The U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance in the USCIS Policy Manual to improve the screening and adjudication of family-based immigrant visa petitions. The new guidance outlines key eligibility criteria, filing procedures, interview requirements, and decision-making processes for such petitions.
USCIS emphasized that fraudulent or non-meritorious petitions weaken public trust in the family-based immigration system and threaten the principle of family unity. The updated policy aims to strengthen USCIS’s ability to assess the authenticity and legality of claimed family relationships and marriages, ensuring they meet all legal requirements.
As part of its broader effort to safeguard national security, USCIS is prioritizing thorough vetting to identify individuals who may pose a threat. Those found ineligible or presenting harmful intent may be referred for removal proceedings.
Key highlights of the updated guidance include:
- Integration of existing standards on eligibility, documentation, and filing for family-based petitions;
- Explanation of how related or multiple petitions are adjudicated;
- Clarification on when U.S. citizens can file Form I-130 abroad, particularly in cases involving military personnel or large-scale disruptive events;
- Guidance on routing approved petitions to the State Department’s National Visa Center, especially when an adjustment of status is denied;
- Clear criteria for when interviews are required;
- Clarification that an approved petition does not grant lawful status and that a Notice to Appear (NTA) may be issued if the beneficiary is removable.
This updated guidance takes effect immediately upon publication and applies to all pending and newly submitted petitions from that date forward.
