On August 1, 2025, U.S. Citizenship and Immigration Services (USCIS) released an important update to its Policy Manual for family-based immigration petitions.While the update does not change the law itself, it centralizes guidance, clarifies procedures, and makes certain enforcement policies much more prominent—including a direct warning about when USCIS can initiate removal proceedings against I-130 beneficiaries.

Key Changes in the August 1, 2025 Policy Manual Update

• Stricter Marriage Review – Officers are instructed to request more detailed evidence for marriage-based petitions and scrutinize relationship timelines more closely to detect fraud.

• Clearer Interview Triggers – USCIS now lists specific circumstances that require an in-person interview (e.g., suspected fraud, missing documentation, conflicting records), potentially increasing interview notices.

• Multiple Petition Rules – Clearer instructions for handling situations where more than one I-130 petition is filed for the same beneficiary, addressing prior inconsistencies.

• Direct Filing Overseas – Now generally limited to emergencies or when the U.S. citizen petitioner is serving in the military or certain government positions.

• Case Routing Clarified – Explains exactly when approved petitions are sent to the National Visa Center versus a USCIS field office for adjustment of status, making the process more predictable.

• Appeal Deadlines – USCIS has clarified that applicants have:

• 30 days to appeal a petition denial.

• 15 days to appeal a revocation of an approved petition.

The New NTA Warning: A Major Shift

Perhaps the most consequential change is USCIS’s clear statement:

“If USCIS determines the alien beneficiary is removable and amenable to removal from the United States, USCIS may issue a Notice to Appear (NTA) placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”

This is not limited to new cases—it applies to:

• All family-based cases submitted on or after August 1, 2025.

• All pending family-based cases filed before August 1, 2025, that have not yet been decided.

Who Is Most at Risk

This shift will likely impact standalone I-130 filings where the beneficiary is in the U.S., particularly:

• People who entered the U.S. without inspection (EWI)

• Those who entered legally but have since overstayed or violated their visa status

• Beneficiaries who already have a removal or deportation order but have not departed — this is the highest-risk group, as they may face immediate arrest by ICE, even during their I-130 interview.

• Beneficiaries with criminal records that could make them removable, even if the conviction was many years ago.

However, if your I-485 adjustment of status application is filed concurrently with your I-130, it will most likely be adjudicated before USCIS considers placing you in removal proceedings.That said, USCIS has not explicitly excluded this group from the possibility of receiving an NTA, so the risk is still present — especially for applicants with immigration violations, inadmissibility issues, prior removal orders, or criminal history.

What to Do Now if You’re Applying for a Family-Based Green Card in the U.S.

If you’re considering or are already in the family-based green card process, now is the time to act carefully and with professional guidance. The rules may not have changed in statute, but the way USCIS enforces them has—dramatically.

1. Be Thorough and Proactive

Before filing, review your complete immigration and criminal history with an experienced attorney. Identify potential risks — such as prior overstays, unlawful presence, fraud/misrepresentation, visa violations, or arrests (even minor ones). File a complete, well-documented petition to avoid delays and reduce unnecessary scrutiny. Prepare for your interview by understanding your rights, including when to assert legal privileges like the Fifth Amendment, attorney-client, or marital communication privileges.

2. Plan Carefully for Complicated Cases

If you have potential inadmissibility issues, discuss with your attorney whether a waiver is needed. In many cases, filing the waiver at the same time as your petition may help avoid being placed in removal proceedings. This is often safer than the “file first, see what happens” approach, which can lead to lengthy and contentious court proceedings.

3. Have Legal Representation at the Interview

Unless your case is extremely straightforward — meaning a bona fide qualifying family relationship and the beneficiary is in valid nonimmigrant status — bring a lawyer to your USCIS interview. This is especially important if you have any past immigration violations or criminal history. An attorney can ensure all prior entries, overstays, and legal matters are addressed accurately and that you respond appropriately to USCIS questions.

4. Choose an Attorney Skilled in Both USCIS Filings and Removal Defense

With USCIS now issuing NTAs more freely, cases that previously carried little risk of being referred to immigration court may now end up there. In today’s climate, this makes it essential to work with an Immigration attorney who understands not only how to win cases before USCIS, but also how to navigate the very different procedures of immigration court. For example, both adjustment of status applications and waivers of inadmissibility can be pursued either with USCIS or before an immigration judge — but the procedures, evidentiary requirements, presentation style, and strategies for success can differ significantly between the two venues. An approach that might work well in an agency interview could be ineffective or even counterproductive in a courtroom setting, and vice versa.

At the Law Offices of Sabrina Li, P.C., we handle the full spectrum of immigration matters, including family-based petitions, employment visas, humanitarian relief, waivers, as well as naturalization and citizenship. We also have extensive experience in removal defense — from bond hearings, various relief applications, to appeals and motions to reopen. Because we understand the rules, procedures, and persuasion techniques unique to both USCIS and immigration court, we plan each case with both possibilities in mind. This ensures our clients are not only positioned for success with their initial application but also fully prepared with a strong defense strategy if their case is referred to court.

Closing Thoughts

This new USCIS NTA policy, combined with the Trump administration’s broader push for stricter immigration enforcement, is a clear signal that the rules have changed. While the path to lawful status remains open, it now requires sharper strategy, meticulous preparation, and the ability to pivot if your case shifts from USCIS to immigration court.

At the Law Offices of Sabrina Li, P.C., we prepare every case with both the agency process and potential court proceedings in mind, ensuring you are protected at every stage. If you are planning to apply for a green card, have an I-130 pending, or are concerned about your immigration history, we encourage you to contact us today at 213-375-8096 or email info@sabrinali.law to discuss your options and build the strongest strategy for your future.