USCIS Issues New Guidance on Family-Based Immigration

Key Point 

• On August 1, 2025, USCIS released updated policy guidance aimed at strengthening the integrity of family-based immigrant visa petitions 

Family-Based Immigration Guidance  

On August 1, 2025, U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance aimed at strengthening the integrity of family-based immigrant visa petitions. The changes, now incorporated into the USCIS Policy Manual, are effective immediately and apply to both pending and newly filed petitions. 

Key Updates in the New Guidance 

USCIS’s revised policy outlines stricter procedures for evaluating family-based petitions, including: 

• Eligibility and Documentation Requirements: This rule consolidates existing rules for Form I-130 petitions and clarifies what evidence is required to establish qualifying family relationships. 
• Multiple or Related Petitions: Explains how USCIS adjudicates cases involving more than one petition or related filings, with increased scrutiny for inconsistencies. 
• Direct Filing Abroad: This section details when U.S. citizens, especially military personnel or government employees stationed overseas, may file Form I-130 directly with the Department of State. 
• Routing to National Visa Center (NVC): Clarifies when approved petitions are forwarded to NVC, particularly if the beneficiary is found ineligible for adjustment of status. 
• Interview Requirements: Specifies when USCIS will mandate in-person interviews to verify the authenticity of family ties. 
• Removal Proceedings: Emphasizes that approval of a petition does not confer legal status. USCIS may issue a Notice to Appear (NTA) if the beneficiary is otherwise removable. 

Enforcement and Integrity Focus 

USCIS stated that fraudulent or frivolous petitions undermine confidence in the family-based immigration system and threaten national security.  

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