USCIS Family-Based Immigration Guidance (Effective August 1, 2025)
About the Update
On August 1, 2025, USCIS published new guidance in Volume 6, Part B of its Policy Manual. The rules kick in immediately and apply to both pending cases and new filings of family-based immigrant petitions (Form I-130) as of that date. Primary News Source+9USCIS+9Watson Immigration Law+9
What’s Included:
USCIS restates the basics of who can sponsor a relative, what forms are required, and how much evidence (proof of relationship, status, etc.) must be included. USCISWatson Immigration Law
Handling Multiple or Related Petitions
Guidance now explains how USCIS handles cases when someone files more than one petition for the same person, or petitions involving related family members. Watson Immigration Law
Petition Routing (USCIS vs. NVC)
After approval, USCIS determines whether the petition should go to:
- USCIS for adjustment of status inside the U.S.
- The National Visa Center (NVC) if the applicant will consular process abroad USCIS may also reroute the petition if eligibility issues are identified. U.S. Department of Homeland Security
When Interviews Are Required
The update specifies clearer standards for when USCIS will require an interview, depending on age, relationship, and case circumstances. AILA+1The Financial Express+1
Notice to Appear (NTA) for Removal
Importantly, USCIS reminds readers that Form I-130 does not grant any legal status. If the beneficiary is found removable, they may receive a Notice to Appear (NTA), even after a petition is approved. USCIS+1AILA+1
Why It Matters to Families
- Immediate impact: Applies now, not in the future—so anyone with a pending or upcoming petition should review the updated rules.
- Enhanced fraud protection USCIS aims to prevent sham marriages or other fake relationships by requiring stronger proof and stricter vetting.
- Clearer processes: More transparency about interviews, filing routes, and what happens post-approval helps reduce confusion and delays.
- No guarantee of status: Petition approval doesn’t equate to legal permission to stay—beneficiaries may still face removal risk if other issues surface.
Quick Overview
| Topic | What’s New or Clarified |
|---|---|
| Effective Date | August 1, 2025 (applies to pending & new cases) |
| Forms Covered | Form I-130 (and related filings) |
| Main Focus Areas | Eligibility, documentation, interviews, adjudication |
| Multiple Petitions | Rules for duplicates or related filings |
| Direct DOS Filing | Allowed in specified circumstances |
| Post-Approval Handling | Routes to USCIS vs. NVC and eligibility checks |
| Interview Rules | When and why USCIS may interview applicants |
| NTA Risk | Possible even after an approved petition |