Undocumented immigrants applying for green cards through marriage are now at greater risk of being deported. As per this new policy announced Monday, U.S. Citizenship and Immigration Services (USCIS) can place these applicants into removal proceedings if they don’t have legal status. The change, which took effect right away, applies not only to new filings after August 1 but also to cases already pending. This is a clear sign that the Trump administration is tightening its stance on marriage-based residency requests.
The section of the USCIS’ policy manual explains, “If USCIS determines the alien beneficiary is removeable and amenable to removal from the United States, USCIS may issue a Notice to Appear placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”
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The policy takes aim at one of the most common routes immigrants use to get a green card. Immigration experts warn it gives USCIS the power to push an applicant into removal proceedings at any stage of the process even without offering a chance to correct errors or provide missing documents.
Every year, somewhere around 650,000 to 810,000 immigrants apply for family-based green cards. India is a big part of that but it hardly stands alone. In fact, the U.S. awarded about 29,725 family-based green cards to Indian nationals in fiscal year 2024. Other countries also saw significant totals that year: Mexico led the way with around 161,705, Dominican Republic saw roughly 45,270, Philippines received about 40,678, Cuba got 33,539, Vietnam was close behind with 27,193, China (mainland) had 26,487, El Salvador, Haiti, and Jamaica followed with 24,701, 20,160, and 17,985 respectively as per docketwise data.
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These numbers reflect how family ties shape green card flows and also why some countries face much longer waits because of the strict 7% yearly cap on green cards per country.
Immigrants applying for marriage-based green cards are now facing a far tougher process. As under the new policy, immigration officers can skip the usual warning and send someone straight to immigration court for possible deportation. In the past, a missing document or small mistake usually meant getting a notice to fix it. Now, it could mean the application is shut down on the spot. Applicants will also have to prove their marriage is genuine with stronger evidence, like shared bank statements, family photos, or sworn letters from friends and relatives, and attend in-person interviews. Officials are expected to go through past applications and immigration records more closely, making the entire process far more challenging for couples.