As an attorney who handles family immigration cases, I feel compelled to share critical information about a recent policy change that could deeply impact immigrants pursuing green cards through family sponsorship, especially marriage.
On Monday, U.S. Citizenship and Immigration Services (USCIS) issued new guidance that allows federal immigration authorities to initiate removal proceedings against immigrants who lack legal status but apply for lawful permanent residency through a spouse or other family members. This policy took effect immediately and applies both to applications currently pending and those filed on or after August 1, 2025.
What This Means for Immigrants and Their Families
The USCIS policy manual now explicitly states that a family-based petition does not grant any immigration status nor provide protection from removal. This is a significant shift from previous practice, where filing for adjustment of status through marriage generally did not expose applicants to deportation risk unless other issues were present.
To put it plainly: even if you have a spouse or family member petitioning for you, you may still be vulnerable to removal proceedings during the green card process.
Why This Is a Major Concern
Marriage-based petitions have long been one of the most important ways for immigrants to gain lawful permanent residency in the United States. According to recent data, nearly 520,000 I-130 petitions, the first step in family-based green card applications, were filed in the first half of 2025 alone, with more than 2.4 million petitions pending as of June.
Previously, applicants generally rarely expected to be placed in immigration court during this process unless there were serious legal violations. Now, USCIS appears empowered to start removal proceedings at any point, regardless of how long the application has been pending. Given processing times can vary widely, sometimes spanning years, this policy could create fear and uncertainty among countless immigrant families.
The Government’s Stated Reasoning
USCIS says the new policy aims to “ensure integrity” in the immigration system by enhancing screening and vetting procedures to combat fraud and threats to national security and public safety. They emphasize that petitions must be genuine and comply with all laws to maintain confidence in family-based immigration pathways.
However, immigration experts warn that this approach risks penalizing many immigrants who are lawfully pursuing residency and have no fraudulent intent.
Wider Consequences
This policy doesn’t only affect those who entered the U.S. without authorization. It also impacts people whose legal visas expire while their green card applications are pending, Dreamers, and immigrants who have lost status due to the Trump administration’s rollback of temporary legal protections reinstated under the Biden administration.
What Immigrants Should Know
If you or someone you know is applying for a green card through a spouse or family member, it is vital to understand that:
- Filing a family-based petition no longer guarantees protection from deportation.
- Removal proceedings can be initiated at any time during the application process.
- The policy is already in effect for all pending and new applications as of August 1, 2025.
- Consulting with an experienced immigration attorney is crucial to navigate these changes safely.
Conclusion
While it remains unclear how aggressively USCIS will enforce this new policy, its potential consequences are profound. It could deter eligible immigrants from adjusting their status, unnecessarily placing families in fear and jeopardy.
I urge those affected to stay informed and seek legal guidance promptly. Protecting your rights and understanding your options has never been more important.
