(UNITED STATES) Sweeping new rules for green card petition processing took effect across the United States 🇺🇸 on August 1, 2025, changing how family-based immigrant visa applications are reviewed and approved. The U.S. Citizenship and Immigration Services (USCIS) announced these changes to strengthen the system’s integrity and address concerns about fraud, especially in marriage-based cases. These updates affect both new and pending petitions, making it vital for families, applicants, and legal professionals to understand what’s changed, why it matters, and how to move forward.
USCIS’s new policy clarifies that approval of a family-based immigrant visa petition—most commonly filed using Form I-130—does not, by itself, give the beneficiary legal immigration status in the United States 🇺🇸. This means that even if a petition is approved, the person seeking a green card must still complete other steps, such as adjusting status or attending a visa interview abroad, before they can live and work in the country legally. The agency has also expanded its power to issue a Notice to Appear (NTA), which can start removal (deportation) proceedings if the beneficiary is found to be removable under immigration law, even after a petition is approved.
These changes come at a time when USCIS is facing significant backlogs and longer processing times for green card petitions. According to recent reports, some family-based cases now take up to 35 months to process, and employment-based categories are also experiencing severe delays. Immigration attorneys and advocates are urging applicants to file as early as possible, prepare thorough documentation, and stay updated on policy shifts.
What’s Changed: Key Points of the New USCIS Policy
On August 1, 2025, USCIS published a major update to its Policy Manual, focusing on family-based immigrant visa petitions. The most important changes include:
- **Approval of a family-based immigrant visa petition (Form I-130) does not grant legal status.** Beneficiaries must still complete all other immigration steps, such as applying for adjustment of status or attending a consular interview, before they can live and work in the United States 🇺🇸 legally.
- **USCIS will more closely examine the validity of family-based petitions, especially marriage-based cases.** The agency aims to prevent fraud and stop people from filing petitions that are not genuine or do not meet legal requirements.
- **USCIS can issue a Notice to Appear (NTA) for removal proceedings if the beneficiary is found removable, even if the petition is approved.** This means that approval of a petition does not protect someone from deportation if they are otherwise ineligible to stay in the country.
- **The policy update provides detailed guidance on:**
- Who is eligible to file and what documents are required.
- How to handle multiple or related petitions.
- When the Department of State (DOS) can accept petitions directly, such as for U.S. military personnel stationed abroad.
- Interview requirements for family-based petitions.
- How approved petitions are sent to the National Visa Center (NVC) for further processing.
The goal of these changes is to preserve the integrity of family-based immigration and prevent abuse that could undermine the system’s focus on family unity.
Why These Changes Matter: Practical Implications for Families and Applicants
For families hoping to reunite in the United States 🇺🇸, these new rules mean that every step of the green card petition process will face more scrutiny. Petitioners and beneficiaries must ensure that all documents are complete, accurate, and truthful. Any mistakes, missing information, or signs of fraud can lead to delays, denials, or even removal proceedings.
Key practical implications include:
- **Approval of a petition is only the first step.** Beneficiaries must still wait for a visa to become available and complete the adjustment of status process or consular processing.
- **Increased scrutiny may lead to more interviews and requests for evidence.** Applicants should be ready to provide additional proof of their relationship, especially in marriage-based cases.
- **Legal counsel is strongly advised.** Immigration attorneys can help families understand the new rules, gather the right documents, and respond to any requests from USCIS.
As reported by VisaVerge.com, these changes reflect a broader effort by the U.S. government to balance family unity with the need to prevent fraud and maintain public trust in the immigration system.
How the New Rules Affect the Green Card Petition Process
The green card petition process for family-based immigrants usually starts with Form I-130, Petition for Alien Relative. This form is filed by a U.S. citizen or lawful permanent resident (green card holder) on behalf of a family member who wants to immigrate to the United States 🇺🇸.
Here’s how the process works under the new rules:
- ✅ Filing Form I-130: The petitioner submits Form I-130 to USCIS, along with supporting documents that prove the family relationship. For marriage-based cases, this includes marriage certificates, joint financial records, photos, and other evidence showing the marriage is real.
