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Mint
09-08-2025
- Business
- Mint
Green card hopes of Indian-origin kids at risk as new US citizenship rules take effect August 15
United States' recent major policy revision could impact Indian American families' green card eligibility. At the same time, green card eligibility of thousands of children in Indian American families is in focus. The recent amendment issued on August 8 states, 'We are updating the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin. The new guidance applies to requests filed on or after August 15, 2025. We will apply the Feb. 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025.' After new US citizenship rules, Green card hopes of Indian-origin kids are at risk. According to the Immigration and Nationality Act (INA), a child is a person who is under 21 years and unmarried. The USCIS Policy Manual gives the key details about the time immigrant visa 'becomes available' for the purpose of calculating Child Status Protection Act age. Effective from August 15, the modification applies to applications filed on or after August 15. Before moving to the change in the application process, one must know what is Child Status Protection Act (CSPA). This law implemented in 2002 protected certain children from aging out while they waited in the green card backlog. Until now, 'Dates for Filing' chart was in use. This allowed families to 'locking in' their child's age earlier, even if a visa wasn't available, in the monthly Visa Bulletin to calculate CSPA age. From August 15 onwards, the 'Final Action Dates' chart will be used. This is the date to determine CSPA age when a visa is actually available and the green card can be approved. Since 'Final Action Dates' lag the 'Dates for Filing' by years and sometimes even decades, it is bad news for Indians in EB-2 and EB-3 categories. This implies that applicants applying for Green card, whose parent's family-sponsored, employment-based preference, or diversity visa has been approved, who turn 21 before the 'Final Action Date' are at risk of losing lawful permanent resident status as dependents under the new change. Making it difficult for the child above 21 years to obtain a green card while parents move forward with the lawful permanent resident (LPR) status, the child would have to switch to a student visa (F-1) or apply for another temporary status. Meanwhile, the old policy would continue to apply to applications filed before August 15, 2025, if the applicant submitted the paperwork aligning to the earlier rule, according to USCIS. 'If an alien demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the Feb. 14, 2023, policy before August 15,2025, we will calculate CSPA age under the Feb. 14, 2023, policy,' the latest press release states.
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.
India Today
05-08-2025
- Politics
- India Today
Indian families face tougher vetting under new US green card rules
The US Citizenship and Immigration Services (USCIS) has issued fresh policy guidance aimed at strengthening its screening of family-based immigrant visa petitions, a move that will affect many applicants from India, one of the largest sources of family-sponsored green card updated policy, now part of the USCIS Policy Manual, clarifies how the agency will assess whether family-based petitions-including those involving spouses, children, parents, or siblings — are genuine, properly documented, and legally agency is drawing a clear line between legitimate family reunification and what it calls "fraudulent, frivolous, or otherwise non-meritorious" petitions. Such cases, it says, 'erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States.' The guidance, effective immediately, lays out several key updates that will affect current and future petitions, including those already in the pipeline. These include stricter interview protocols, clearer eligibility criteria, and closer scrutiny of cases where multiple or related petitions are filed says the goal is to boost its 'capacity to vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with all applicable laws.'Indian nationals are likely to feel the impact. Many wait years — even decades — in backlogs, particularly under family preference categories. This move could mean longer processing times or additional documentation requirements for THE NOTABLE CHANGES:Clarified rules for when interviews will be required for family-based immigrant visa explanations of how the agency adjudicates petitions filed alongside others, including related or duplicate oversight on cases filed from abroad by US citizens, including military personnel and government employees stationed authority to issue a Notice to Appear (NTA) in immigration court if the petition beneficiary is found to be removable, emphasising that an approved family petition does not shield someone from deportation.'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,' the agency update also outlines when USCIS may reroute a case to the National Visa Centre if an applicant is no longer eligible to adjust status within the US.- EndsTrending Reel
Mint
05-08-2025
- Politics
- Mint
Green card marriage couples: Here's what changes under USCIS's new family visa rules
Green card marriage couples: The US Citizenship and Immigration Services (USCIS) has revised its rules for evaluating family-based immigrant visa petitions, which are often filed by married couples applying for green cards. 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.
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."
