The U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance in its Policy Manual aimed at strengthening the integrity of family-based immigrant visa petitions. This update consolidates existing requirements, provides new clarifications, and reinforces USCIS’s commitment to national security and fraud prevention.
Why This Update Matters
The family-based immigration system has long been a cornerstone of U.S. immigration policy. However, USCIS has recognized that frivolous or fraudulent petitions can undermine both national trust and the very principle of family unity. This revised guidance serves to enhance USCIS’s ability to screen and vet family-based petitions more thoroughly—ensuring that only bona fide familial relationships benefit from the pathway to lawful permanent resident (LPR) status.
What’s New in the USCIS Guidance
This update, effective immediately, applies to all pending and newly filed family-based immigrant visa petitions and includes the following key clarifications:
1. General Eligibility and Documentation
USCIS reiterates that petitioners must meet clearly defined eligibility criteria and submit required supporting documentation. This includes evidence that proves the legitimacy of the claimed familial relationship, especially in cases of marriage-based petitions.
2. Adjudication of Related or Multiple Petitions
When a petitioner files multiple petitions—such as for different beneficiaries or multiple petitions for the same beneficiary—USCIS will apply consistent standards to determine eligibility and adjudicate accordingly.
3. Direct Filing Abroad – Exceptional Circumstances
Certain U.S. citizens, such as those in the military or serving overseas for the federal government, may file Form I-130 directly with a U.S. embassy or consulate. This exception also extends temporarily during large-scale disruptive events, as determined by USCIS.
4. Petition Routing to the National Visa Center
If USCIS determines that a beneficiary is not eligible to adjust status in the U.S., even after a Form I-485 has been filed, the approved petition may be routed to the Department of State’s National Visa Center (NVC) for consular processing.
5. Mandatory Interviews
The guidance outlines when USCIS will require interviews for family-based immigrant petitions, reinforcing its authority to investigate the legitimacy of relationships and prevent fraud.
6. Issuance of Notices to Appear (NTA)
USCIS may issue an NTA to initiate removal proceedings for a beneficiary who is otherwise removable under U.S. immigration law. It is important to note that the approval of a family-based petition does not confer lawful immigration status or immunity from removal.
Takeaway for Families and Petitioners
For individuals seeking to bring loved ones to the U.S. through family sponsorship, it is crucial to ensure that petitions are properly documented, genuine, and compliant with USCIS requirements. This policy update reflects the agency’s heightened scrutiny and national security priorities, making it even more essential to consult experienced immigration counsel.
Ahluwalia Law Offices remains committed to guiding families through complex immigration processes with diligence and care.