– [Form I-130 official page](https://www.uscis.gov/i-130) - ✅ USCIS Review: USCIS reviews the petition and supporting documents. Under the new policy, officers will look more closely for signs of fraud or incomplete information. They may request more evidence or schedule an interview.
- ✅ Approval or Denial: If USCIS approves the petition, it is sent to the National Visa Center (NVC) for further processing. If denied, the petitioner can appeal or refile, but must address the reasons for denial.
- ✅ Visa Availability: The beneficiary must wait for a visa number to become available, based on the Visa Bulletin published each month by the Department of State.
- ✅ Adjustment of Status or Consular Processing: If the beneficiary is in the United States 🇺🇸 and eligible, they can file Form I-485 (Application to Register Permanent Residence or Adjust Status) when their priority date is current. If they are outside the country, they must attend a visa interview at a U.S. consulate.
– [Form I-485 official page](https://www.uscis.gov/i-485) - ✅ Final Decision: If all steps are completed successfully, the beneficiary receives a green card and becomes a lawful permanent resident.
Increased Scrutiny and the Fight Against Fraud
One of the main reasons for the new rules is to fight fraud, especially in marriage-based green card petitions. In the past, some people tried to use fake marriages or other dishonest means to get a green card. USCIS has faced criticism for not catching enough of these cases.
The new policy gives USCIS more tools to:
- **Check the validity of family relationships.** Officers will look for real evidence that the relationship is genuine, not just on paper.
- **Spot patterns of abuse or repeated filings.** If someone files multiple petitions for different people, or if there are signs of a “marriage for papers,” the case will get extra attention.
- **Issue Notices to Appear (NTAs) for removal proceedings.** If USCIS finds that a beneficiary is removable under immigration law, they can start deportation proceedings, even if the petition is approved.
What does this mean for honest families? It means more paperwork, more questions, and possibly more interviews. But it also means that the system is working to protect those who follow the rules.
Processing Times and Backlogs: What to Expect
USCIS is currently facing some of the longest processing times in recent history. According to data from Q2 2025, the agency completed 2.7 million cases, which is fewer than in previous quarters. This slowdown has led to longer waits for both family-based and employment-based green card petitions.
| Category | Current Status (2025) |
|---|---|
| Family-based petitions (Form I-130) | Up to 35 months to process |
| Employment-based petitions (including PERM) | Long delays |
| EB-1 petitions (priority workers) | Backlog of over 16,000 cases (highest in 15 years) |
| EB-1A approval rates | About 72% in 2025 |
What can applicants do?
- **File as early as possible.** The sooner you file, the sooner your case gets in line.
- **Monitor USCIS processing times regularly.** Check the USCIS Processing Times page for updates.
- **Prepare for possible interview requests.** More cases are being sent for interviews, especially if there are questions about the relationship or documents.
Visa Bulletin and Adjustment of Status: How to Track Your Case
The Department of State publishes a Visa Bulletin every month, showing which green card categories are “current” and which have backlogs. This bulletin is critical for anyone waiting to file Form I-485 (Adjustment of Status) or attend a visa interview abroad.
How to use the Visa Bulletin:
- 📋 Identify your visa category. Are you applying as a spouse, child, parent, or through employment?
- 📋 Check your priority date. This is usually the date USCIS received your Form I-130 or Form I-140.
- 📋 Compare your priority date to the Visa Bulletin charts. For family-based categories, use the “Dates for Filing” chart. For employment-based categories, use the “Final Action Dates” chart.
- 📋 File Form I-485 when your priority date is current or earlier than the date listed.
- 📋 Prepare all supporting documents. USCIS may ask for more evidence, so have everything ready.
You can find the latest Visa Bulletin and adjustment of status filing charts on the Department of State website and the USCIS adjustment of status page.
Real-Life Example: How the New Rules Affect Families
Consider the case of Maria, a U.S. citizen, who filed a green card petition for her husband, Juan, who is living in the United States 🇺🇸 without legal status. Under the new rules:
- Maria must submit a complete Form I-130 with strong evidence of her marriage to Juan, such as joint bank statements, photos, and affidavits from friends and family.
- USCIS may request more evidence or schedule an interview to check if the marriage is real.
