A recent change in immigration policy could have serious consequences for immigrants applying for a green card in the United States. The U.S. Citizenship and Immigration Services (USCIS) has announced it may now place certain green card applicants into removal (deportation) proceedings under specific circumstances.
What Changed?
In the past, immigrants applying for a green card, such as through a U.S. citizen spouse or family member, generally had the chance to correct mistakes if their application was incomplete or if questions arose. USCIS would usually send a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), giving applicants an opportunity to respond.
Under the new guidance, USCIS may:
- Deny applications outright without first giving applicants a chance to provide missing information.
- Issue a Notice to Appear (NTA), which begins the process of placing someone into immigration court for removal proceedings.
- Scrutinize applications more closely, with increased emphasis on documentation and interviews.
Who Could Be Affected?
- Immigrants applying for a green card through family-based petitions such as through a spouse, parent, or child.
- Applicants who are out of legal status or who lose status during the green card process.
- Anyone whose application is missing required documentation or is deemed insufficient by USCIS.
It’s important to understand that filing an I-130 petition (family-based petition) or even having it approved does not automatically protect someone from deportation.
Why This Matters
This policy puts many immigrants in a vulnerable position. If your application is denied, you could be placed in immigration court even if you are married to a U.S. citizen and eligible for a marriage green card.
Mistakes on forms, missing paperwork, or misunderstandings can now carry far greater consequences than before.
What You Can Do
If you are planning to apply this is a critical time to make sure everything is done correctly and completely. Having professional guidance can help reduce risks, ensure your documents are prepared thoroughly, and protect your rights if USCIS takes action against you.
How We Can Help
Our immigration law team understands how stressful these changes are for families. We provide:
- Careful review of applications before filing.
- Guidance on the documents and evidence USCIS expects.
- Legal representation if you receive an NTA or face removal proceedings if we are representing you and have filed your application for you.
Your future in the U.S. is too important to leave to chance. If you are concerned about how this new USCIS policy may affect you or your loved ones, we encourage you to contact our office for a confidential consultation by calling (213) 375-4084.