The U.S. Citizenship and Immigration Services (USCIS), also known as the Immigration Bureau, announced on its official website on August 1 that it will be releasing policy guidance in the new version of the “USCIS Policy Manual” to more accurately screen and review family immigration visa applications.
This update will explain the requirements and review procedures for such applications, including eligibility criteria, application procedures, interviews, and decisions. The basic contents include:
1. Incorporating general eligibility criteria, application, and document requirements related to family immigration applications into the new guidance.
2. Explaining how to process family immigration applications submitted together with related applications or multiple applications.
3. Clarifying when the U.S. Department of State accepts the I-130 form filed directly by U.S. citizens abroad for immediate relatives, including applications filed by U.S. military personnel and certain U.S. government personnel stationed or assigned overseas, as well as temporary authorizations for large-scale catastrophic events.
4. Incorporating existing guidance into the new guidance and explaining when a route can be approved, when applications can be submitted to the DOS National Visa Center, and providing explanations for objective reasons for beneficiaries to request status adjustments in cases where the immigration authorities believe the beneficiary does not meet adjustment status eligibility.
5. Clarifying when interviews are required for family immigration visa applications.
6. Given that family immigration visa applications do not equate to granting immigrant status or prevent deportation, the guidance will clarify when beneficiaries receive Notice to Appear if they can be deported under other circumstances.
The USCIS stated that non-controversial family immigration applications involving fraud, frivolousness, and the like weaken people’s confidence in the legitimate path to U.S. permanent residency based on family ties and disrupt Americans’ family reunification.
The agency further mentioned that this guidance aims to “ensure that these marital and family relationships are genuine, verifiable, and compliant with all applicable laws,” conducting robust screening and reviews “to protect Americans from potential national security threats,” detect “foreign nationals with potential harmful intentions” to safeguard Americans’ security.