Marriage to a U.S. citizen or permanent resident has long been one of the most common and trusted paths to obtaining a green card. But a recent policy change by U.S. Citizenship and Immigration Services (USCIS) marks one of the toughest shifts in family-based immigration in years. Starting August 1, 2025, applicants, especially those without current lawful status, face increased risk of denial, removal proceedings, and fewer chances to fix errors. Immigration attorneys are comparing the current USCIS approach to green card marriage cases to the Trump immigration policy era, citing increased denials and removals.
These stricter guidelines reflect the kind of green card marriage scrutiny seen under Trump-era immigration policy, leaving many couples wondering how safe their immigration process really is. The new green card marriage rules echo the stricter enforcement seen under Trump immigration policy, raising concerns for many immigrant families.
First, here is where you can find the updated USCIS Policy Manual change. 🔗
We have summarized these policy changes for our followers below, and have some information to add:
Key USCIS Marriage-Based Green Card Policy Changes
❌ No More “Safe Harbor” After I-130 Marriage Petition Approval or US Citizen Filing for a Parent or Child Under 21
In the past, approval of a family-based I-130 petition often provided some protection against deportation. Under the new rules, even if your marriage petition is approved, USCIS can still refer you to Immigration Court. Immigration Court would place you in removal proceedings if they believe you are ineligible for adjustment of status.
🔗 See Chap 5. Section C – part 3 (Removable Aliens)
⚠️ Denials Without Second Chances; Request for Evidence is No Longer Required
USCIS can now deny marriage-based petitions outright without first sending a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). This means even minor errors or missing documents can result in an immediate denial—with no opportunity to correct them.
🔍 Focus on Combating Marriage Fraud in Green Card Applications
USCIS says the goal is to crack down on fraudulent marriages and protect the integrity of the immigration system. While the intention is to stop abuse, these changes will also affect genuine couples. It ce soirn affect those whose applications may contain simple mistakes or incomplete documentation.
These green card marriage changes signal a return to the tougher stance typical of Trump-era immigration policy. This holds especially true for out-of-status applicants.
Why the New Marriage Green Card Policy Matters
For many immigrant spouses, these changes mean the stakes have never been higher. A single oversight could now lead not only to a denial but also to being placed in removal proceedings. This might include missing proof of bona fide marriage, incomplete forms, or inconsistent testimony. Those without lawful status at the time of filing are at particular risk.
How to Protect Yourself During the Green Card Marriage Process
- Work with an experienced immigration attorney from the very start.
- Prepare thorough evidence of your marriage’s authenticity: photos, joint financial records, affidavits, and more.
- Double-check all forms for accuracy before submission. Check out our article on this topic. Mistakes People Make When Filing for a Marriage or VAWA Green Card in the USA
- Ensure your address is included correctly in your USCIS forms to ensure you receive all their correspondence.
- Respond promptly to any USCIS correspondence.
Final Thoughts on the USCIS Marriage Green Card Policy Shift
This new policy is a wake-up call for couples navigating the marriage-based green card process. It is no longer enough to have a valid marriage simply. You must present a flawless, well-documented, and strategically prepared case. At Shepelsky Law Group, we have helped countless couples avoid costly mistakes and navigate even the toughest immigration climate.
Do you or your spouse plan to file for a marriage-based green card? Have you already filed and hold concerns about your case? Contact us! Shepelsky Law Group will hold a confidential consultation to talk through your situation. The earlier you get expert guidance, the better your chances of success in this new, high-stakes environment.
📞 Call us at (718) 769-6352
📅 Book your consultation: https://shepelskylaw.cliogrow.com/book
We are here to make your U.S. citizenship dream a reality!