Green Card Through Marriage: USCIS Now Allows Deportation of Applicants

Photo: NBC News

As of August 1, 2025, the U.S. Citizenship and Immigration Services (USCIS) updated its guidelines on family-based immigration. Screening of marriage-based visa applicants has been tightened. Applicants suspected of fraud may now face deportation, even if they are in the middle of the immigration process. The same applies to individuals unlawfully residing in the United States.

USCIS officials stated that the new rules aim to reinforce trust in the family immigration system and curb fraud. Sham marriages and unjustified applications have become widespread, undermining the principles of family reunification and posing national security risks.

The guidance emphasizes that filing a family-based petition (Form I-130) does not automatically grant lawful status or protect an applicant from removal. USCIS reserves the right to issue a Notice to Appear (NTA) if grounds for deportation exist.

NBC News reports that these changes apply to petitions already filed as of August 1 and all new ones going forward. The update specifically targets a widely used pathway to lawful permanent residence. According to Elora Mukherjee, Director of the Immigrant Rights Clinic at Columbia Law School, this stage is one of the most crucial steps for many immigrant families.

Under the new rules, deportation proceedings can begin at any stage of the green card process. Wait times can vary significantly depending on location and type of familial relationship. USCIS reports nearly 520,000 I-130 petitions were submitted in the first half of 2025. As of June, over 2.4 million cases are pending, more than 1.9 million of which have been under review for over six months.

Previously, deportation cases were mostly initiated in criminal cases or for serious violations. Now, even a standard family reunification attempt could trigger removal. Mukherjee warns that the new approach could intimidate law-abiding immigrant families.

Julia Gelatt of the Migration Policy Institute noted that the change aligns with the Trump administration’s broad deportation strategy. Authorities are signaling that unauthorized immigrants should leave the U.S. voluntarily. However, she also warns that the change could affect individuals whose visas expire during the green card wait, and those who lost protected status under Biden-era policies.

Experts say that aggressive enforcement of marriage-based visa policies could drastically alter immigration control, making it harder for eligible immigrants to secure legal status. The updates took effect immediately upon publication. USCIS emphasizes that the policy’s goal is not to reduce marriage visa numbers but to verify their legitimacy.

Earlier, the U.S. introduced a Visa Integrity Fee, increasing overall visa costs. Effective October 1, 2025, the $250 fee applies to most nonimmigrant visa applicants. Combined with the MRV fee, this raises the base visa cost to $435, not including other charges.

The Integrity Fee was passed under law H.R.1 and will be adjusted annually. Exemptions include travelers from Visa Waiver Program countries, diplomatic visa holders, and most citizens of Canada and Bermuda. Funds will go to the federal budget and not to visa infrastructure.

Additionally, other USCIS fees are increasing in 2025: Form I-94 will cost $24, ESTA will rise to $40, and new humanitarian category charges will apply. Experts warn that rising costs could deter tourists, students, and skilled professionals from coming to the U.S.