USCIS Issues Guidance Regarding Family-Based Immigration Policy

U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual that will enhance our capability to screen and vet family-based immigrant visa petitions. This update explains requirements and adjudication of these petitions, including eligibility criteria, filing, interviews, and decisions.

Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States. This guidance will improve USCIS’ capacity to vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with all applicable laws. USCIS is prioritizing robust alien screening and vetting that protects Americans from potential national security threats. We are committed to keeping Americans safe by detecting aliens with potentially harmful intent so they can be processed for removal from the United States.

This update clarifies certain requirements for family-based immigrants by:

• Incorporating existing guidance on general eligibility criteria and filing and documentation requirements for family-based immigrant petitions;
• Explaining how we adjudicate family-based immigrant petitions that are filed with related petitions or multiple petitions;
• Explaining circumstances in which we authorize the U.S. Department of State (DOS) to accept Form I-130, Petition for Alien Relative, filed directly abroad by a U.S. citizen for an immediate relative, including petitions filed by U.S. military and certain U.S. government personnel stationed or assigned outside the United States, and temporary authorizations for large-scale disruptive events;
• Incorporating existing guidance explaining when we will route an approved petition to the DOS National Visa Center, including circumstances where the beneficiary filed an application to adjust status but USCIS becomes aware of the beneficiary’s ineligibility to adjust;
• Clarifying when we require interviews for family-based immigrant visa petitions; and
• Clarifying that we may issue a Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal.

This guidance will be effective upon publication and applies to pending requests and those filed on or after the publication date.