The U.S. Citizenship and Immigration Services (USCIS) has introduced new policy guidance to enhance the agency’s ability to thoroughly screen and evaluate family-based immigrant visa petitions.
Furthermore, this update, published in the USCIS Policy Manual, aims to reinforce the integrity of the family-based immigration process by outlining clear requirements related to eligibility, filing, interviews, and decision-making.
The updated guidance is designed to ensure that marriages and family relationships used to support petitions are legitimate, verifiable, and compliant with U.S. immigration law.
Key Highlights of the Family-Based Immigrant Visa Update:
- Eligibility & Documentation Requirements:
The guidance integrates existing protocols related to general eligibility criteria and the necessary documents for filing family-based immigrant petitions. - Handling of Related or Multiple Petitions:
It clarifies how USCIS adjudicates petitions that are filed in conjunction with others or involve multiple family members. - Overseas Filings for Certain U.S. Citizens:
It explains when the U.S. Department of State (DOS) may accept Form I-130 filed abroad, including cases involving U.S. military personnel, government employees stationed overseas, and temporary provisions during major international disruptions. - Routing of Approved Petitions to the National Visa Center:
The update details when USCIS sends approved petitions to the DOS National Visa Center, especially in situations where an applicant becomes ineligible for adjustment of status. - Interview Requirements:
The guidance provides clarity on when USCIS may require in-person interviews as part of the petition adjudication process. - Issuing a Notice to Appear (NTA):
USCIS reiterates that approval of a family-based immigrant petition does not guarantee lawful status or protection from deportation. In cases where the beneficiary is otherwise removable, a Notice to Appear may still be issued.
This new policy update is effective immediately upon publication and will apply to both pending and newly submitted family-based immigrant petitions.