USCIS recently updated its Policy Manual regarding marriage-based immigration petitions.
According to the new policy, if an immigrant is applying for lawful permanent residency through marriage (to a US citizen or a legal permanent resident) but does not have legal status, they may be issued a Notice to Appear (NTA) in immigration court. Notices to Appear are documents used to initiate deportation proceedings. Immigrants seeking lawful permanent residency through a U.S. citizen or legal permanent resident spouse may now face removal proceedings if they lack legal status, particularly upon approval or denial of their petition.
This policy change applies to any petitions filed (or pending) on and after August 1, 2025.
This update reflects the continued efforts of the current administration to pursue widespread immigration reform, one of President Trump’s core campaign promises. However, many are concerned about the adverse effects this new policy will have on immigrant families and communities.
If you have any questions about USCIS’ announcement, contact us and we would be happy to speak with you. You can find the USCIS policy manual at https://www.uscis.gov/policy-manual