that could make family-based green card applications more difficult — and riskier.
The update gives USCIS officers greater authority to deny applications outright
and increases the chances that some applicants could be placed into deportation proceedings.
This change impacts all family-based immigrant visa petitions,
including those filed by U.S. citizens and green card holders for their:
- Spouses
- Children
- Parents
- Siblings
“This update makes clear that USCIS is raising the bar on documentation and using enforcement tools more aggressively,”
said Deanna Benjamin, an independent immigration attorney with Boundless.
“Families applying on their own, especially those already in the U.S. without status, are most at risk.”
Two Major Changes in Family Visa Processing
1. USCIS Can Deny Without RFE or NOID
Until now, USCIS generally gave applicants a chance to fix mistakes or provide missing evidence before denying a case.
Officers typically issued:
- RFE (Request for Evidence): A notice giving time to submit additional documents.
- NOID (Notice of Intent to Deny): A warning that the case may be denied, with one last chance to respond.
What’s new?
- Officers can now skip both steps and deny immediately if documents are missing or the application lacks a clear legal basis.
- Applicants may get no warning before denial.
- If denied, families often must start over, repay all filing fees, and risk losing more time.
- Mistakes that used to be fixable could now carry permanent consequences.
“We’re hearing about more pro se applicants being denied and then issued Notices to Appear in immigration court,”
Benjamin noted. “That’s a major change from how these cases were handled in the past.”
2. USCIS May Issue NTAs After Denial
A Notice to Appear (NTA) is the document that begins formal deportation proceedings.
Under the new guidance:
- If a family petition is denied and the applicant is in the U.S. without lawful status, USCIS may now place that person in removal proceedings.
Who is most at risk?
- Undocumented applicants applying through U.S. citizen relatives.
- People planning to file a waiver (Form I-601) and then complete their case abroad through consular processing.
This represents a major escalation:
a denied petition could now lead directly to immigration court.
Why USCIS Made These Changes
According to the agency, the new rules are meant to:
- Protect the integrity of the immigration system
- Deter fraudulent or frivolous applications
- Ensure that family petitions are well-documented and verifiable
Family immigration remains the largest pathway to permanent residency,
accounting for roughly 40% of new green cards each year.
USCIS says these stricter rules will help confirm that claimed family ties — especially marriages — are genuine.
What This Means for Families
The most important takeaway:
honest mistakes can now have life-altering consequences.
- Missing a document could mean immediate denial.
- Denial while out of status could trigger deportation proceedings.
- Families may no longer have the chance to fix errors after filing.
“People can’t afford mistakes anymore,” Benjamin stressed.
“Your petition needs to be complete, accurate, and well-documented from the very start.
There might not be a second chance.”
What Families Should Do Now
If you’re planning to apply for a family-based green card — or have already filed — you should:
- Review all forms and supporting evidence carefully (marriage proof, birth certificates, financial records).
- Seek legal guidance if you’re unsure about eligibility or documentation.
- Understand the risks if you’re currently in the U.S. without lawful status.
- Avoid DIY mistakes — the cost of denial may be higher than the cost of professional help.
Bottom Line
The new USCIS policy raises the stakes for family immigration.
For many families, the margin for error has disappeared.
With stricter rules and the possibility of deportation following denial,
careful preparation is now more critical than ever.
