The United States Citizenship and Immigration Services (USCIS) has revised its Policy Manual to strengthen scrutiny of marriage-based green card applications. The update, released this week, aims to close procedural loopholes and enhance enforcement mechanisms in cases where marriages are suspected to be fraudulent.
The new guidance empowers USCIS officers to issue denials more swiftly and seek additional documentation where there is evidence or suspicion that the marriage was entered into for immigration benefits rather than a genuine partnership. The update also clarifies procedural steps and legal interpretations for officers adjudicating spousal immigrant petitions (Form I-130), particularly in situations involving prior immigration violations or inconsistent relationship history.
Red Flags and Pattern Recognition
The policy revision highlights several “red flags” commonly associated with sham marriages—such as discrepancies in shared addresses, lack of cohabitation, or conflicting testimonies during interviews. Officers have now been directed to apply a more pattern-based analysis, considering not only current applications but also historical behaviour such as serial sponsorships, unusual financial transactions, or short timelines between marriage and filing.
“Fraudulent marriages not only violate immigration laws but undermine the integrity of the system for those seeking lawful status in good faith,” the agency said in an official statement. The move is part of a broader campaign by the Department of Homeland Security to clamp down on immigration-related fraud, especially in high-volume visa categories.
Implications for Applicants and Legal Counsel
Immigration attorneys have cautioned that while the update enhances the agency’s ability to detect abuse, it also raises the burden of proof for genuine couples. “This change underscores the importance of strong documentary evidence—photos, joint assets, consistent testimonies—early in the process,” said a New York-based immigration lawyer.
Applicants may also face delays as interview standards are tightened and Requests for Evidence (RFEs) become more common.
USCIS processed over 400,000 marriage-based green card applications in the previous fiscal year, making it one of the most-used family reunification pathways. The agency has not indicated retroactive action on approved cases but emphasised vigilance in upcoming filings.