Takeaways for Family-Based Immigrants Following USCIS Policy Updates (Aug 2025)
Important USCIS Policy Updates (August 2025) & What They Mean for Your Case
USCIS issued a Policy Alert providing new guidance on how family-based immigrant petitions and adjustment of status applications are handled. These updates do not change the core eligibility rules under the Immigration and Nationality Act (INA), but they increase the risks of denial or issuance of an NTA if other issues exist.
Below is what you would want to know when filing a family-based immigration petition, including both background information that has not changed and important updates and implications.
Background Law (What Has Not Changed)
I-130 approval only confirms the qualifying family relationship. It does not grant lawful status or automatically prevent removal.
Filing Form I-485 (adjustment of status) does not itself create lawful status. The applicant remains in their prior status—or lack of status—until USCIS approves the case. (INA §245; USCIS Policy Manual, Vol. 7, Pt. B, Ch. 3)
Lawful entry requirement: Adjustment of status requires that the applicant was inspected and admitted or paroled.
Immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens) benefit from key exceptions. Overstays, unlawful presence, and unauthorized employment do not bar adjustment if they were admitted or paroled.
Limitation: These exceptions apply only to adjustment of status in the U.S. If the applicant departs and processes abroad, unlawful presence and overstays can trigger 3-year or 10-year bars under INA §212(a)(9)(B). In such cases, a waiver (Form I-601/I-601A) may be required. Non-immediate relatives (preference categories such as siblings or adult/married children) do not benefit from these exceptions. Unlawful presence, overstays, or unauthorized employment generally bar adjustment in the U.S.
What Has Been Updated
Pending or approved petitions are not protection. While this has always been the law, USCIS has now formally clarified that a pending I-485 or an approved I-130 does not shield someone from enforcement. If the person is otherwise removable, USCIS may issue a Notice to Appear (NTA).
Denial consequences are clearer. In the past, if an adjustment case was denied, USCIS did not consistently state whether it might issue an NTA. Many applicants assumed they could take their time and re-file when ready. Under the August 2025 policy update, USCIS now makes it explicit:
If a case is denied because the applicant is otherwise removable, USCIS may issue an NTA.
What it implies is that the NTA can be issued once the motion to reopen/reconsider period has expired or if the case is not appealed. This represents a shift from informal practice to a written enforcement policy.
Greater adjudicator discretion. USCIS officers may deny cases outright, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), if initial documentation is insufficient. This means that it became more important not to make any mistakes and file a complete/accurate petition in your initial filing.
Closer scrutiny of history. Long overstays, expired temporary protections, prior removal proceedings, and unauthorized employment are reviewed more carefully than before.
Final Thoughts
The August 2025 USCIS update makes this distinction clearer than ever: pending petitions are not a shield, and officers now have broader discretion to deny cases outright or issue Notices to Appear (NTAs) after denial, especially if the applicant is otherwise removable. Strong documentation, careful preparation, and compliance with all immigration laws are more important than ever for both immediate relatives and family preference applicants.
If you need assistance with a family-based petition, please don't hesitate to contact us. We would be happy to assist you.
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Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is only established upon the mutual signing of a Legal Services Agreement and the prospective client’s payment of the required attorney's fee.