Key Takeaways

• No “safe harbor” from deportation: A family-based petition or pending green card case does not protect you from being placed in removal proceedings.
• Eligibility vs. protection: The eligibility of immediate relatives to adjust despite overstay/unauthorized work remains intact under the statute; what’s changed is the enforcement posture.
• Effective immediately (including pending cases): USCIS says the update applies to pending and newly filed requests as of August 1, 2025.
• Interviews & routing clarified: The guidance also explains when interviews are required and when cases shift between adjustment and consular processing.

What Changed?

USCIS emphasized that a family-based petition confers no immigration status and that officers
may issue NTAs when a beneficiary is otherwise removable. This makes explicit that the agency can place out-of-status applicants into removal proceedings even if they are seeking a marriage-based green card.

What Didn’t Change?

The longstanding statutory rule allowing immediate relatives of U.S. citizens to adjust status despite overstay or unauthorized employment remains in place. The update does not repeal that legal eligibility—it clarifies that eligibility does not equal protection from enforcement.

Who Is Affected?

• Spouses, parents, and unmarried children (under 21) of U.S. citizens (immediate relatives)
• Other family preference categories filing I-130s and pursuing adjustment or consular processing
• Applicants who are out of status or have prior status violations

Practical Steps If You’re Out of Status

1. Get individual legal advice before filing—especially if you have past removals, entries without inspection, criminal issues, or prior fraud findings.
2. Document the bona fides of your marriage and gather full immigration history and police clearances (where relevant).
3. Discuss risk tolerance and contingency plans if an NTA is issued (e.g., merits in immigration court, voluntary departure, or alternative relief).

FAQs

Does marriage to a U.S. citizen still “forgive” overstay or unauthorized employment?

For immediate relatives, the statute still waives those bars to eligibility for adjustment. But that doesn’t prevent USCIS from initiating removal if other issues make you removable.

Can USCIS place me in removal proceedings while my I-485 is pending?

Yes. USCIS says a pending family-based petition/application provides no status and officers may issue an NTA if you are otherwise removable.

Does this apply to cases filed before August 1, 2025?

Yes. USCIS states the guidance is effective immediately and applies to pending and newly filed cases as of August 1, 2025.

Source

USCIS Policy Alert, “Family-Based Immigrants,” PA-2025-12 (Aug. 1, 2025).