USCIS Implements New Guidelines for Marriage-Based Green Cards

The United States Citizenship and Immigration Services (USCIS) has introduced new guidelines aimed at tightening the scrutiny of family-based immigrant visa petitions, with a particular focus on marriage-based applications. This move is designed to identify and eliminate fraudulent claims, ensuring that only genuine relationships result in green card approvals. The updated guidance, which took effect on August 1, is detailed in the USCIS Policy Manual under the “Family Based Immigrants” section and applies to all pending and newly filed petitions.

Addressing Fraudulent Claims

USCIS has emphasized that fraudulent or non-meritorious family-based immigrant visa petitions undermine confidence in the system and threaten family unity in the United States. The agency is committed to safeguarding Americans by identifying individuals with potentially harmful intentions, facilitating their removal from the country if necessary.

Key Changes in the Vetting Process

The revised guidelines introduce several changes to the vetting and documentation processes for family-based petitions. These include enhanced eligibility checks, clearer documentation requirements such as joint financial records and affidavits from friends and family, and mandatory in-person interviews to assess the authenticity of relationships. Additionally, USCIS will review prior applications more closely, particularly those involving multiple petitions by the same sponsor or beneficiary.

Implications for Applicants

Applicants already residing in the US on other visas, such as H-1B, who seek status adjustment through marriage will face closer scrutiny of their immigration history. USCIS has clarified that approval of a family-based petition does not automatically shield beneficiaries from deportation. Notices to Appear (NTA) may be issued in removal proceedings if an applicant is found ineligible or removable despite an approved petition.

Case Study: Marriage Fraud Incident

The policy update follows several high-profile marriage fraud cases. One notable case involved Indian national Aakash Prakash Makwana, who pleaded guilty to entering a sham marriage after overstaying his J-1 visa. He used forged documents to falsely claim cohabitation and domestic abuse to secure a green card.