New green card rules for married couples strengthen immigration officials’ powers amid backlog; here’s how

An updated policy guidance has been released by the US Citizenship and Immigration Services (USCIS) focusing on how family-based immigrant visa petitions, commonly used by married couples seeking green cards, are evaluated.

In a press release issued on August 1, 2025, USCIS said, "Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States."

Green card update strengthens USCIS

The green card update states that approval of a family-based petition does not, in itself, grant legal immigration status. According to USCIS, it may issue a Notice to Appear in removal proceedings if a beneficiary is found to be otherwise removable under U.S. immigration law, Newsweek reported.

The update aims to clarify existing procedures and enhance the agency’s ability to evaluate the validity of marriage-based and other family-related immigration petitions, where spouses or immediate relatives are applying for lawful permanent residency. The guidance explains eligibility criteria, documentation requirements, interview procedures, how USCIS takes care of cases with multiple or related petitions, and when petitions may be referred to other government agencies.

It also clarifies when the agency will send approved petitions to the Department of State’s National Visa Center, especially if a beneficiary initially sought to adjust status in the U.S. but was later found ineligible.

Why Green Card updates matter

The new policy is effective immediately and applies to both pending and newly filed petitions. The latest update comes as USCIS deals with a major backlog of immigration cases, with 11.3 million pending applications.

According to Newsweek, USCIS data from January to March 2025 states that some immigration categories are witnessing worsening delays, with processing times rising up. Applicants are left waiting months or even years as backlogs continue to mount each quarter.