USCIS Issues New Guidance on Family-Based Immigration

U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance in its Policy Manual aimed at strengthening the agency’s ability to review and assess family-based immigrant visa petitions. The revised guidance outlines the standards for eligibility, the filing process, interview protocols, and adjudication procedures.

Petitions that are fraudulent, frivolous, or lack sufficient merit compromise public trust in the family-based immigration system and weaken the principle of family unity in the United States. The new guidance enhances USCIS’s capacity to assess the legitimacy of marriages and family relationships, ensuring they are authentic, well-documented, and in full compliance with legal requirements. The agency continues to prioritize rigorous vetting processes to safeguard national security and identify individuals who may pose a threat, facilitating their removal when necessary.

The policy update provides greater clarity on several key areas for family-based immigration, including:

• Integration of existing guidance on general eligibility standards and necessary documentation for filing family-based immigrant petitions;

• Procedures for adjudicating petitions submitted alongside related or multiple filings;

• Conditions under which USCIS may authorize the U.S. Department of State (DOS) to accept Form I-130, Petition for Alien Relative, directly from a U.S. citizen abroad — particularly for immediate relatives, U.S. military personnel, or certain government officials stationed outside the U.S., including temporary authorizations for emergency or large-scale events;

• Guidance on forwarding approved petitions to the DOS National Visa Center, particularly when a beneficiary has filed for adjustment of status but is later determined to be ineligible;

• Clarification on when USCIS will require interviews for family-based petitions;

• Confirmation that USCIS may issue a Notice to Appear (NTA) for removal proceedings if the beneficiary is otherwise removable, as approval of a family-based petition does not in itself confer legal status or protection from removal.

  
  

This updated guidance is effective immediately and applies to all pending and future petitions filed on or after the publication date.