Family-based immigration cases for immediate relatives of U.S. citizens now face tougher review and longer waits as U.S. Citizenship and Immigration Services (USCIS) applies new guidance rolled out on August 1, 2025. The updated rules affect every part of the Two-Step Process for these cases, from the first family petition (I-130) to the green card application (I-485), and they raise the stakes for families with pending or future filings.
According to analysis by VisaVerge.com, the August 2025 changes do not create new law, but they do change how officers apply existing rules, especially on proof of family ties, fraud screening, and when to send cases to immigration court. For families already waiting months or years, these shifts can affect both timing and risk.
USCIS explains the general rules for family-based immigration on its official page for Green Card for Immediate Relatives of U.S. Citizens, but the day-to-day impact now depends heavily on how officers interpret the new guidance during each review.
How the Two-Step Process Works for Immediate Relatives
For immediate relatives of U.S. citizens—spouses, parents, and unmarried children under 21—USCIS still uses the same basic Two-Step Process:
- The U.S. citizen files Form
I-130, Petition for Alien Relative, to prove the qualifying family relationship.- Official form: Form I-130, Petition for Alien Relative
- Once USCIS approves the
I-130, the foreign national relative applies for permanent residence (a green card) in one of two ways:- Inside the United States 🇺🇸: by filing Form
I-485, Application to Register Permanent Residence or Adjust Status, known as adjustment of status. - Outside the United States: through consular processing at a U.S. embassy or consulate abroad.
- Inside the United States 🇺🇸: by filing Form
The new USCIS guidance mainly reshapes how officers handle the first step (I-130) and how they look at linked filings in the second step (I-485 or consular processing), especially where there are multiple petitions tied to the same family.
Initial Review of the I-130: Tougher Evidence Expectations
When USCIS receives an I-130 petition, officers first confirm that the petitioner is a U.S. citizen and that the claimed relationship fits one of the immediate relative categories. Under the August 1, 2025 guidance, this initial check now comes with stricter documentation standards.
Petitioners must submit strong primary evidence of the relationship, such as:
- Marriage certificates for spousal cases
- Birth certificates showing the parent–child link
- Any other civil records that clearly tie the family members together
If the documentation is thin, inconsistent, or raises any questions, officers are more likely than before to slow the case, ask for more proof, or move it into deeper review. USCIS has stated that the goal is to apply uniform rules across offices, but the result for families is that weak or incomplete files face greater risk.
Enhanced Fraud and Security Checks During USCIS Review
The August 2025 guidance also steps up fraud detection and national security vetting across family-based cases. This does not mean that most cases are fraudulent; rather, it means that even genuine families should plan for stricter checks.
During review, officers may:
- Run more detailed background screens on both petitioner and beneficiary
- Compare documents to other government records
- Look more closely at earlier filings, including prior visa applications
USCIS may now request extra documents that were not commonly asked for in past years. For example, in marriage cases, that could include:
- Joint bank or lease records
- Photos over time
- Evidence of shared life or shared address
These steps can slow the timeline but are now part of standard review for many pending files.
Requests for Evidence: Timelines and Practical Impact
If officers decide the record is incomplete or unclear, they may send a Request for Evidence (RFE). During this period, USCIS pauses processing until the response arrives.
Key points on RFEs from the current practice:
- You usually have 30 to 87 days to respond.
- Physical delivery of the RFE often takes 1 to 2 weeks.
- If you miss the deadline or send a weak response, USCIS can deny the case.
Because the new guidance pushes officers to rely more on the written record, RFEs now carry even more weight. A detailed, well-organized response that directly answers each item can help get the case back on track, while vague or partial responses can keep a file in limbo.
Interview Requirements Under the August 2025 Guidance
USCIS has always had the power to call applicants for interviews, but the August 2025 rules encourage broader use of in-person interviews where there are doubts about the relationship or the facts in the file.
Officers may require interviews to:
- Test whether a marriage is genuine and not just for immigration
- Clarify gaps or conflicts in documents
- Confirm personal histories that raise questions
Interviews are common for I-485 applicants in the United States, and under the new guidance, even some cases that once might have been waived could now be scheduled. Families should be ready to answer detailed questions and to bring updated evidence that supports the relationship and the history described in the forms.
Processing Times: Current Waits for Immediate Relatives
Processing times for immediate relatives remain lengthy, and the added review steps do not shorten the wait.
Current figures summarized:
| Case Type | Typical Processing Time |
|---|---|
I-130 for immediate relatives |
~14.8 months |
Consular route (I-130 + consular processing) |
~28.8 months (I-130 + ~14 months consular) |
| Concurrent filing (I-130 + I-485, inside U.S.) | 8–10 months (median ~8.2 months) |
These numbers highlight why many eligible applicants inside the United States choose concurrent filing. While officers still review each case closely, the ability to handle the petition and the green card request as one bundle often shortens the overall wait.
Travel and Work Limits While the Case Is Pending
While a family-based case is pending, immediate relatives face strict limits on travel and work unless they secure separate approvals.
For those in the United States with a pending I-485:
- Travel outside the country is usually blocked unless USCIS approves Form
I-131, Application for Travel Document (advance parole).- Official form: Form I-131, Application for Travel Document
- Work in the United States normally requires an Employment Authorization Document (EAD) based on Form
I-765, Application for Employment Authorization.- Official form: Form I-765, Application for Employment Authorization
If the I-131 or I-765 is delayed, the person may not be able to travel or work lawfully while waiting. These limits stay in place until USCIS approves the green card or, in consular cases, until the person enters the United States with an immigrant visa.
The Protection Gap: Approved I-130 Does Not Stop Deportation
One of the most important points in the August 2025 guidance is the reminder that an approved I-130 does not protect someone from removal. USCIS can still decide that a person is removable under immigration law and issue a Notice to Appear (NTA) in immigration court.
This means:
- A person can have a valid family relationship and an approved petition, yet still face deportation proceedings if they fall within any removal ground.
- Grounds for removal can include certain immigration status violations or other legal issues covered by statute.
The guidance also explains that when there are multiple petitions or linked cases for the same family, USCIS will review them together. That can promote consistency, but it also means problems in one case may affect how officers view others.
Key takeaway: An approved
I-130is important but not an automatic safeguard against removal proceedings. Maintain careful compliance with immigration law while petitions and applications are pending.
Strategic Choices for Families Under the New Rules
Because of the tighter review and longer waits, families now need to think more carefully about how they prepare and file.
Practical steps based on the current framework include:
- Front-load strong evidence with the initial
I-130so the relationship is clear from the start. - Keep copies of everything sent to USCIS to prepare for RFEs or interviews.
- If eligible and already in the United States, consider concurrent filing of
I-130andI-485to shorten the total process time compared with consular processing. - Track all deadlines on RFEs and interview notices and respond completely and on time.
The new USCIS guidance does not close the door on immediate relative immigration, but it does raise the standards for proof and keeps the risk of removal on the table even when petitions are approved. Families who plan carefully, submit strong documents with each step of the Two-Step Process, and stay alert to travel and work limits during the pending period are better positioned to move through this more demanding system.
On August 1, 2025, USCIS issued guidance tightening review of immediate-relative family immigration across the Two-Step Process. Officers now expect stronger primary evidence for I-130 petitions, conduct enhanced fraud and security checks, and increasingly require interviews. RFEs carry more consequence; typical processing times remain lengthy (I-130 ~14.8 months, consular ~28.8 months, concurrent I-485 ~8–10 months). Crucially, an approved I-130 does not bar removal proceedings. Families should front-load strong documentation, consider concurrent filing where eligible, and respond promptly to RFEs and interview notices.
