A new USCIS policy authorizes immigration authorities to initiate deportation processes against permanent residence applicants, even if they are processing the Green Card by family.
Madrid, Spain.- Since August 1, 2025, immigrants requesting permanent residence (Green Card) by marriage or other family link are no longer automatically protected from deportation, according to a new policy of the United States citizenship and immigration service (USCIS) that has already entered into force.
The measure establishes that the presentation of a residence petition based on a relative, even if it is an American citizen, does not grant legal immigration status or prevents the beginning of an expulsion process from the country. This represents a significant change with respect to the previous practice, which allowed many migrants to remain in the country while their cases were processed.
The provision applies to both new applicants and those who are already in process. “A family petition alone does not grant any benefit or protect from deportation,” said the USCIS in its updated manual.
Immigration experts have warned that this policy could have a serious impact on thousands of people who have initiated their process of legalization in good faith. Elora Mukherjee, a law professor at Columbia University, told NBC News that the new standard “breaks with decades of precedents” and could generate fear among migrant families.
According to USCIS, the objective is to “strengthen the integrity of the migratory system”, guaranteeing that applications are reviewed rigorously through face -to -face interviews and background verification. However, defenders of the rights of immigrants denounce that this policy exposes deportation to people who do not represent a threat and who have followed the legal routes available.
The change also affects people with defeated immigration status, who were entered with Visa and then stayed in the country, and even certain beneficiaries of the Daca OA program who have been out of the process due to recent decisions of the government.
