The U.S. Citizenship and Immigration Services (USCIS) announced on August 1st that they have updated their policy manual, establishing stricter review standards for family immigration (Form I-130), with a focus on enhancing the scrutiny of the genuineness of marriage and family relationships. Even if a petition is approved, applicants may still face removal proceedings if there are grounds for deportation.
This new policy took effect immediately and applies to all pending and new family immigration applications. The U.S. immigration agency emphasized that the purpose of this revision is to combat abuse of the family immigration pathway through fraudulent or invalid petitions, in order to maintain the integrity of the family immigration system and ensure societal security.
The USCIS stated that they will enhance their review capabilities by conducting more rigorous identity verification and data cross-checks for all family relationships to prevent sham marriages or falsely claimed relations. They will also legally combat application behaviors involving providing falsified documents, intentionally concealing identity or relationships, and may initiate criminal investigations when necessary.
The guidelines specify that interviews will be conducted for cases where there are multiple petitions for the same beneficiary or if there are doubts about the background of the application. Even cases that were previously exempt from interviews may now be subject to mandatory interviews in the future.
It is emphasized by the USCIS that approval of the I-130 family petition does not automatically confer immigration status upon the beneficiary. If there are issues discovered such as illegal entry or overstaying, the immigration agency may issue a Notice to Appear (NTA) and initiate deportation proceedings in immigration court.
Furthermore, only U.S. citizens working abroad (such as military personnel or diplomats) or facing major disasters may directly file petitions at overseas consulates (DCF, Direct Consular Filing). Other applicants must follow the regular procedure of submitting the application form to USCIS offices within the United States.
The U.S. immigration agency stated in their declaration, “The family immigration system should not be used as a tool to circumvent immigration laws. We will continue to ensure through policy adjustments that each petition is based on genuine family relationships, in accordance with national security and societal order.”