A newly published U.S. immigration policy, effective August 1, 2025, is sparking confusion among immigrants and advocates after clarifying that certain family-based visa applicants may be issued deportation notices even while their petitions are pending.
The policy update, outlined in USCIS Policy Alert PA-2025-12, states that the agency may issue a Notice to Appear (NTA) in immigration court for the beneficiary of a family-based immigrant visa petition—known as Form I-130—if the individual is considered “removable” under U.S. immigration law.
According to U.S. Immigration Attorney Akua O. Aboagye, the term “removable” can apply to individuals who have overstayed a visa, entered the U.S. without inspection or authorization, committed fraud or misrepresentation on immigration records, or have certain criminal convictions.
“Even if your I-130 is approved, it does not give you legal status and it does not protect you from deportation,” Aboagye explained in a commentary breaking down the new guidance.
The I-130 form, she noted, merely establishes that the petitioner is a U.S. citizen or lawful permanent resident and that there is a qualifying family relationship, such as parent, child, sibling, or spouse.
The USCIS has long had the authority to issue NTAs in such cases, but the change now makes it explicit policy to use I-130 adjudications as a screening tool to identify individuals who may be deportable. The agency has updated its policy manual to reflect this position.
The updated rule applies to both new and pending family-based visa petitions filed on or after August 1, 2025. Immigration attorneys warn that the move could lead to more applicants being placed into removal proceedings if they file without understanding the potential risks.
Aboagye urged individuals to seek legal counsel before submitting immigration forms, stressing that the wrong filing could result in serious consequences.
