U.S. immigration officers can now reject family-based green card applications without giving applicants a chance to fix simple mistakes. This policy change by USCIS took effect on August 1, 2025, and applies to petitions filed by U.S. citizens and green card holders for spouses, children, parents, or siblings.
For those already in the United States without legal status, a denied petition could result in immediate deportation proceedings. The shift signals a much stricter approach to how USCIS handles family immigration, with fewer safeguards and higher risks for applicants.
USCIS Can Deny Petitions Without Warning
The new policy gives USCIS officers the authority to deny family-based green card petitions outright if they determine that a required document is missing or that the application lacks a clear legal basis for approval. Officers are no longer obligated to issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), which were previously used to notify applicants of deficiencies and give them an opportunity to respond.
This change affects all petitions filed by U.S. citizens and lawful permanent residents for qualifying relatives, including spouses, parents, children, and siblings. If an application is incomplete or includes inconsistencies, it may be denied without any communication from the agency beforehand.
The consequences are significant. Applicants will not receive any notice before a decision is made. Once a petition is denied, the applicant must restart the entire process, which includes refiling all forms, repaying government filing fees, and resubmitting supporting evidence. The policy eliminates the possibility of correcting technical errors or submitting overlooked documents after filing.
In the past, many applicants successfully addressed simple mistakes by responding to an RFE or NOID. That option is now limited, placing greater pressure on applicants to ensure that their petition is complete and accurate from the start. Those who submit petitions without legal guidance may be especially vulnerable under this stricter review process.
Increased Risk of Deportation Proceedings
Applicants without legal immigration status now face a greater risk of being placed into deportation proceedings if their petition is denied. Under the updated guidance, USCIS may issue a Notice to Appear (NTA) when a family-based green card petition is rejected and the applicant is found to be in the country unlawfully. This referral places the individual into the immigration court system, where U.S. Immigration and Customs Enforcement (ICE) may carry out removal proceedings.
This shift directly affects a large segment of family-based applicants who are attempting to regularize their status. Many are spouses or children of U.S. citizens who entered the country without inspection or overstayed a visa. These applicants often rely on approval of the initial petition as a critical first step in the adjustment of status process. A denial now not only halts that process but may also lead to immediate legal consequences.
The policy also applies to those seeking a waiver through Form I-601 to overcome grounds of inadmissibility before attending a visa interview abroad. If the initial petition is denied, the applicant may not even reach the waiver stage. Instead, they may be placed into removal proceedings before having a chance to complete consular processing.
Before this update, applicants in these situations would typically have received an opportunity to correct errors or submit missing documentation. The policy change signals that USCIS is placing more emphasis on enforcement by linking application denials directly to immigration court referrals. This approach reduces the margin for error and makes the initial petition stage more consequential than before.
Family Immigration Under Greater Scrutiny
USCIS has stated that the updated guidance is aimed at improving the integrity of the immigration system by focusing on “fraudulent, frivolous, or non-meritorious” applications.
While some of the changes reflect existing enforcement practices, the removal of procedural safeguards raises the threshold for approval in all family-based cases.
Family-sponsored green cards account for approximately 40 percent of new lawful permanent resident admissions each year. This includes petitions filed by U.S. citizens and permanent residents for immediate relatives and family preference categories.
With such a large share of green cards issued through family relationships, USCIS is placing more emphasis on verifying the legitimacy of those ties before approving petitions.
Applicants should expect closer examination of documentation, including evidence of marriage, birth, and other qualifying relationships. Incomplete records or unverified claims may now be treated as sufficient grounds for denial, without a chance to supplement or explain the application later.
Action Steps for Applicants
Given the policy shift, applicants must take extra care when preparing and submitting a family-based green card petition. USCIS now places full responsibility on individuals to ensure applications are complete, accurate, and supported by proper evidence. The chance to correct errors after submission is no longer guaranteed, even for minor mistakes.
Before submitting a petition, applicants should take the following steps:
- Review all forms for accuracy and completeness. This includes verifying names, birth dates, addresses, and immigration history across all sections of the application. Inconsistencies or omissions may be interpreted as red flags.
- Ensure all supporting documents are legible, up to date, and properly translated if in a foreign language. Common examples include marriage certificates, birth records, divorce decrees, and passports. Blurry scans or incomplete translations can result in automatic denial.
- Include strong evidence of the claimed family relationship. For spousal petitions, this could involve shared leases, joint bank accounts, photographs, or affidavits from relatives and friends. Petitions with weak or limited documentation may no longer receive a request for additional proof.
- Confirm that filing fees are correct and that all required forms are properly signed and submitted together. Missing signatures or incorrect payments will likely result in rejection, without a chance to resubmit corrections.
- Seek professional assistance if unsure about any part of the process. This is especially important for applicants who are currently out of status or have prior immigration violations, as the risk of enforcement action is now higher.
Failure to meet these standards may lead to immediate denial without prior notice. For applicants who are undocumented or otherwise out of status, the consequences may include being placed into immigration court through a Notice to Appear.
Conclusion
The updated USCIS policy makes family-based immigration more difficult and more risky. Petitions must now be complete and accurate from the start. There may be no opportunity to fix mistakes later.
Applicants without legal status face the added risk of removal if denied. The consequences are more severe than in the past. Careful preparation is now essential.