USCIS Tightens Rules on Marriage-Based Green Cards

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The U.S. Citizenship and Immigration Services (USCIS) has announced new policy guidelines, effective August 1, aimed at strengthening the integrity of the family-based immigration system—particularly in cases involving marriage-based green card petitions.

Published in the USCIS Policy Manual under the “Family-Based Immigrants” section, the updated guidance introduces enhanced measures to detect and deter fraudulent applications. USCIS emphasized that the policy will apply to both pending and newly filed petitions.

“Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status,” the agency stated.

Key Policy Changes:
Enhanced Review Procedures: Increased scrutiny of all family-based petitions, with an emphasis on verifying relationship authenticity.

Stricter Documentation Requirements: Petitioners must now submit substantial evidence of a bona fide marriage, such as joint financial records, cohabitation documents, photographs, and sworn affidavits.

Mandatory In-Person Interviews: Interviews will focus more intensely on verifying the legitimacy of the relationship.

Review of Immigration History: USCIS will examine prior petitions and visa histories, especially for repeat sponsors or beneficiaries with complex immigration backgrounds.

Deportation Risk Despite Approval: Approval of a petition does not shield applicants from removal proceedings if they are otherwise found to be ineligible for lawful status.

These measures follow a series of high-profile marriage fraud cases, including the recent conviction of Indian national Aakash Prakash Makwana, who admitted to entering a sham marriage to obtain permanent residency after overstaying a J-1 visa.

USCIS maintains that the updated policy is part of a broader initiative to ensure that only genuine, verifiable family relationships qualify for immigration benefits, reinforcing public trust in the immigration system while safeguarding national interests.


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