New forms with mandatory editions:
Starting in 2025, USCIS updated and now requires the use of specific versions of key forms, under penalty of immediate rejection if outdated versions are submitted. Incorrect edition selection may lead to package refusal.
Mandatory or much more frequent in-person interviews.
The practice of waiving or skipping interviews in some cases has been virtually abolished: for many marriage-based Green Card applications, even seemingly simple ones, an in-person interview is now almost standard, and the level of detail in the questions has increased.
Stricter requirements for proof of the legitimacy of marriage (bona fide marriage):
USCIS has intensified its scrutiny to curb sham, fraudulent, or solely immigration-related marriages. The implication: relationships with less "visible history" or with very long geographical distances between spouses face a higher risk of receiving a request for evidence or having their application denied.
Increased risk of denial without a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
Under the new policy, USCIS can directly deny a request, even without previously issuing an RFE or NOID, which reduces opportunities to correct or supplement documentation. In practical terms: there is less "margin for error" and a greater need for a complete and well-organized submission from the start.
Possibility of initiating removal proceedings (Notice to Appear) even after family petitions are approved.
Another critical change: approval of a family petition (e.g., Form I-130) does not guarantee automatic immunity from removal proceedings (NTA) if the beneficiary is subsequently deemed ineligible. This shows that the risk persists even after positive stages, reinforcing the need for care throughout the process.
Therefore, a professional review is strongly recommended. A specialized team is able, primarily with legal assistance, to assess whether there are risks stemming from previous visa histories, irregular stays, or other complications that may increase scrutiny.
At You Abroad USA, we have licensed attorneys in both the United States and Brazil, with years of experience in family immigration. Our team monitors USCIS updates daily and acts strategically to reduce risks and increase the chances of approval.