- If the petition is approved, Juan still does not have legal status. He must wait for a visa to become available and then file Form I-485.
- If USCIS finds that Juan is removable (for example, because he entered the country illegally), they can issue a Notice to Appear and start removal proceedings, even after approving the petition.
- Maria and Juan should work with an immigration attorney to make sure all documents are correct and to prepare for possible interviews or requests for more evidence.
This example shows why it’s so important to understand the new rules and to get legal help if needed.
Background: Why USCIS Made These Changes
Family-based immigrant visa petitions have long been a main way for people to get green cards in the United States 🇺🇸. However, the system has faced problems with fraud, especially in marriage-based cases. Some people have tried to use fake marriages to get green cards, which hurts the system and makes it harder for honest families.
The new rules build on earlier efforts to tighten the process and make sure only real, eligible families benefit. USCIS says these changes are needed to keep public trust in the system and to make sure resources go to those who truly qualify.
What Stakeholders Are Saying
USCIS: The agency says the new rules are about protecting the system from abuse. “We are committed to preserving the integrity of family-based immigration and preventing fraudulent petitions that undermine family unity,” a USCIS spokesperson said.
Immigration Attorneys: Lawyers are telling clients to expect more questions and longer waits. “It’s more important than ever to file early and make sure your documents are complete,” said Jacob Sapochnick, an immigration attorney who tracks USCIS trends.
Applicants and Families: Many families are worried about the longer waits and the risk of removal proceedings. “We just want to be together, but now we’re scared that even an approved petition won’t protect us,” said one applicant, who asked not to be named.
U.S. Department of State: The DOS works with USCIS to allocate visa numbers and handle consular processing. They remind applicants to check the Visa Bulletin every month and to be ready for interviews.
What to Do Next: Practical Tips for Applicants
If you are planning to file a green card petition or are waiting for your case to be processed, here are some steps you can take:
- **Gather all required documents before filing.** Make sure you have birth certificates, marriage certificates, proof of relationship, and any other documents USCIS asks for.
- **Double-check your forms for accuracy.** Mistakes can lead to delays or denials.
- **Respond quickly to any requests for evidence.** If USCIS asks for more information, send it as soon as possible.
- **Prepare for an interview.** Practice answering questions about your relationship and be ready to show more proof if needed.
- **Check the Visa Bulletin every month.** Know when your priority date becomes current so you can file the next step.
- **Consider speaking with an immigration attorney.** Legal help can make a big difference, especially if your case is complicated.
Future Outlook: What’s Next for Green Card Petitions?
USCIS is expected to keep refining its policies to fight fraud and improve processing. However, backlogs may continue or even get worse unless Congress gives the agency more resources or changes the law. There may also be new rules in the future that affect other types of immigrant petitions or how cases are processed.
Applicants should:
- Stay informed by checking official USCIS and Department of State websites.
- Sign up for email updates from USCIS.
- Be ready for possible changes in forms, fees, or procedures.
Official Resources for More Information
For the most up-to-date and reliable information, always use official government sources:
- **USCIS Policy Manual Update (Family-Based Immigrants):**
USCIS Policy Manual Update - **USCIS Visa Bulletin Information:**
USCIS Visa Bulletin Info - **Department of State Visa Bulletin (August 2025):**
Visa Bulletin August 2025 - **USCIS Adjustment of Status Filing Charts:**
Adjustment of Status Filing Charts - **USCIS Customer Service:**
Phone: 1-800-375-5283
Website: USCIS Contact Center
Frequently Asked Questions
Q: Does approval of a family-based immigrant visa petition mean I have legal status?
A: No. Approval of Form I-130 or other family-based petitions does not give you legal status. You must still complete all other steps, such as adjustment of status or consular processing, before you can live and work in the United States 🇺🇸 legally.
Q: What happens if USCIS finds a problem with my petition?
A: USCIS may ask for more evidence, schedule an interview, or deny the petition. In some cases, they may issue a Notice to Appear for removal proceedings if they find you are removable under immigration law.
Q: How long will my green card petition take?
A: Processing times vary, but family-based petitions can take up to 35 months. Check the USCIS Processing Times page for updates.
**Q
This Article in a Nutshell
