Married immigrants applying for green cards through U.S. citizen spouses face higher deportation risk starting August 1, 2025, after new Trump administration rules took effect nationwide. USCIS now says these applications do not provide legal status or shield applicants from removal, and officers can issue a Notice to Appear (NTA) at any stage if someone is found removable.
USCIS confirms the change applies to both new and pending cases, including people who entered without inspection, overstayed a visa, or lost Temporary Protected Status (TPS). The agency frames the shift as an enforcement step against fraud and to uphold the law. Advocacy groups warn it will split families and push many into court even with strong marriage cases.
What the policy does right now
- USCIS can issue an NTA during or after case review if it finds the person removable.
- Filing a marriage-based application does not pause removal proceedings.
- The policy covers immediate relatives of U.S. citizens and other family-based categories.
- It applies to cases filed on or after August 1, 2025, and to older files still pending.
Why this matters for families
Family immigration is a major pathway to permanent residency, with roughly 650,000 to 810,000 family-based applications each year. In fiscal year 2024, the United States granted about 161,705 family-based green cards to Mexican nationals and 29,725 to Indian nationals, alongside large numbers from the Dominican Republic, Philippines, Cuba, Vietnam, China, El Salvador, Haiti, and Jamaica.
With this volume, even a small shift in policy can affect tens of thousands of households.
USCIS position and critics’ responses
- USCIS: Fraudulent or frivolous petitions hurt the system and public trust; the change is an enforcement measure.
- Former enforcement officials: Say the agency is applying the Immigration and Nationality Act as written.
- Immigration lawyers: Call the move sweeping, noting that many couples with bona fide marriages may still face removal before they can fix small errors or provide extra evidence.
- As reported by VisaVerge.com, the risk now extends beyond undocumented applicants to people who fell out of status for reasons like job loss or TPS termination.
“Filing a strong package is no longer enough. People must plan for court from day one,” said a veteran immigration attorney who handles family cases.
“We’re seeing NTAs issued even when marriage evidence is solid.”
A former DHS official pushed back: “Congress wrote the rules. If someone is removable, the government has a duty to act. Family unity doesn’t erase the statute.”
How cases move under the new rules
- The U.S. citizen files Form I-130, Petition for Alien Relative, with USCIS. The foreign spouse typically files Form I-485, Application to Register Permanent Residence or Adjust Status, if eligible to adjust inside the country. These filings do not give legal status or stop removal.
- USCIS reviews status history. If it finds grounds of removability—such as an entry without inspection or an overstay—it may issue an NTA, sending the case to immigration court.
- The applicant must attend all hearings. Missing a hearing can trigger an in absentia removal order.
- While in court, the person may still seek relief but must qualify. Options include:
- Adjustment of status before a judge if the underlying I-130 was approved.
- Requests for other relief like cancellation of removal, if eligible.
- Waiver applications where applicable.
Key forms and where to find them
- Form I-130, Petition for Alien Relative: https://www.uscis.gov/i-130
- Form I-485, Application to Register Permanent Residence or Adjust Status: https://www.uscis.gov/i-485
- Notice to Appear (NTA): Not a form you file; it is a charging document issued by the government to start removal proceedings.
- For official guidance on NTAs and court process, see the Executive Office for Immigration Review page on immigration court proceedings: https://www.justice.gov/eoir
Who is most at risk
- People who entered without inspection and can’t adjust in the United States without a waiver.
- Applicants who overstayed and don’t qualify for immediate relative exceptions.
- Those who lost TPS and didn’t regain lawful status.
- Individuals with prior removal orders or old cases that courts may reopen.
A real-world example
Ana entered without inspection in 2015 and married a U.S. citizen in 2022. She filed I-130 and I-485 in 2023 with proof of a real marriage: joint taxes, lease, bank account, and photos.
Under earlier practices, she expected to resolve issues at a USCIS interview or through a request for evidence. Under the new policy, USCIS flags her as removable due to unlawful entry and issues an NTA. She must now appear in court. Her I-130 could still be approved, but adjustment may only proceed before a judge, and she may need a waiver. If she misses a hearing, she risks a removal order.
What immigration courts are doing
- Immigration courts are reopening some older cases and placing more hearings on the calendar.
- Judges have discretion to grant or deny motions, but many dockets are moving faster.
- The administration says this will reduce backlogs.
- Lawyers warn this can increase in absentia orders if people don’t receive notices after moving or fail to check hearing dates.
What married immigrants should do now
- Get a full screening with a qualified attorney before filing. Ask about entry history, past orders, criminal issues, and waivers.
- Keep proof of a good-faith marriage: joint bills, taxes, lease/deed, insurance, children’s birth certificates, and photos over time.
- Track your case and address. Update USCIS and the court immediately if you move—a missed letter can lead to a missed hearing.
- Attend every hearing. Bring an interpreter if needed and arrive early.
- Consider timing. Some spouses who cannot adjust inside the United States may look at consular processing plus waiver options, but that can involve risks and bars. Get legal advice first.
How to reduce risk when filing
- Be accurate and complete. Small mistakes can trigger deeper review.
- Respond fast to USCIS notices. Watch deadlines in bold on any letter.
- If you receive an NTA, contact counsel immediately and check your hearing date on the EOIR automated system.
- Keep copies of everything you submit and everything you receive.
What this means for employers and communities
- Employers may see workers pulled into hearings, causing lost shifts and instability.
- Schools and clinics may see stress in mixed-status families.
- Faith and community groups will likely expand support services, such as document translation and court accompaniment.
Policy context and potential developments
Since January 2025, the administration has rolled back several Biden-era enforcement priorities and added tougher border rules. The family-based shift matches President Trump’s long-stated concerns about extended family immigration.
Legal challenges may develop, but as of August 2025, no court has blocked this specific policy.
Where to find official information
- USCIS maintains policy guidance and form instructions on its site.
- For removal proceedings, the EOIR website explains court basics and lists forms and practices. See: https://www.justice.gov/eoir
Bottom line for families today
Marriage to a U.S. citizen no longer protects someone from deportation under the new rules. A pending case won’t stop USCIS from issuing an NTA. Careful planning, strong evidence, and quick legal help can make a real difference.
If you’re unsure whether you can adjust status inside the country, ask a trusted attorney to review your entry record, prior orders, and any needed waivers before you file.
This Article in a Nutshell
