The U.S. Citizenship and Immigration Services (USCIS) has introduced new measures aimed at combating marriage fraud, as outlined in updated guidance issued on August 1. This initiative, titled ‘Family‑Based Immigrants,’ aims to tighten screening processes for family-based immigrant visa petitions and ensure that only legitimate marriages lead to permanent residency (green card status) in the United States.
The USCIS’s decision to enforce stricter regulations is driven by growing concerns over fraudulent applications that undermine public confidence in the family-based immigration system and could pose national security threats. The agency’s commitment to enhanced screening reflects its intention to identify individuals with potentially harmful intentions and to remove them from the country if necessary.
This policy comes amid reported cases of marriage fraud, including incidents involving individuals from India. A notable case is that of Indian national Aakash Prakash Makwana, who pleaded guilty to engaging in marriage fraud by creating a false narrative surrounding a marriage to a U.S. citizen to secure a green card. Offenders found guilty of such fraud face severe penalties, including imprisonment, fines, and deportation.
Under the new policy, if an American citizen sponsors an Indian spouse, USCIS will require extensive documentation proving the authenticity of the marriage. This includes photographs, financial records, and affidavits from friends and family, as well as rigorous interviews to assess the couple’s knowledge of each other and their shared lives.
Additionally, any history of multiple sponsorship applications by the U.S. citizen or prior applications for the beneficiary will trigger enhanced scrutiny. For sponsored spouses in the U.S. seeking a green card through marriage, past immigration violations or instances of deceit could lead to denial of their adjustment status and potentially initiate removal proceedings, regardless of whether their application for change of status is approved.
Furthermore, it’s clarified that even if a family-based immigrant visa application is approved, it does not provide immunity from removal proceedings if the beneficiary is deemed ineligible or engaged in malintent.
This proactive step by USCIS not only aims to preserve the integrity of the family-based immigration system but also reinforces a broader commitment to national security. By ensuring that immigration applications are legitimate, the agency hopes to strengthen public trust and safeguard the interests of American citizens and their families.