USCIS Signals New Enforcement Focus for Undocumented I-130 Beneficiaries

A Policy Shift with Serious Implications for Mixed-Status Families

On August 1, 2025, USCIS issued updated guidance that—while consistent with longstanding immigration law—marks a clear shift in enforcement priorities. Although the approval or filing of a family-based petition (Form I-130) has never conferred lawful status or guaranteed protection from deportation, the new policy guidance affirms that USCIS may now more actively refer beneficiaries for removal proceedings if they are found to be present unlawfully in the United States.

This policy update has prompted concern from immigration attorneys and advocates, not because it creates a new legal risk, but because it signals a new intent to act on risks that have always technically existed.

What’s Changed?

USCIS has updated the Policy Manual to clarify its authority to issue Notices to Appear (NTAs) in a broader range of family-based immigration cases. This includes cases where:

• The I-130 beneficiary is present in the United States without lawful status;

• The petition is denied or withdrawn;

• USCIS believes there is fraud, misrepresentation, or lack of eligibility; or

• The individual is otherwise subject to removal based on unlawful presence or other grounds.

Again, this authority is not new—but the guidance reflects a renewed emphasis on using it.

AILA and Practitioners Raise Concerns

The American Immigration Lawyers Association (AILA) has responded by alerting its members to the practical risks this presents for clients. While USCIS always had discretion to refer individuals for removal, it traditionally exercised restraint in cases involving bona fide family petitions, especially where beneficiaries had a pathway to adjustment or waivers.

Now, USCIS appears more willing to proactively place individuals into proceedings, even where an I-130 is pending or recently denied. This has prompted AILA to call for Congressional engagement and to request examples from practitioners of NTAs issued at or after interviews. AILA also reminds practitioners that the timing of a client’s I-130 interview, status, and broader case strategy now matters more than ever.

What Does This Mean for Families?

Families with pending or approved I-130 petitions—but without a clear pathway to adjust status—may now face a more urgent risk of being placed in proceedings. For years, many individuals with strong family ties and no criminal history were considered low-priority for enforcement. This update may signal a departure from that approach.

It’s especially important to note:

• An I-130 is not a shield. It never has been. It does not authorize someone to remain in the U.S. while waiting for status.

• Being placed in proceedings may bar future benefits. The timing and manner of a referral to immigration court can affect eligibility for adjustment, cancellation of removal, or voluntary departure.

• Legal screening is critical. Clients should not assume that filing an I-130 protects them from enforcement. They should consult with a qualified attorney to assess their risks and options before initiating a petition or attending a USCIS interview.

  
  

Our Advice to Clients and Community Members

At Katsivalis & Anderson Law, we are committed to helping families navigate this shifting landscape. If you or a loved one is considering filing a family petition—or already has one pending—it is essential to:

• Understand your current immigration status and risks;

• Explore all available pathways to adjustment or protection;

• Be prepared for the possibility of being placed in removal even with a strong family case.

The law hasn’t changed, but the environment has. What USCIS chooses to do with its discretionary authority is different now. Our office continues to monitor this development closely, and we encourage all impacted families to seek legal advice as early as possible.