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USCIS Tightens Scrutiny on Marriage-Based Green Cards – What Couples Must Know

Major Change to Marriage Green Card Process by USCIS – Out-of-Status Spouses May Now Be Placed In Removal Proceedings While Awaiting Decision on their Marriage Petition

August 2025

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. This change has left many couples wondering how safe their immigration process really is.

First, here is where you can find the updated USCIS Policy Manual change:  https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5

We have summarized these policy changes for our followers below, and have some information to add:

Key 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 to place you in removal proceedings if they believe you are ineligible for adjustment of status.  See https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-5  – 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
    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 whose applications may contain simple mistakes or incomplete documentation.

Why This Matters

For many immigrant spouses, these changes mean the stakes have never been higher. A single oversight—missing proof of bona fide marriage, incomplete forms, or inconsistent testimony—could now lead not only to a denial but also to being placed in removal proceedings. Those without lawful status at the time of filing are at particular risk.

How to Protect Yourself

  • 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.
  • 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

This new policy is a wake-up call for couples navigating the marriage-based green card process. It is no longer enough to simply have a valid marriage—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.

If you or your spouse are planning to file for a marriage-based green card—or if you have already filed and are concerned about your case—contact Shepelsky Law Group today for a confidential consultation. The earlier you get expert guidance, the better your chances of success in this new, high-stakes environment. You can reach us by phone at (718)769-6352 or book your consultation directly at: https://shepelskylaw.cliogrow.com/book  We are here to make your US Citizenship dream a reality!