USCIS New Policy Green Card: What Immigrants Need to Know
On August 1st, the U.S. Citizenship and Immigration Services (USCIS) introduced a USCIS new policy green card that could have serious implications for immigrants applying for permanent residency through family-based petitions. Under this update, USCIS now has the authority to place applicants in removal proceedings even while their green card applications are pending. Previously, applicants who lacked legal status were generally protected from deportation during the processing of family-based green card applications, except in cases involving serious criminal offenses. With the USCIS new policy green card, this protection is significantly reduced, creating a more uncertain environment for those seeking lawful permanent resident status.
According to the updated USCIS Policy Manual, immigration officials may issue a Notice to Appear (NTA) in immigration court if an applicant is deemed removable. This means that the mere act of applying for a green card does not guarantee immunity from deportation. Petitioners and beneficiaries should note that a family-based petition does not confer legal status or prevent removal. The USCIS new policy green card applies to all petitions filed on or after August 1st, as well as pending applications, potentially affecting thousands of applicants who may have previously assumed they were safe while their cases were processed.
For immigrants who entered the U.S. without legal status, overstayed a visa, or lost their legal status during the green card process, the USCIS new policy green card represents a new layer of risk. Experts emphasize the importance of maintaining underlying legal status throughout the green card process, as USCIS now has expanded discretion to initiate removal proceedings. This marks a significant shift from prior practices under previous administrations, which prioritized processing green card applications without placing applicants in removal proceedings.
USCIS has defended these changes, stating that the USCIS new policy green card aims to prevent fraud, frivolous petitions, and non-meritorious applications. The agency argues that enforcing stricter scrutiny ensures that qualifying marriages and family relationships are genuine and compliant with U.S. immigration laws. Nevertheless, critics view this policy as part of a broader effort to intimidate immigrants and encourage self-deportation. By granting USCIS greater enforcement authority, the USCIS new policy green card effectively blurs the line between an administrative agency and an immigration enforcement entity, placing more applicants at risk.
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Immigrants pursuing family-based green cards must act cautiously under this new policy. Seeking legal counsel is strongly advised to understand rights and obligations fully, and to navigate the risks introduced by the USCIS new policy green card. As USCIS continues to cooperate closely with DHS and ICE, applicants should remain vigilant, informed, and proactive in protecting their path to lawful permanent residency. The USCIS new policy green card underscores the changing landscape of U.S. immigration, making it more crucial than ever for applicants to be prepared and legally represented.