On August 1, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued a significant update to its Policy Manual, granting immigration officers expanded authority to initiate removal proceedings against certain immigrants applying for legal permanent residency through family-based petitions. 

Under the updated guidance in Chapter 5 of the USCIS Policy Manual (Chapter 5 – Adjudication of Family-Based Petitions | USCIS), the agency now explicitly states that if a beneficiary is found to be removable and amenable to removal from the United States,  USCIS may issue a Notice to Appear (NTA), placing the individual into immigration court proceedings for removal. 

This change applies to pending petitions as well as those filed on or after August 1, 2025, and affects individuals applying through marriage or other qualifying family relationships, who do not currently hold valid immigration status. 

In a public statement, USCIS emphasized that the update is aimed at reinforcing the integrity of the immigration system through “enhanced screening and vetting to deter, detect, and disrupt immigration fraud and threats to national security and public safety.” 

The agency also noted that the updated policy introduces increased benefit integrity measures, including expanded use of in-person interviews and greater scrutiny of prior immigration history and applications. 

What This Means for Applicants: 

• Denials May Lead to Court: Previously, petitions with incomplete documentation often triggered a Request for Evidence (RFE). Under the new policy, USCIS may now deny a petition outright and refer the individual to immigration court if the person is removable and amendable to removal from the United States, e.g., the person does not hold lawful immigration status. 

• No Status from I-130 Approval: USCIS reminds individuals that an approved Form I-130 (Petition for Alien Relative) does not provide lawful immigration status (or work authorization) and does not shield beneficiaries from removal proceedings. 

• Importance of Maintaining Status: USCIS reminds applicants that a pending Form I-485 (Application to Adjust Status) grants authorized stay but does not constitute lawful immigration status. Beneficiaries of petitions and applicants of pending I-485 applications are strongly advised to maintain valid underlying status during the entire green card process whenever possible. 

• Prepare for Greater Scrutiny: Stronger evidence of a bona fide relationship (e.g., joint financial documents, affidavits, photos) may be required, and in-person interviews should be expected in more cases. 

Foster LLP will continue to monitor changes in immigration policies and will provide additional updates via our firm’s website at fosterglobal.com.