sign of that effort. "It also reflects the Trump administration's terminations of the temporary, discretionary statuses granted under the Biden administration—humanitarian parole, deferred action, and temporary protected status (DACA being a notable exception)," Kathleen Bush-Joseph, a policy analyst at the Migration Policy Institute, told Newsweek. Why It Matters SIJ status is a form of humanitarian immigration relief available to undocumented minors in the United States who have been abused, abandoned, or neglected by one or both parents. It was created by Congress in 1990 to protect vulnerable youth from being returned to unsafe environments and to provide them a pathway to lawful permanent residency. Once SIJ status is granted, the individual becomes eligible to apply for lawful permanent residency. President Donald Trump has ordered his administration to carry out widespread removals as part of his pledge to conduct what Republicans describe as the largest mass deportation operation in U.S. history. Police detain immigrants and asylum-seekers reporting for immigration court proceedings in New York City on July 24, 2025. Police detain immigrants and asylum-seekers reporting for immigration court proceedings in New York City on July 24, 2025. DOMINIC GWINN/Middle East Images/AFP via Getty Images What To Know USCIS said in a report that 853 known or suspected gang members filed SIJ petitions during the review period, including more than 600 affiliated with the MS-13 gang. Of those, over 500 applications belonging to suspected MS-13 gang members were approved, per the report. Many petitioners submitted their SIJ I-360 petitions after turning 18 and qualified based on determinations that one of their parents had abandoned or neglected them. The report also identifies approved petitions from individuals linked to other gangs, such as over 100 members of the 18th Street gang, at least three from Tren de Aragua (TdA), and several associated with the Sureños and Norteños. Bailey told Newsweek that there were various weaknesses in the program, particularly in how agencies communicate with one another, which can lead to opportunities for fraud or exploitation. The report, titled "Criminality, Gangs, and Program Integrity Concerns in Special Immigrant Juvenile Petitions," examines more than 300,000 SIJ petitions filed between fiscal year (FY) 2013 and February 2025. Over half the SIJ applicants in FY 2024 were between 18 and 20 years old, according to USCIS. Many applicants reportedly entered the United States without legal inspection, and some were found to have submitted petitions using false information about their age, identity, or nationality, the report claims. On June 6, USCIS rescinded a policy, in place since 2022, that automatically considered deferred action—temporary protection from deportation—for approved SIJ petitioners. "Criminal aliens are infiltrating the U.S. through a program meant to protect abused, neglected, or abandoned alien children," USCIS spokesman Matthew J. Tragesser said in a press release. To qualify for SIJ, a state juvenile court must issue an order establishing dependency or custody or placement with a state‐appointed guardian, find that reunification with a parent is not viable due to abuse, neglect, or abandonment, and determine that returning to the child's home country would not be in the child's best interests. After USCIS approves the SIJ petition and a visa number becomes available, beneficiaries can apply to adjust their status to lawful permanent resident, thereby gaining the stability to build a safer future in the U.S. The United States Citizenship and Immigration Services field office in downtown San Diego, California. The United States Citizenship and Immigration Services field office in downtown San Diego, California. Getty Images What People Are Saying Morgan Bailey, a partner at Mayer Brown and a former senior official at the Department of Homeland Security, told Newsweek: "While these exceptions are well-intentioned, the program's relatively low statutory barriers to eligibility have also introduced vulnerabilities. Individuals who would otherwise be barred from obtaining lawful status may see the SIJ program as one of the few viable paths to remain in the United States and normalize their status. "While previous reports and policy analyses have noted some concerns about fraud and the need for better oversight, this USCIS July 2025 report is distinguished by its comprehensive data analysis, explicit documentation of criminal and national security risks, and detailed critique." Kathleen Bush-Joseph, a policy analyst at the Migration Policy Institute, told Newsweek: "Moving forward, I expect to see the Trump administration trying to deport some of the youth granted Special Immigrant Juvenile status, as happened before the Biden administration's deferred action program, since they remain vulnerable to deportation while they wait for visas to become available, if they do not have deferred action." USCIS spokesman Matthew J. Tragesser said in a statement: "This report exposes how the open border lobby and activist judges are exploiting loopholes in the name of aiding helpless children." What Happens Next USCIS said it was looking at other ways to mitigate vulnerabilities in the SIJ program.
Newsweek
09-07-2025
- General
- Newsweek
Green Card Holders Face Major Immigration Backlog: What to Know
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. The U.S. immigration system has faced growing strain, with a backlog of pending applications reaching an all-time high of 11.3 million, according to data from U.S. Citizenship and Immigration Services (USCIS). The slowdown in processing and rising delays have left millions of applicants in a state of legal and personal limbo, and green card replacement delays have added to the frustration. Form I‑90 processing times have increased dramatically, now taking more than eight months to complete. Despite this surge in wait times, experts say green card holders should not panic. "While it may be surprising, from a legal and practical perspective, the sharp increase in Form I-90 processing times is not of concern. There is already a policy fix in place," Morgan Bailey, a partner at Mayer Brown and former senior official at the Department of Homeland Security, told Newsweek. An information packet and an American flag are placed on a chair before the start of a naturalization ceremony at the U.S. Citizenship and Immigration Services Miami Field Office, Friday, August 17, 2018, in Miami.... An information packet and an American flag are placed on a chair before the start of a naturalization ceremony at the U.S. Citizenship and Immigration Services Miami Field Office, Friday, August 17, 2018, in Miami. More Wilfredo Lee/AP When a lawful permanent resident files a Form I‑90 to renew an expiring green card, USCIS immediately issues a receipt notice, which automatically extends the validity of the expired card for 48 months. "Presenting the expired green card alongside the receipt notice is legally equivalent to having an unexpired green card. The receipt notice itself includes language explaining that it extends the green card, so there should not be confusion on the part of employers, airlines, or others. "An expired green card does not mean an expired status." USCIS has long acknowledged that it prioritizes applications that impact an individual's immigration status more directly, diverting resources away from lower-risk tasks like card renewals. Still, for the millions caught in the backlog, the key is understanding that status remains intact, and the paperwork, though delayed, does not affect the right to live and work in the U.S. If green card holders need to prove their status to employers, airlines, or immigration officers while waiting for their new card, the receipt notice plus the expired card is fully valid. Those without either document can request an ADIT (I‑551) stamp at a local USCIS office, which serves as temporary proof of permanent residency for work, travel, or reentry to the country. "This is somewhat similar to a US citizen whose status remains unchanged even if they don't have a valid passport. We can think of it like an expired passport—you are still a citizen," Bailey said. While the backlog highlights wider strains in the immigration system, experts stress that understanding the protections in place can help green card holders avoid unnecessary worry—and stay legally covered until their new card arrives. "The filing of the Form I-90 does not actually confer an immigration benefit—it simply updates the physical proof of the individual's status. Permanent resident status doesn't expire, even if the card does—and is only lost through formal government action," Bailey said. The Trump administration has revoked visas and green cards of foreign students that they have alleged are connected to pro-Hamas activities. This includes participating in campus protests and distributing materials, such as flyers. The moves come amid an aggressive deportation agenda after President Donald Trump directed his administration to remove millions of undocumented immigrants as part of a hard line mass removal policy. Beyond targeting those without legal status, immigrants with valid visas and green cards have also faced detention under the government's sweeping enforcement operations. Newsweek has documented numerous cases involving green-card holders and applicants being caught up in the immigration raids.
