U.S. Citizenship and Immigration Services (USCIS) has issued new policy guidance that significantly raises the stakes for anyone applying for a green card through a family member. Effective August 1, 2025, the guidance gives immigration officers more discretion to deny applications without warning and increases the risk that some applicants could be placed in deportation proceedings.
The changes apply to all family-based immigrant visa petitions, including those filed by U.S. citizens and green card holders on behalf of a spouse, child, parent, or sibling.
While many of the updates reflect existing practice, two major changes stand out:
- USCIS Can Deny Petitions Without an RFE or NOID
Previously, if an application was missing a required document or had minor issues, USCIS typically issued one of the following:
- RFE (Request for Evidence): A notice that lets the applicant fix the issue by submitting additional documents.
- NOID (Notice of Intent to Deny): A formal warning that the case may be denied, with a final chance to respond.
Now, USCIS officers can skip both steps and deny a petition immediately if required documents are missing or if there’s no clear legal basis for approval.
This means that:
- There may be no warning before your application is denied.
- If denied, you may need to start over and pay all fees again.
- Mistakes that used to be fixable could now have permanent consequences.
- USCIS May Issue NTAs to Some Denied Applicants
A Notice to Appear (NTA) is the first step in deportation proceedings. Under the new guidance, if an applicant is in the U.S. without legal status and their petition is denied, USCIS may now place them in removal proceedings.
This risk is especially high for:
- Applicants who are undocumented but trying to legalize their status through a U.S. citizen family member
- People planning to apply for a waiver (Form I-601) and complete consular processing outside the U.S.
If you’ve already filed or are planning to file a family-based petition, now is the time to:
- Carefully review all required forms and documents
- Double-check supporting evidence (e.g. marriage proof, birth certificates)
- Understand what’s at stake, especially if you’re currently out of status
