Green Card Holders Hit by New Rules Targeting Fraudulent Family Petitions

The United States Citizenship and Immigration Services (USCIS) has implemented new, stricter rules for family-based green card applications, effective immediately.

The revised guidance, formalised in Volume 6 of the USCIS Policy Manual, affects both pending and newly submitted family-based immigrant visa petitions. Agency officials say that the alterations are designed to safeguard the integrity of the family reunification pathway, a cornerstone of US immigration policy. Under the Immigration and Nationality Act (INA), green card holders, officially known as lawful permanent residents (LPRs), may sponsor specific family members, including spouses and children, through Form I-130 (Petition for Alien Relative). 

Historically, family-based immigration has constituted the majority of new LPR admissions, with immediate relatives accounting for approximately 40 percent annually. The updated guidance introduces a number of procedural refinements. Notably, the policy mandates more interviews to verify the authenticity of relationships, especially in marriage-based petitions. USCIS officers now have clearer guidelines for determining when interviews are necessary and for issuing a Notice to Appear (NTA) if a beneficiary is found to be removable.

This revised framework reflects a heightened enforcement approach, where the mere filing of a petition no longer protects an individual from deportation proceedings. The policy further delineates how USCIS will manage petitions involving multiple beneficiaries or those filed concurrently with related applications. It also outlines conditions under which the Department of State (DOS) may directly accept Form I-130, such as in cases involving US military personnel stationed abroad or during large-scale emergencies.

These provisions are intended to streamline processing while maintaining strict oversight. The revisions span several chapters of the Policy Manual, with expanded background and legal authority sections in Chapter 1, and Chapter 2 retitled to reflect general eligibility requirements. Chapter 3 clarifies when DOS may adjudicate petitions and introduces new subsections on blanket authorisations and multiple filings. 

Chapter 4, previously reserved, now details documentation and evidentiary standards. Chapter 5 elaborates on adjudication procedures, including approvals, denials, and interview protocols. The changes aim to balance family unity with national security and fraud prevention. 

In the current climate of heightened immigration enforcement, green card holders are advised to exercise diligence when preparing family-based petitions. Legal experts recommend thorough documentation, timely filings, and awareness of interview requirements to avoid complications.