New USCIS Policy Guide for Immediate Relatives of U.S. Citizens: Changed Removal Procedure Guidelines - What Has Changed?
New USCIS Policy Guide for Immediate Relatives of U.S. Citizens: Changed Removal Procedure Guidelines - What Has Changed?
If you are a spouse, unmarried child under 21, or parent of a U.S. citizen, you may have recently encountered news reports stating that you could "face deportation when applying for a green card."
While these reports contain some facts, the actual situation is more complex. This change does not represent new legislation eliminating green card eligibility for immediate relatives, but rather a shift in how U.S. Citizenship and Immigration Services (USCIS) handles certain cases.
What Has Changed
February 28, 2025: USCIS issued a policy memo expanding the scope of Notice to Appear (NTA) issuance. An NTA is the document that initiates removal proceedings in Immigration Court.
August 1, 2025: The USCIS Policy Manual was updated to clearly establish the following:
Filing a family-based petition (I-130) or adjustment of status application (I-485) does not automatically confer lawful immigration status.
Even for immediate relative cases, if an applicant is removable and the application is denied, USCIS may issue an NTA.
What Has NOT Changed
Legal eligibility remains intact. Under immigration law, immediate relatives of U.S. citizens can still adjust status despite visa overstays or unauthorized employment.
Many cases are still processed solely within USCIS and do not go to Immigration Court.
NTAs are not automatically issued for all denials - USCIS discretion still applies.
Legal Exemption Protections Guaranteed by Law
U.S. immigration law generally prohibits adjustment of status (becoming a permanent resident) through Form I-485 for individuals with visa overstays or unauthorized employment. However, under §245(c)(2), immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are exempted:
Even if you overstayed your visa, adjustment of status remains possible.
Even with unauthorized employment history without an EAD, green card eligibility is not revoked.
This means that despite past violations of stay or employment, if there are no other disqualifying factors such as illegal entry, crimes, fraud, or misrepresentation, you are legally entitled to receive a green card.
This exemption provision has not been changed by this policy update.
What Has Changed Despite These Protections
The issue is not eligibility but enforcement. Starting August 1, 2025, USCIS changed its operational guidelines as follows:
Previously:
Simple overstay and unauthorized employment cases for immediate relatives were not enforcement priorities.
If applications had no disqualifying factors, USCIS would process them internally with approval or requests for additional evidence (RFE/NOID).
Even if denied, most cases could simply be refiled with USCIS.
Now:
If required initial documentation is missing at filing, or
If application requirements are clearly not met, USCIS may deny immediately without RFE or NOID.
Upon denial, USCIS may simultaneously issue a Notice to Appear (NTA) referring the case to Immigration Court removal proceedings.
These guidelines apply to currently pending applications as well.
Circumstances That Could Trigger Removal Proceedings
Even in cases with only visa overstays and unauthorized employment, USCIS may issue an NTA in the following situations:
Application Issues: Missing required initial evidence, incomplete or incorrectly completed forms, failure to respond to USCIS requests within deadlines, use of outdated form versions
Eligibility Deficiency Issues: Public charge grounds, misrepresentation on visa/immigration applications, criminal records, medical inadmissibility findings
Documentation Issues: Insufficient proof of family relationship, inadequate birth certificates causing identity verification problems
Inconsistencies in Past Immigration Applications: Without proper clarification, these could be determined as immigration fraud
Interview Issues: Inconsistent statements during USCIS interviews, inability to demonstrate genuine family relationship, failure to attend interviews
In essence, while eligibility itself remains protected, procedural risks have increased significantly.
Recommendations for Safe Processing
Submit complete and accurate documentation from the outset
Consult with an attorney before resolving even minor questions
Report address changes to USCIS immediately
Respond completely and within deadlines to all USCIS requests
Conclusion
Immediate relatives of U.S. citizens with visa overstays or unauthorized employment still legally qualify for green cards. However, due to this change in USCIS enforcement guidelines, even small procedural mistakes now carry increased risk of leading to removal proceedings. While this does not mean automatic deportation, it does mean that a more careful and thorough approach is needed from the application preparation stage.
Some recent news reports may cause anxiety due to sensationalized or summarized content. It is important to accurately understand the actual situation and your legal rights, and to seek professional advice when necessary.
This article provides general information about immigration law and policy changes. Each case is unique, and individuals should consult with qualified immigration attorneys for case-specific guidance.
Judy Chang Law Firm, National Immigration Law Firm
Copyright© Judy J. Chang, Esq. All rights reserved. 8/15/2025
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
http://www.judychanglaw.com / contact@judychanglaw.com