US Visa: New USCIS Rules Target Marriage-Based Green Cards

In a major move aimed at curbing fraudulent immigration practices, the U.S. Citizenship and Immigration Services (USCIS) has announced new guidelines to scrutinize family-based immigrant visa petitions—particularly those based on marriage.

Effective August 1, 2025, the revised policy introduces enhanced vetting procedures for both pending and newly filed applications. The changes have been officially published under the “Family-Based Immigrants” section of the USCIS Policy Manual.

“Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status,” the agency stated.

Key Changes in the USCIS Policy

The updated policy introduces a set of robust measures to detect and prevent fraud:

• Stricter eligibility checks for all family-based petitions, including deeper background reviews.
• Clearer documentation requirements: Couples must provide solid proof of a legitimate relationship—such as joint bank accounts, lease agreements, photographs, and affidavits from relatives or friends.
• Mandatory in-person interviews to assess the authenticity of the relationship.
• Scrutiny of previous filings: USCIS will closely examine cases where the same sponsor or beneficiary has filed multiple petitions.
• Thorough review of immigration history, especially for those already present in the U.S. on other visas (like H-1B or J-1).

Increased risk of deportation: Even if a petition is approved, applicants found to be ineligible on other grounds could face removal proceedings via a Notice to Appear (NTA).

Importantly, USCIS clarified that the approval of a family-based petition does not guarantee protection from deportation if other legal violations are discovered.

What It Means for Applicants

Under the new guidelines, U.S. citizens sponsoring foreign spouses—such as those from India—will need to submit comprehensive evidence of their relationship. This includes financial records, cohabitation proof, and testimonials. Interviews will be more detailed, probing whether the couple genuinely knows each other and shares a life.

Any red flags—like repeated sponsorships by the same person or inconsistencies in documents—may trigger deeper investigations and possibly deportation action.

Why the Policy Was Updated

The move comes in the wake of several high-profile marriage fraud cases. One such case involved Indian national Aakash Prakash Makwana, who pleaded guilty in May to entering into a sham marriage after overstaying his J-1 visa. He submitted fake documents and even fabricated domestic abuse claims to secure a green card.

USCIS says these changes are part of a broader effort to safeguard the integrity of the immigration system and restore trust in family-based visa pathways.

“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,” the agency said.