A major update to family-based immigration policy has arrived for 2025—and it raises the stakes for anyone seeking a green card through a family relationship. Effective August 1, 2025, U.S. Citizenship and Immigration Services (USCIS) officers can now deny family-based petitions outright, without giving applicants a chance to fix mistakes or submit missing documents. For immigrants and sponsors, this means that getting the application right the first time is more critical than ever before.
USCIS Can Deny Petitions Without Warning
Gone are the days when a minor issue would simply prompt a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). Now, an officer who finds a required form is missing, an edition is outdated, or a supporting document incomplete, can deny the petition immediately—with no opportunity to correct the error. If this happens, applicants must start over, repay all fees, and face new waiting periods. Worse, certain denied applicants could find themselves facing deportation.
Increased Risk for the Undocumented and Pro Se Applicants
One of the most serious changes is the ability of USCIS to issue a Notice to Appear (NTA)—starting deportation proceedings—if a family-based petition is denied for someone with no current legal status. This makes the risks extremely high for people who are trying to legalize from within the U.S. through a family sponsor, especially those filing without attorney assistance (pro se). Missing even small details can now have life-changing consequences.
New CSPA Age Calculation Rule for Children
There’s also a significant update for families with children close to turning 21. As of August 15, 2025, the Child Status Protection Act (CSPA) age is calculated using the stricter Final Action Dates chart, not the Dates for Filing chart. This means some children may lose eligibility as a “child” before the case is processed a potentially devastating outcome for families waiting in line.
Filing Fees, Forms, and Timing Matter More Than Ever
USCIS recently increased filing fees and using an outdated form or incorrect payment amount can result in an automatic rejection. For families, the message is clear: review every requirement, double-check all evidence—like marriage proof or birth certificates—and make sure everything is up-to-date and accurate before submission.
What Families Should Do Now
- Double-check forms, fees, and evidence before filing
- Track family member ages and the Visa Bulletin under CSPA rules
- Stay in lawful status whenever possible while a petition is pending
- Consider consulting with an immigration attorney to avoid costly pitfalls
With these new changes in effect, navigating the immigration process without skilled legal help has become riskier than ever. Even a small mistake can lead to costly delays or denials that put your family’s future in jeopardy. At the Law Office of Mariana Toledo-Hermina, we provide the careful preparation and trusted guidance you need to protect your case and move forward with confidence toward a new beginning in the United States.