Green Card Waitlist Applicants at Risk of Deportation Under New USCIS Rule
Immigrants currently on the green card waitlist—especially those applying through family-based routes like marriage—are now at greater risk of deportation. In a recent update, the US Citizenship and Immigration Services (USCIS) announced a stricter policy that gives immigration authorities the power to begin removal proceedings at any point in the green card process.
This means that anyone on the green card waitlist without current legal status could be issued a Notice to Appear (NTA) before an immigration judge—without any warning or opportunity to fix simple mistakes. The new rule applies to all cases pending or filed on or after August 1, and is effective immediately.
Unlike before, when applicants could respond to errors or submit missing evidence, the new policy allows USCIS to skip these steps and directly refer applicants for possible deportation. Being on the green card waitlist no longer provides a cushion against removal.
USCIS has made it clear: “A family-based petition does not grant legal status, nor does it prevent removal.” As a result, applicants must now submit stronger evidence such as joint financial records, photos, and affidavits to prove genuine relationships. In-person interviews and more intense scrutiny of past immigration records are also expected.
Green Card Waitlist Impact: Key Data
| Category | Details |
|---|---|
| Annual Family-Based Green Card Applications | 650,000 – 810,000 |
| Major Nationalities Affected | India, China, Mexico, Philippines |
| India’s Share (FY 2024) | ~29,725 green cards issued |
| Policy Effective Date | August 1, 2025 |
| Applies To | Pending and new applications |
| Risk Level | High for undocumented applicants on green card waitlist |
What Immigrants Should Know
If you’re on the green card waitlist, it’s more important than ever to ensure your documents are complete and your relationship evidence is solid. The updated policy gives immigration officials broad power to deny applications and begin deportation proceedings without notice. Even small mistakes or missing forms could now lead to removal from the U.S.
Experts stress the importance of legal representation and thorough preparation for all green