USCIS Issues Major Policy Update on Family-Based Immigrant Visa Petitions

New Guidance Clarifies Eligibility, Evidence, Interview Requirements, and Potential Removal Consequences

On August 1, 2025, U.S. Citizenship and Immigration Services (USCIS) released a significant update to its Policy Manual, offering consolidated and clarified guidance on the adjudication of family-based immigrant visa petitions. This update affects all Form I-130 petitions pending or filed on or after the publication date and is now the controlling authority for officers reviewing these cases.

As family-based immigration continues to serve as a cornerstone of the U.S. immigration system, USCIS emphasized the need to safeguard the integrity of these petitions by rooting out fraud and ensuring consistent decision-making across all cases.

Here are the key takeaways from this policy alert and corresponding updates to the USCIS Policy Manual:

1. Clarified Eligibility and Relationship Requirements

The updated guidance explains in greater detail who may file Form I-130 and for whom. U.S. citizens, nationals, and lawful permanent residents (LPRs) can petition for certain relatives based on qualifying family relationships. These include:

• Immediate relatives (e.g., spouse, child under 21, parent of a U.S. citizen age 21+)

• Preference relatives (e.g., adult children, siblings of U.S. citizens, and spouses or children of LPRs)

Importantly, the relationship must exist at the time of filing and continue through adjudication.

USCIS also elaborated on how material life events—such as marriage, divorce, aging out, or naturalization of the petitioner—can automatically change or revoke the classification.

2. Updated Filing Rules and Use of the Department of State (DOS)

USCIS reaffirmed that, in general, family-based petitions must be filed with USCIS. However, it clarified when a U.S. citizen may file a Form I-130 directly with the Department of State—particularly in cases of:

• U.S. military service members stationed abroad

• U.S. government employees assigned abroad

• Emergencies such as medical crises or imminent threats to personal safety

• Temporary blanket authorizations for natural disasters or civil unrest

DOS may only accept and adjudicate Form I-130 in limited, clearly approvable cases and must notify USCIS when doing so.

3. New Interview Guidance

USCIS reinforced its discretionary authority to interview petitioners and beneficiaries, but now mandates interviews in specific scenarios, particularly involving marriage-based petitions. Examples include:

• Evidence or testimony indicating the marriage may not be bona fide

• Spouses where one or both parties were minors at the time of marriage

• Spouses where the petitioner previously filed spousal petitions

• Marriages entered into during removal proceedings

Interviews may be required to resolve discrepancies, verify relationships, or address concerns about fraud or credibility.

4. Emphasis on Evidence and Standard of Proof

The petitioner bears the burden of proving the bona fides of the qualifying relationship by a “preponderance of the evidence.” While primary evidence (such as marriage or birth certificates) is preferred, secondary evidence or affidavits may be considered if primary documents are unavailable.

USCIS retains discretion to issue a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or to deny a petition outright if initial evidence is clearly insufficient.

5. Clarification on Petition Approval and Routing

Petitioners must accurately indicate whether the beneficiary intends to pursue adjustment of status within the U.S. or consular processing abroad. This determination will affect whether USCIS retains the petition or forwards it to the National Visa Center (NVC).

6. Denials and Revocations

USCIS may deny a petition if the petitioner fails to demonstrate status or the required family relationship. In cases involving changes in the beneficiary’s circumstances (such as a child marrying or aging out), the petition may be denied or automatically revoked.

Additionally, USCIS clarified its authority to revoke previously approved petitions “upon notice” for good and sufficient cause or when automatic revocation is triggered (e.g., by the death of a petitioner or beneficiary, or divorce).

7. Notice to Appear (NTA) and Removal Proceedings

A critical point emphasized in this guidance is that the approval or pending status of a family-based petition does not confer lawful status or protection from removal. If USCIS determines that the beneficiary is removable, it may issue a Notice to Appear (NTA), placing the individual in removal proceedings.

8. Appeals and Motions

If USCIS denies or revokes a petition, the petitioner generally has the right to file an appeal with the Board of Immigration Appeals (BIA) or a motion to reopen or reconsider with USCIS. Petitioners must follow strict deadlines and use the correct forms.

Final Thoughts

This updated guidance signals USCIS’s intention to enhance consistency, transparency, and integrity in the family-based petition process. It also serves as a reminder that even “straightforward” I-130 cases can become complex—especially when life changes, prior immigration history, or potential grounds of removability are involved.

If you have questions about how these changes affect your case—or if you're planning to file a Form I-130 petition—consulting with an experienced immigration attorney can help ensure your petition is properly documented and strategically filed.

Need Help with a Family-Based Petition?

At Powers Immigration Law, we help families navigate every step of the I-130 process—whether you’re petitioning for a spouse, parent, child, or sibling. Contact us to schedule a consultation and protect your immigration journey.

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the laws and procedures can be complex and subject to change. Reading this blog does not create an attorney-client relationship. If you are facing an immigration issue, you should consult with a qualified immigration attorney to receive personalized legal guidance based on your specific circumstances.