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USCIS tightens scrutiny of family-based immigration

The tightened regulations pay special attention to marriage-based family visas with a rising number of marriage fraud cases coming to light

Representative image / Pexels

The U.S. Citizenship and Immigration Services (USCIS), in its latest policy update, has tightened family-based immigrant visa petitions.

Notified on Aug 1 in the updated USCIS Policy Manual, the order seeks to boost USCIS' capability to "screen and vet family-based immigrant visa petitions." The USCIS Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies.

The tightened regulations now demand that sponsoring of foreign spouses will attract stricter scrutiny and require strong evidence of a real relationship, including joint financial records, photos and other documentation.

The regulations come in the backdrop of a rising number of marriage fraud cases coming to light.

On May 28, Aakash Prakash Makwana, a 29-year-old Indian national pleaded guilty to a marriage fraud scheme aimed at fraudulently obtaining the Green Card.

In another incident, Indian woman, Samanpreet Kaur, appealed to ICE to deport her alleged husband claiming that he went to the USA as a fake asylee and is now planning to marry for a Green Card.

ALSO READ: Indian woman appeals to ICE for husband's deportation from USA

In a statement, USCIS highlighted the need for such a change and said, "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."

It added, "This guidance will improve USCIS’ capacity to vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with all applicable laws."

ALSO READ: Green Card holders must carry proof at all times: CBP

It also added that the new update would help keep America safe by detecting and deporting aliens with potentially harmful intent.

Key changes to family-based visa petition process include:

  • Clearer Rules: USCIS has added existing rules on who qualifies for family-based visas and what documents are needed.
  • Multiple Petitions Explained: The agency has clarified how it handles cases when more than one petition is filed for the same person or related people.
  • Filing Abroad: U.S. citizens can still file I-130 petitions directly from abroad in specific cases — like if they are military personnel or government workers stationed overseas, or during major emergencies.
  • Case Transfers: USCIS now details when it will send an approved petition to the State Department’s National Visa Center, especially if the person applying can’t adjust their status inside the U.S.
  • Interview Requirements: The update explains when family-based applicants must attend an interview.
  • Removability Notice: USCIS reminds applicants that having a visa petition doesn’t mean you’re protected from deportation; if someone is removable, they may still get a Notice to Appear.

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