U.S. Immigration Alert: Removal Proceedings and the New Family‑Based Visa Landscape
- Mati Lio
- 7 days ago
- 4 min read
Updated: 5 days ago
Expanded Removal Proceedings for Green Card Applicants
On February 28, 2025, USCIS issued a new Policy Memorandum (PM‑602‑0187) that significantly broadens when the agency must issue a Notice to Appear (NTA)—which formally initiates deportation proceedings. Under the new rules, if an immigration benefit (such as a green card application) is denied and the individual is unlawfully present, USCIS can now issue an NTA. This includes applicants denied for fraud, misrepresentation, criminal issues, or lapse of status. Categories previously exempt—like family members dependent on other applications—are now included.
Implication: Being in the U.S. with a pending application is no longer a safety cushion. Denial may directly lead to removal proceedings—even without prior warnings or opportunities to correct mistakes.
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Family‑Based (Marriage) Green Cards: No Immunity from Enforcement
Effective August 1, 2025, USCIS introduced sweeping changes to its Family‑Based Immigration Policy Manual (Volume 6, Part B). These updates increase documentation requirements, expand interview mandates, and explicitly clarify that approval of a family‑based petition does not equate to legal status or protection from removal proceedings.
This means applicants could face deportation even if their petition is approved, especially if they become deemed removable or lose eligibility along the way.
What This Means for Family‑Sponsored Immigrants
Here’s how the landscape has changed for sponsors and beneficiaries:
Higher Evidence Thresholds
USCIS now consolidates all requirements—like proof of relationship, shared finances, photos, affidavits—into a unified guidance. Every application is subject to stricter review for authenticity.
More Interviews, Even in Simple Cases
Officers have clear authority to request in‑person interviews—even for straightforward relationships—to guard against fraud.
Approval Does Not Equate Safety from Deportation
Even after approval of an I‑130 or adjustment application, if USCIS later finds the beneficiary removable, they can immediately issue an NTA. Family‑based petitions do not shield applicants from enforcement.
Extended Reach to Pending Cases
These rules apply to both new and pending petitions, meaning ongoing cases will also face intensified scrutiny and enforcement.
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Family Unity vs. Enforcement: Balancing Tensions
These policy shifts reflect a hardened focus on immigration security and fraud prevention—but at considerable cost:
Real families may face added burdens—more documents, longer waits, and heightened stress during interviews.
The risk of removal, even with approved petitions, poses a threat to family unity and stability.
However, there are legislative efforts, such as the American Families United Act, aiming to preserve family integrity by allowing immigration judges to waive removal in hardship situations. It’s still pending in Congress.
What Applicants Should Know and Do Now
If you're sponsoring a family member—or applying yourself—consider the following steps:
1. Submit thorough, honest documentation.
Go beyond minimal proof: include joint leases, photos, communications, affidavits—anything that demonstrates a real relationship.
2. Prepare for interviews.
Be ready to respond in person and clearly explain every detail about your relationship or your immigration journey.
3. Maintain eligibility throughout.
Avoid gaps in status—like expired visas—while your application is pending.
4. Seek legal counsel early.
Especially if your situation involves criminal history, status issues, or complex filings.
5. Stay informed & vigilant.
Track your priority dates, the Visa Bulletin, and USCIS or NVC correspondence carefully.
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Bottom Line
No—it’s not fake news: USCIS has indeed expanded its tools to initiate removal proceedings against green card applicants—including family‑based applicants—at earlier stages and with greater frequency. Family‑based petitions no longer equate to safe harbor from deportation. Remaining compliant, fully documented, and proactive is now more critical than ever.
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Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. Immigration policies and laws are complex and subject to change. Individual cases vary, and outcomes depend on many factors. For personalized advice tailored to your situation, please consult a qualified immigration attorney or official government resources such as the U.S. Citizenship and Immigration Services (USCIS) website.
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