(UNITED STATES) A major change in U.S. immigration policy now means that simply applying for a Green Card can trigger removal proceedings, putting thousands of family-based applicants at risk of deportation. The new policy, which took effect on August 1, 2025, has already started affecting both new and pending cases, according to updated guidance from U.S. Citizenship and Immigration Services (USCIS).
What Changed and Who Is Affected?
USCIS updated its Policy Manual on August 1, 2025, to clarify how it handles family-based immigrant visa petitions and adjustment of status applications. The new guidance states that filing a family-based petition or adjustment application does not provide any legal status or protection from removal. If USCIS finds that an applicant is removable for any reason—such as overstaying a visa, entering the country without inspection, or having a criminal record—it may issue an NTA, starting the removal process.
This policy applies to:
- **All new family-based Green Card applications filed on or after August 1, 2025**
- **All pending family-based petitions and adjustment of status applications** that were filed before this date but have not yet been decided
This means that even people who applied months ago and are waiting for a decision could now face removal proceedings if USCIS finds them ineligible.
Why Did USCIS Make This Change?
USCIS says the new policy is meant to strengthen national security and prevent immigration fraud. The agency is now conducting more thorough checks to spot fake marriages or family relationships that are not genuine. According to the official alert, the focus is on stopping fraudulent, frivolous, or non-meritorious petitions and protecting public safety.
A USCIS spokesperson explained, “We are committed to making sure that only those who are eligible for immigration benefits receive them. This policy helps us identify and remove those who do not qualify or who may pose a risk.”
How Removal Proceedings Work
If USCIS decides to issue an NTA, the applicant must appear before an immigration judge. Removal proceedings are legal processes where the government tries to deport someone from the United States 🇺🇸. The applicant can present their case, but the process can be long, stressful, and expensive.
Key points about removal proceedings:
- **An NTA is the official document that starts the process**
- **Applicants must attend all scheduled hearings**
- **Failure to appear can result in an automatic removal order**
- **Applicants can hire a lawyer to help defend their case**
Scope and Impact: By the Numbers
Since February 2025, USCIS has already started removal proceedings against about 26,000 people by issuing NTAs when they filed for immigration benefits, including Green Cards. The new policy makes this practice official and is expected to increase the number of NTAs, especially in family-based cases.
Experts estimate that tens of thousands of applicants could be affected nationwide. Immigration courts, which are already backlogged, may see even more cases as a result.
What Applicants Need to Know
If you are applying for a family-based Green Card, or if you have a pending application, here’s what you should keep in mind:
- **Applying does not protect you from removal.** If USCIS finds you are removable for any reason, you could receive an NTA.
- **You must provide strong evidence.** Make sure all documents proving your family relationship are real and complete.
- **Interviews may be required.** USCIS may ask you to attend an interview to check if your relationship is genuine.
- **Legal help is important.** Consider hiring an immigration lawyer, especially if you think you might have problems with your case.
Why This Policy Matters
Before this change, most people applying for a Green Card through family did not have to worry about removal proceedings unless they had serious problems, like a criminal record or a history of fraud. Now, the simple act of applying can put someone at risk, even if they have lived in the United States 🇺🇸 for years and have strong family ties.
Immigration lawyers warn that this policy makes the Green Card process much riskier. “People need to understand that filing an application could now lead directly to removal proceedings,” said one attorney. “It’s more important than ever to get legal advice before applying.”
Advocacy Groups Respond
Immigrant rights groups have criticized the policy, saying it could separate families and discourage people from applying for legal status.
“This is a harsh approach that punishes families who are trying to follow the law,” said a spokesperson for a national advocacy group. “Many people will be too afraid to apply, even if they qualify.”
USCIS’s Position
USCIS officials defend the policy as necessary to protect the country and prevent abuse of the immigration system. They say the policy targets only those who are not eligible or who try to cheat the system.
What Should Applicants Do Now?
If you are thinking about applying for a Green Card through a family member, or if you already have a pending application, here are some steps you can take:
- ✅ Check your eligibility carefully. Make sure you meet all the requirements before you apply.
- ✅ Gather strong evidence. Collect documents that clearly show your family relationship and your eligibility.
- ✅ Consult a qualified immigration lawyer. A lawyer can help you understand your risks and prepare your case.
- ✅ Stay informed. Follow updates from USCIS and check the USCIS Policy Manual for the latest information.
- ✅ Prepare for an interview. Be ready to answer questions and provide more documents if asked.
How to Check Your Case Status
Applicants can check the status of their case online using the USCIS Case Status tool. For questions, you can call the USCIS National Customer Service Center at 1-800-375-5283 or visit the USCIS Contact Page.
What Happens If You Receive an NTA?
If you get a Notice to Appear, do not ignore it. Here’s what you should do:
- **Read the NTA carefully.** It will tell you why you are being called to immigration court and when your hearing is.
- **Contact a lawyer immediately.** Removal proceedings are complicated, and a lawyer can help you defend your case.
- **Gather all your documents.** Bring everything related to your immigration history and your family relationship.
- **Attend all hearings.** Missing a hearing can lead to an automatic removal order.
Looking Ahead: What’s Next?
The policy is now in effect, and there are no signs it will be changed soon. Immigration courts may become even more crowded as more people receive NTAs. Some groups are considering legal challenges, but for now, the policy stands.
VisaVerge.com reports that this change could have a chilling effect on family-based immigration, as more people may be afraid to apply for a Green Card. The site suggests that applicants and their families should stay alert for any updates and seek legal help when needed.
Official Resources
For more information about the new policy and how it may affect you, visit the USCIS Policy Manual update. This page provides the latest official guidance and answers to common questions.
Takeaways for Families and Applicants
- **Applying for a Green Card now carries real risks.**
- **Removal proceedings can start just by filing an application if you are found removable.**
- **Legal advice and strong documentation are more important than ever.**
- **Stay informed and check official USCIS resources regularly.**
This new policy marks a major change in how family-based immigration works in the United States 🇺🇸. Anyone considering applying for a Green Card should weigh the risks, prepare carefully, and seek professional help to protect themselves and their families.
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