There’s a new USCIS policy that is putting undocumented green card applicants at risk of deportation.
On August 1, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its policy manual. The new guidance states that undocumented immigrants applying for green cards through family (like marriage to a U.S. citizen) may now be placed into deportation proceedings — even while their applications are being processed.
The update adds a “Removable Aliens” section, indicating that even individuals seeking green cards via marriage—or through other immediate family members—may now be placed directly into removal proceedings. USCIS explicitly cautions that a family?based petition does not confer legal status or shield the beneficiary from deportation via a Notice to Appear (NTA) in immigration court.
The exact wording in the Policy Manual is basically an explicit warning: “Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”
Previously, family-based filings often functioned as a protective signal—indicating an applicant’s ties and good-faith presence—which could deter immediate enforcement. Under the new guidance, that presumption is eliminated, and USCIS can issue the Notice to Appear in court to a family-based applicant, an action that was previously not taken at USCIS interviews.
Should I still File for Family-Based Adjustment?
We are in unprecedented times and a lot of decisions right now won’t look the same for everyone. Because this new policy increases the risk of being placed into deportation proceedings before your case is approved, the importance of speaking with an immigration attorney cannot be overstated.
In USCIS looking at family-based applications filed, there is now a marked difference between undocumented people filing for adjustment, documented people who have overstayed a visa filing for adjustment, and people with current immigration statuses filing for adjustment. Whichever category you or your family member fit into, it is highly important in this climate to speak with an experienced immigration attorney about your situation and whether this is the best time for you to file or not.
If you need assistance filing for an immigration petition, you can reach us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.
