What Does the New USCIS Rule Published on August 1, 2025, Mean for Family Petitions?
- Santiago Legal
- Aug 20
- 3 min read
Key Changes for Those Who Entered Without Inspection or Who Have Irregular Immigration Status: Beginning August 1, 2025 , U.S. Citizenship and Immigration Services (USCIS) implemented one of the strictest reforms in recent years regarding family petitions . This new rule has a direct—and in many cases, troubling—impact on immigrants who entered the country without inspection or who currently have irregular immigration status .
The measure seeks to combat immigration fraud, detect sham relationships, and strengthen national security. But it has also generated real concern for many families facing legitimate reunification processes. If you are in the midst of an immigration process, or considering starting one, this article is essential reading for you .
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Most relevant changes in the new USCIS policy
1. Much more rigorous family interviews
USCIS now examines every detail of family or marital relationships. Interviews will be more rigorous and will be used as a filter to detect potential fraud.
Thorough verification of cohabitation history.
Separate interviews with the petitioner and the beneficiary, with detailed questions.
Lack of assistance or sufficient evidence may lead to immediate denial of the case.
In some cases, denial may even lead to removal proceedings .
2. Comprehensive social media audit
All applicants are now required to provide a list of social media users and platforms used within the past 5 years.
USCIS reviews:
Publications.
Photos.
Comments.
Interactions and messages.
Any content that appears contradictory or suspicious could result in:
Significant delays.
Requests for Evidence (RFE).
Direct rejection of the case.
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3. Requests for additional evidence and documentation
USCIS has more discretion to request additional evidence when there are questions about the applicant's relationship, immigration history, or financial status.
Solid evidence is prioritized such as:
Cohabitation tests .
Joint finances (bank accounts, mortgages, etc.).
Frequent and verifiable communication.
Testimonials from trusted people.
4. Increased surveillance of entries without inspection and irregular status
This group is one of the most affected by this reform.
An approved I-130 does not grant legal status.
There is no automatic protection against deportation.
If USCIS detects fraud, a criminal record, or ineligibility , it may issue a Notice to Appear (NTA) to initiate proceedings before an immigration judge.
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Is the rule retroactive? Yes, and this is what you should know.
This change applies to all pending applications and to new applications submitted on or after August 1, 2025 .
In addition to affecting family petitions, the rule also tightens:
Consular processes
Multiple requests
Eligibility Requirements
USCIS has made it clear that it will apply these new criteria strictly and uniformly .
Why does this change affect people without inspection or with irregular status so much?
The new policy seeks to deter immigration fraud and ensure that only authentic relationships access immigration benefits.
If the government determines that a person entered without inspection and cannot adjust their status legally (or qualify for a waiver), even with an approved I-130, they could be placed in removal proceedings .
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Practical recommendations: What to do if you are in a family process?
Consult with a qualified immigration attorney. Before submitting any application, make sure you fully understand your risks and rights.
Prepare for the interview. Gather solid evidence: photos, bank statements, packages, testimonials, messages, letters, etc.
Review your digital presence. Clean up or clarify any social media content that could be misinterpreted before submitting your application.
Don't let your guard down. An approved I-130 is no guarantee of immigration protection until you obtain legal permanent residence.
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We are your ally in times of immigration uncertainty
Did you or your family member enter without inspection? Are you worried that your immigration status or social media presence could affect your case? Did you receive a request for evidence or are you worried about an NTA?
Santiago Legal is here to help you!
At Santiago Legal , your future is our priority. With proactive legal advice, you can protect your status and that of your family, ensuring that every step of your immigration process is handled correctly.
Schedule your consultation today !
Legal Notice: This article is for informational purposes only and does not constitute legal advice. Each case is unique, and it is recommended that you consult with an immigration attorney before making decisions that may affect your immigration status.