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USCIS Overhauls Family-Based Visa Rules and Expands Removal Authority

The update prioritizes national security by elevating screening standards for family-based petitions.

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Santa Clara, CA, USA - Apr 30, 2022: Exterior view of the United States Citizenship and Immigration Services (USCIS) San Jose Field Office in Santa Clara, California.
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A person holds an American flag as they participate in a ceremony to become an American citizen during a U.S. Citizenship & Immigration Services naturalization ceremony at the Miami Field Office on August 17, 2018 in Miami, Florida.

Overview

  • The policy, effective August 1, applies immediately to both pending and newly filed I-130 petitions across a backlog of over 2.4 million cases.
  • Approval of a family-based petition no longer confers legal status, and officers may now issue Notices to Appear if beneficiaries are deemed removable under immigration law.
  • USCIS has mandated deeper documentation of relationship evidence and in-person interviews, with new protocols to detect fraudulent or frivolous petitions.
  • Guidance clarifies when approved petitions are forwarded to the State Department’s National Visa Center and allows U.S. citizens abroad to file I-130 forms directly with the Department of State.
  • Thousands of applicants, notably Indian family-sponsored cases, face longer processing times and heightened uncertainty under the security-first vetting approach.