Family reunification has long been a cornerstone of U.S. immigration policy, but recent changes have reshaped the terrain—making a family-based petition more complex, more uncertain, and, for many, more risky. In this piece we outline the substantive policy changes and identify who is most impacted by them, and what steps individuals navigating these processes can take to ensure they are not caught up in the maelstrom.

Under the justification of avoiding fraudulent, frivolous, or otherwise without merit applications, and to protect genuine family-based and marriage-based immigration (USCIS Policy Manual, Press Release, 2025), the new policy revises basic definitions and eligibility criteria, tightens existing procedures, increases scrutiny over applications, requires more interviews and additional evidence to document bona fide marriages, and expands USCIS authority over the immigration processes.

What exactly has changed

With the most recent changes entering into effect on August 1, 2025, there are several key things to know[1]:

• No guarantees of protection for applicants with approved I-130 petitions

The current changes emphasize the fact that the approval of a family-based immigrant visa petition (form I-130) does not confer legal status. Under the current expanded authority vested in USCIS, an individual with an approved I-130 but no underlying legal immigration status can be placed in removal proceedings. Although not new, this is noteworthy given that USCIS was generally treating an approved I-130 as a de facto protection in most cases. If not removal, individuals in these circumstances may be subject to additional interviews or asked for additional evidence by USCIS.

• Tougher standards for approval

Prior to these changes, if an application or petition was missing a required document or contained minor mistakes, the U.S. Citizenship and Immigration Services (USCIS) would issue either a Request for Evidence (RFE), or a Notice of Intent to Deny (NOID), allowing applicants to submit additional documents with an opportunity to fix the errors.

As of August 1, 2025, the USCIS has expanded authority to deny applications without requesting additional evidence, or warning that the application will be denied. 

Therefore, if a petition is incomplete or lacks clarity, it could be rejected outright. As per the Policy Manual guidelines, such action would mostly be taken when there is no legal basis for approval that could be established by additional information. However, such determination is at the discretion of the USCIS, and that discretion is almost certain to be used in new ways.[2]

• Deportation risk

While in the past, a pending family-based petition offered some protection from deportation, based on the current changes, if an application is denied, and the applicant is out of status, USCIS can issue a Notice to Appear (NTA), placing the applicant in removal proceedings. By the guidelines, this applies to applicants for which there are questions of inadmissibility or removability (for example, if the applicant were out of status at any point during the application, including after the approval of an I-130 petition, and before any adjustment of status).

• Increased scrutiny

Increased scrutiny will target primarily marriage-based immigration applicants, leading to tighter processes, more interviews, and stricter vetting of relationships, with a burden of proof on the applicants to provide extensive documentation to prove the legitimacy of their relationships. Additionally, any elements of inadmissibility or removability will be further scrutinized, increasing the risks for applicants that relied on the I-130 petition to adjust their immigration status. Previously common, interview waivers will likely not be granted.

• Expanded overseas filing options

Under certain conditions, US citizens living abroad can now file Form I-130 directly with the Department of State (DoS), streamlining the process for military families and diplomats. The new changes provide options for USCIS to grant blanket authorization to the DoS to approve petitions filed abroad, expanding both USCIS and DoS authority over the immigration processes. While the blanket authority is limited in regards to eligibility criteria for applicants abroad, the decision is at the discretion of the DoS, and DoS decisions cannot be appealed the same way that USCIS decisions can be.

Most affected population groups

While these changes must be understood, family-based immigration to the United States remains a valid pathway to pursue for many. The changes do not amount to a hard stop of family immigration processes, neither should they create a generalized fear, as many cases will continue to be processed with no issue.

However, certain profiles will be adversely impacted by these changes:

• Undocumented immigrants with pending petitions: Individuals who previously relied on a pending family-based petition as protection against deportation, will face increased removal risks. Furthermore, the shift towards issuing NTAs after denials heightens this population’s vulnerability.
• Applicants without legal representation (pro se applicants): Due to the increased scrutiny and tougher standards introduced by these changes, applications that are incomplete or incorrect are more likely to be denied without the chance to correct any mistakes or submit additional documentation. The risk for such applications is increased in the absence of legal guidance or legal representation.
• Spouses and children of US citizens: As the heightened scrutiny is aiming to address the risk of fraud in marriage-based immigration petitions, spouses and children of US citizens will face longer processing times, fewer options for interview waivers, and increased scrutiny under fraud-prevention measures.
• Applicants from higher-demand countries: With the processing times already extensive and thousands of cases in backlogs, the added scrutiny will further place pressure on applicants from oversubscribed countries.
• Military families stationed abroad: Despite the apparent simplification/expansion of the filing options for military families, the tightened scrutiny and the logistical hurdles introduced by these changes may create further complications for military families, with limited options to challenge DoS decisions.
  

So, what to do?

The August 1 policy changes must be understood in the context of the broader shift toward immigration deterrence, enforcement and scrutiny. While the US immigration system still rests on two main pathways: family reunification and employment sponsorship, the family-based path is seeing new roadblocks emerge making the journey more fraught than before. Knowing what the changes are, and where to find the appropriate guidance and support can provide some protection and prepare individuals to make informed decisions about the next steps that work for them and their families.

For non-US nationals navigating this process, GWL can help by providing accurate and timely information on current policy changes, screening individuals for any potential risks, preparing and filing petitions including identification of documents and evidence to be included, and providing legal and moral support throughout the process.

[1] For reference, see USCIS Policy Alert, 25-12, August 1, 2025; and USCIS Policy Manual, 2025. Volume 6: Immigrants, Part B, Family-Based Immigrants [6 USCIS-PM B] (Chapters 1-5).

[2] As per the policy guidelines, The USCIS has an obligation to explain in writing the reasons for denying the petition and inform applicants of possibilities of appeal.