United States | USCIS tightens screening for family-based immigration

U.S. Citizenship and Immigration Services announced it has issued updated guidance to enhance the vetting of family-based immigrant visa petitions.

Key Points:

• The update prioritizes verifying the authenticity of marriages and family relationships to ensure they meet legal standards.
• The guidance consolidates existing policies on eligibility, documentation and adjudication of family-based petitions explaining how USCIS handles cases involving multiple or related petitions and outlines when interviews are required.
• The guidance also details when approved petitions are routed to the State Department’s National Visa Center, especially if the beneficiary is found ineligible for adjustment of status.
• USCIS clarifies when U.S. citizens, including military and government personnel stationed overseas, may file Form I-130 abroad for immediate relatives.
• The update also affirms that approval of a family-based petition does not confer immigration status or protection from removal. USCIS may issue a Notice to Appear if the beneficiary is otherwise removable.
• The guidance applies to all relevant petitions filed on or after Aug. 1, 2025, and supersedes prior instructions.

Additional Information: The updated USCIS Policy Manual can be found here.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.