USCIS Updates Policy: Family-Based Petitions Now Carry NTA Risk

On August 1, 2025, U.S. Citizenship and Immigration Services (USCIS) released an updated Policy Alert (PA-2025-12)in its Policy Manual regarding family-based immigrant visa petitions, including when interviews are required and when a Notice to Appear (NTA) may be issued.

What Changed

This guidance consolidates and clarifies procedural expectations for family-based petitions (Form I-130). Key updates include:

  • Clear delineation of eligibility, filing, and documentation requirements.

  • Instructions for adjudicating petitions filed concurrently or with related filings.

  • Criteria for when interviews are necessary to verify the authenticity of family relationships.

  • Directions stating that approval of a petition does not confer legal status and USCIS may issue an NTA if the beneficiary lacks legal status.

Why It Matters

Family-based immigration is a major pathway to lawful permanent residence in the U.S. By streamlining these procedures, USCIS aims to protect the integrity of the system and reduce fraud. For petitioners and legal representatives, this update provides clearer guidance and reinforces the importance of accurate, well-documented submissions. Importantly, it also reminds beneficiaries that a petition approval alone does not shield them from removal if they are otherwise ineligible.

Connecting to Our Mission

At AIILP, we track developments like this to support transparent and predictable immigration policy. As we provide analysis, guidance, and advocacy, our goal is to ensure families and legal advocates understand how procedural updates, like those in PA-2025-12, affect real-world immigration outcomes—aligning with our commitment to rigorous research, public education, and reform-minded policy engagement.


Previous
Previous

USCIS Expands Social Media Vetting to Include “Anti-American” Activity

Next
Next

USCIS Eases Interview Waiver Requirements for Nonimmigrant Visa Applicants