U.S. Citizenship and Immigration Services (USCIS) has made a significant change to its policy manual that could put many immigrants seeking legal status through family ties at greater risk of deportation. The update, reported by NBC News, closes off a pathway for some immigrants applying for green cards through a spouse or other family members, raising fears of family separation.
The new guidance states that a family-based petition does not grant immigration status or prevent removal from the United States. In other words, even if an immigrant has a pending green card application based on a marriage or family relationship, immigration authorities may still begin removal proceedings.
In an August 1 memo, USCIS said the change was aimed at preventing fraudulent or frivolous family-based petitions that undermine public trust in the system. “USCIS must ensure that qualifying marriages and family relationships are genuine, verifiable, and compliant with all applicable laws,” the agency stated.
Critics, however, say the policy goes far beyond stopping fraud. Dylan Corbett, executive director of the Hope Border Institute, argued that the administration claims to focus only on criminals but is instead targeting people trying to follow legal processes. He pointed to cases where Immigration and Customs Enforcement (ICE) officers have arrested individuals attending immigration hearings and instances where people lost their status after parole or Temporary Protected Status (TPS) was revoked.
Why is this change causing so much concern? Supporters of immigrant rights warn that it could deter people from pursuing legal residency for fear of being detained or deported. Corbett described the approach as “an indiscriminate mass deportation campaign” and urged the government to strengthen — not weaken — lawful pathways for migrants.
On social media, USCIS defended the move as a way to consolidate and clarify requirements for family-based immigration while increasing the integrity and security of the system. But opponents say the change risks breaking up families and punishing those who are already trying to comply with the law.
For thousands of immigrants, family-based petitions have long been a vital step toward lawful permanent residency. This policy shift could mean that attending an immigration appointment or hearing now carries the risk of arrest and deportation — a reality that many fear will drive people further into the shadows.
The debate over the change shows a broader question: Should U.S. immigration policy focus on stricter enforcement or on expanding legitimate routes for those who want to live and work in the country legally? For immigrant advocates, the answer is clear — families should be kept together, and the legal path to residency should remain accessible and safe.