Green card crackdown on married couples: US warns approval won’t protect from deportation

 

The US Citizenship and Immigration Services (USCIS) has rolled out stringent new rules targeting fraudulent family-based immigrant visa petitions, especially marriage-based applications, in a major policy update that came into effect on August 1, 2025.

Published under the “Family Based Immigrants” section of the USCIS Policy Manual, the revised guidance applies to both pending and newly filed petitions. It introduces tighter vetting procedures, tougher documentation demands, and expands the agency’s authority to initiate removal proceedings, even if the underlying petition is approved.

“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,” USCIS stated in the update.

The agency further emphasised its national security mandate: “We are committed to keeping Americans safe by detecting aliens with potentially harmful intent so they can be processed for removal from the United States.”

What’s changed in the new policy?

The updated guidance outlines multiple enforcement and screening mechanisms:

• Stricter eligibility checks and adjudication processes for all family-based applications.

• Mandatory in-person interviews for couples, with a focus on probing relationship authenticity.

• Expanded documentation requirements, including joint financial records, photographs, and affidavits from friends and family as proof of a bona fide marriage.

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• Review of prior applications, particularly if a petitioner has filed multiple marriage-based petitions in the past.

• Closer scrutiny of immigration history, especially for those already present in the US on non-immigrant visas like H-1B, who now seek permanent status through marriage.

• Issuance of Notices to Appear (NTA) for deportation, even if the petition is approved, if the beneficiary is otherwise removable under US immigration law.

USCIS clarified that green card petition approval alone does not shield beneficiaries from enforcement action. “This guidance will improve USCIS’ capacity to vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with all applicable laws,” the agency noted.

Real-life triggers behind the crackdown

The tighter regulations follow a spate of recent marriage fraud cases, including one involving Indian national Aakash Prakash Makwana. In May 2025, Makwana pleaded guilty to entering into a sham marriage after overstaying his J-1 visa. He submitted forged documents to show cohabitation and even falsely claimed domestic abuse in an attempt to fast-track his green card approval.

Such instances, USCIS said, have highlighted the need for more robust identity and relationship verification protocols.

The new policy also affects US citizens sponsoring foreign spouses, including those from countries like India. They must now present stronger evidence of a legitimate relationship and face more detailed interviews to prove familiarity with each other’s lives. Any red flags, like inconsistent immigration records or a history of multiple sponsorships, could lead to further investigation or deportation proceedings.