WASHINGTON, D.C.- The U.S. Citizenship and Immigration Services (USCIS) has put out new policy recommendations to make it easier to review family-based immigrant visa applications, especially those submitted by married couples who want green cards. The new rule, which was put into force right away on August 1, 2020, applies to both new and current applications.
USCIS said in a news release on August 1 that “Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States.”
The New Policy Lists Important Clarifications and Steps
The new policy guideline makes existing procedures for checking the legality of different family-related immigration petitions clearer and stronger. It lists the conditions for qualifying, the documents that need to be submitted, and the steps that need to be taken during an interview.
One important thing that the policy makes clear is that getting a family-based petition approved does not automatically provide someone legal immigration status. USCIS made it clear that a Notice to Appear may be sent to start removal proceedings if a beneficiary is deemed to be “otherwise removable under US immigration law,” even if their petition has been approved.
The advice also explains how USCIS handles cases with more than one petition or petitions that are connected, as well as when petitions can be sent to other federal agencies. It says when an authorized petition will be sent to the National Visa Center of the Department of State. This is especially important for beneficiaries who were originally trying to change their status in the U.S. but were later found to be ineligible.
The update also talks about specific situations, like when U.S. citizens can file Form I-130, Petition for Alien Relative, directly with the Department of State. This includes people who are in the military or stationed abroad for government work.
Focus on vetting, screening, and keeping the country safe.
This strategy fits in with the Trump administration’s larger immigration plan, which puts security and fraud prevention first. Morgan Bailey, a partner at Mayer Brown and a former high-ranking official at the Department of Homeland Security (DHS), told Newsweek, “The Trump administration thinks that USCIS’s main job is to screen and vet people, not give out benefits.”
In its news release, USCIS highlighted this objective, saying, “This guidance will improve USCIS’ ability to check qualifying marriages and family relationships to make sure they are real, verifiable, and follow all applicable laws.” USCIS is putting a lot of effort into making sure that aliens are thoroughly screened and vetted to keep Americans safe from possible risks to national security. We are dedicated to protecting Americans by identifying aliens who may pose a threat so that they can be removed from the United States.
This policy change makes it clear that Indian nationals and other foreign residents in the U.S. who want to get green cards through marriage need to be very careful with their paperwork and relationships. It also shows that the administration is serious about greater enforcement of immigration laws and making national security the main goal of the immigration process.