14 Aug New policy on adjustment of status applications

The Trump Administration issued a new policy affecting people who are seeking adjustment of status for family petitions. This policy was published in the NBC news and is presented below:

Immigrants seeking green cards through marriage could be vulnerable to deportation, according to a new Trump administration policy.
Federal immigration authorities may begin removal proceedings for immigrants who lack legal status and apply to become residents through a spouse, according to new guidance issued by the U.S. Citizenship and Immigration Services (USCIS) on Monday. The policy, which went into effect immediately, also applies to immigrants who seek lawful permanent residency through other family members.

Immigrants and the spouse or family who sponsor them “should be aware that a family-based petition accords no immigration status nor does it bar removal,” the USCIS’ policy manual said. USCIS said in a statement to NBC News that the change applies both to pending requests and those filed on or after Aug. 1.

The policy broadly targets a major pathway for some immigrants seeking green cards, immigration policy and legal experts told NBC News.
“This is one of the most important avenues that people have to adjust to lawful permanent status in the United States,” Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School, said.

The new policy is very broad and seems to empower USCIS to begin removal proceedings for a green-card applicant “at any point in the process,” she said, adding that wait times for a green card can vary greatly depending on multiple factors, including where the application was filed and the type of familial relationship the immigrant has in its application.

Nearly 520,000 I-130 petitions, the first step in the process to obtain the U.S. residency through spouse or family, were filed by family members on behalf of immigrants in the first six months of 2025, according to an NBC News analysis of USCIS data.

As of June, there were more than 2.4 million pending I-130 petitions, according to USCIS data. Of those, more than 1.9 million have been pending for more than six months, also per USCIS data. It is not clear how many of those seeking green cards include immigrants who lack lawful status or lost their status during the process.
Mukherjee said that previously “no one expected to be put into immigration court” during this process, unless there was a serious issue like violating criminal law, adding that the change could “instill fear in immigrant families, even those who are doing everything right.”

USCIS said in its statement that the new policy “is dedicated to ensuring integrity in the U.S. immigration system through enhanced screening and vetting to deter, detect, and disrupt immigration fraud and threats to our national security and public safety.”

Please note that because this is a major overhaul of the system, there will be challenges in court regarding this new policy. In addition, the Trump Administration may not be able to enforce this policy because of significant constraints such as more personnel needed like immigration judges and USCIS personnel.

Note: This is not legal advice and presented for information only.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He has practiced immigration law, bankruptcy, and income tax representation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/ with offices in Hayward and Cerritos, CA.