Article Summary

USCIS has released updated policy guidance for evaluating family-based immigrant visa petitions, particularly those used by married couples seeking green cards. Effective immediately, the policy aims to strengthen the agency's ability to assess the validity of family relationships and ensure compliance with immigration laws. It clarifies eligibility criteria, documentation, interview procedures, and outlines conditions under which petitions may lead to removal proceedings or be routed to other government agencies.

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For skilled professionals and their employers, this update signifies increased scrutiny on family-based green card applications, a common pathway for H-1B holders and their spouses. It means applicants must ensure their petitions are meticulously prepared and supported by robust evidence to avoid delays or potential removal proceedings, underscoring the high stakes involved in securing permanent residency.

This guidance reinforces a trend towards more stringent vetting that gained momentum during the Trump administration, prioritizing national security and fraud detection over a 'benefits granting' approach. While framed as a clarification, it signals a continued cautious approach by USCIS in evaluating family relationships, potentially leading to increased requests for evidence (RFEs) and longer processing times for some applicants.