The United States Citizenship and Immigration Services (USCIS) has released new guidelines aimed at strengthening the screening and vetting of family-based immigrant visa applications. The update applies immediately to all pending and new petitions, including those filed by Green Card holders and US citizens sponsoring foreign spouses or relatives.
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Key changes include stricter eligibility checks and review processes for all family-based petitions such as (i) Clear documentation requirements: Couples must provide strong evidence of a genuine marriage, such as shared finances, photos, and affidavits from family and friends; (ii) Mandatory in-person interviews to evaluate the authenticity of the relationship; (iii) Review of prior petitions, especially if the same sponsor or beneficiary has filed multiple applications; (iv) Closer examination of immigration history, particularly for those already in the U.S. on other visas (e.g., H-1B).
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Can you be deported even after petition is approved? According to USCIS, approval of a family-based petition does not automatically protect the beneficiary from deportation. Even if a petition is approved, USCIS may issue a Notice to Appear (NTA) for removal proceedings if the applicant is otherwise ineligible.
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If you’re planning to apply for a green card through marriage: (i) Gather strong evidence of your relationship; (ii) Avoid submitting inconsistent or incomplete documents; (iii) Prepare thoroughly for the in-person interview; (iv) If you’ve previously filed a petition or overstayed a visa, consider seeking legal counsel. If USCIS finds anything suspicious, it can trigger deeper investigation or even deportation proceedings.
The crackdown follows a string of marriage fraud cases. The recent being one involving Indian national Aakash Prakash Makwana. In May, Makwana pleaded guilty of entering a fake marriage after overstaying his J-1 visa. He submitted false documents to claim cohabitation and even fabricated domestic abuse allegations to secure permanent residency. According to USCIS, the updated policy is part of a broader effort to restore faith in the family-based immigration system while protecting US interests.
