Immigrants Seeking Green Cards May Be Placed In Removal Proceedings, Uscis Says

Immigrants seeking greenish cards done matrimony could beryllium susceptible to deportation, according to a caller Trump management policy.

Federal migration authorities whitethorn statesman removal proceedings for immigrants who deficiency ineligible position and use to go residents done a spouse, according to caller guidance issued by nan U.S. Citizenship and Immigration Services (USCIS) connected Monday. The policy, which went into effect immediately, besides applies to immigrants who activity lawful imperishable residency done different family members.

Immigrants and nan spouse aliases family who sponsor them “should beryllium alert that a family-based petition accords nary migration position nor does it barroom removal,” the USCIS’ argumentation manual said. USCIS said successful a connection to NBC News that nan alteration applies some to pending requests and those revenge connected aliases aft Aug. 1.

The argumentation broadly targets a awesome pathway for immoderate immigrants seeking greenish cards, migration argumentation and ineligible experts told NBC News.

“This is 1 of nan astir important avenues that group person to set to lawful imperishable position successful nan United States,” Elora Mukherjee, head of nan Immigrants’ Rights Clinic astatine Columbia Law School, said.

The caller argumentation is very wide and seems to empower USCIS to statesman removal proceedings for a green-card applicant “at immoderate constituent successful nan process,” she said, adding that hold times for a greenish paper tin alteration greatly depending connected aggregate factors, including wherever nan exertion was revenge and nan type of familial narration nan migrant has successful its application.

Nearly 520,000 I-130 petitions, nan first measurement successful nan process to get nan U.S. residency done spouse aliases family, were revenge by family members connected behalf of immigrants successful nan first six months of 2025, according to an NBC News study of USCIS data.

As of June, location were much than 2.4 cardinal pending I-130 petitions, according to USCIS data. Of those, much than 1.9 cardinal person been pending for much than six months, besides per USCIS data. It is not clear really galore of those seeking greenish cards see immigrants who deficiency lawful position aliases mislaid their position during nan process.

Mukherjee said that antecedently “no 1 expected to beryllium put into migration court” during this process, unless location was a superior rumor for illustration violating criminal law, adding that nan alteration could “instill fearfulness successful migrant families, moreover those who are doing everything right.”

USCIS said successful its connection that nan caller argumentation “is dedicated to ensuring integrity successful nan U.S. migration strategy done enhanced screening and vetting to deter, detect, and disrupt migration fraud and threats to our nationalist information and nationalist safety.”

The agency said successful its connection that nan argumentation manual updates “increased use integrity and introduced screening and vetting opportunities by providing guidance connected adjudication and determination issues, including erstwhile USCIS requires an in-person interview.”

“Fraudulent, frivolous, aliases different non-meritorious family-based migrant visa petitions erode assurance successful family-based pathways to lawful imperishable resident (LPR) position and undermine nan migration strategy successful nan United States. USCIS must guarantee that qualifying marriages and family relationships are genuine, verifiable, and compliant pinch each applicable laws,” the agency said successful an alert announcing nan caller argumentation and guidance connected Monday.

Julia Gelatt, subordinate head of nan U.S. Immigration Policy Program astatine nan Migration Policy Institute, said nan argumentation alteration was successful statement pinch nan administration’s wide deportation agenda.

“We’re seeing nan Trump management nonstop a connection successful each measurement that it tin to unauthorized immigrants that they should see giving up their lives successful nan U.S. and returning to their location countries,” she said.

The argumentation will not only impact immigrants who entered nan state illegally and are now seeking green-card position arsenic a intends to remain, she said. In addition, group whose ineligible visas expire while they hold for a determination connected greenish cards, Dreamers and hundreds of thousands of immigrants whose ineligible position is successful jeopardy aft nan Trump management moved to cancel impermanent ineligible pathways nether nan Biden management could besides beryllium affected.

“There are a batch of group who are losing status, and this is taking distant 1 of nan avenues that they mightiness person had to beryllium capable to enactment successful nan U.S.,” Gelatt said.

Mukherjee said that, while it remains to beryllium seen really aggressively nan Trump management will usage this policy, if it were to beryllium applied aggressively it will beryllium “a oversea alteration successful migration enforcement and it will dissuade group who should beryllium eligible to set to lawful imperishable position from doing so.”