New USCIS Enforcement Rules for Green Card Applicants: Who is at risk?

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Recent changes to the green card application process have added new hurdles that could make interview approvals more difficult. In this blog, we’ll break down what these changes are and how they could affect your chances of success.

What’s changed?

  • USCIS officers now have expanded authority
  • Immigration officers have been granted law enforcement powers as federal agents
  • Increased ability to investigate immigration cases for fraud, misrepresentation, and other violations
  • Authority to refer cases for criminal prosecution
  • Power to arrest and detain applicants during green card interviews for violations

USCIS Shifts from Administrative to Law Enforcement Agency

For decades, U.S. Citizenship and Immigration Services (USCIS) has primarily served as an administrative agency. Its core function has been to process immigration benefits such as green cards, work permits, naturalization, and other legal status applications. USCIS operated separately from Immigration and Customs Enforcement (ICE), which is tasked with enforcing immigration laws, including detaining and removing individuals who are in violation. This separation reflected a clear distinction between those applying for lawful immigration benefits and those facing enforcement actions.

However, in recent months, USCIS policies have started to shift in a direction that aligns more closely with immigration enforcement. Officers within the agency are being granted expanded authority, including certain law enforcement powers. For example, USCIS officers now have increased discretion to investigate cases for fraud, misrepresentation, or other immigration violations — and in some cases, they may refer cases for prosecution or even detain applicants during in-person interviews for immigration violations.

This transformation blurs the historical line between a benefits-granting agency and a law enforcement body. While the intent may be to prevent abuse of the immigration system, the shift raises concerns about due process, trust in the system, and the impact on lawful applicants. Many fear that individuals seeking legal status may now face heightened scrutiny, delays, or even risk of detention during routine interviews, creating a more intimidating and uncertain process for immigrants applying for green cards.

What hasn’t changed

Despite these recent shifts in USCIS policy and increased enforcement measures, the eligibility criteria for a green card remain the same.

Individuals may still qualify through family sponsorship, employment opportunities, refugee or asylum status, the Diversity Visa Lottery, or other special categories defined by law. The requirements—such as proving a qualifying relationship, maintaining lawful status, passing background checks, and meeting health and financial standards—have not been altered.

While the process may feel more rigorous or intimidating under the new enforcement posture, the legal pathways and qualifications for obtaining a green card are still rooted in longstanding immigration law.

Questioning Immigrant Intent at the Time of Visa Entry

One of the longstanding principles in U.S. immigration law is the presumption of immigrant intent—the idea that anyone entering the U.S. on a temporary (nonimmigrant) visa is presumed to be intending to stay permanently, unless they can prove otherwise.

This presumption can become a major issue during green card interviews, especially if the applicant entered the country on a tourist, student, or other temporary visa. USCIS officers may closely examine whether the individual misrepresented their intentions at the time of entry. If it appears that the applicant planned to remain in the U.S. permanently, despite holding a temporary visa, it could lead to accusations of visa fraud or misrepresentation, both of which can result in denial of the green card and even long-term immigration consequences.

Such a situation might occur when an applicant enters the U.S. on a tourist visa and then marries a U.S. citizen shortly afterward. This can also happen in cases where the individual has overstayed their visa.

Applicants should be prepared to clearly explain their intent at the time of their entry to avoid misunderstandings or enforcement actions at the green card interview.

To avoid complications regarding intent, consider the following mitigating actions:

  • Gather strong evidence of your intent at the time of entry, such as return flight tickets, proof of employment or school enrollment abroad, or other ties to your home country.
  • Be honest and consistent in all immigration applications and interviews, especially when discussing your reasons for initially entering the U.S.
  • Avoid making major life changes (like marriage to a U.S. citizen) immediately after entering on a tourist or other temporary visa, as this can raise red flags.
  • Consult an immigration attorney before filing for adjustment of status, particularly if your circumstances may appear suspicious to USCIS.
  • Keep a clear timeline and documentation of your relationship and immigration journey to show that your actions were not pre-planned to bypass immigration laws.
  • If you overstayed a visa, be prepared to explain the reasons and provide supporting documentation where appropriate and necessary. Always seek the assistance of an attorney.

Conclusion

The new USCIS enforcement rules bring increased scrutiny and authority that make the green card application process more challenging. While eligibility criteria remain the same, applicants must be prepared to clearly demonstrate their intent and comply with stricter standards. Working with an immigration attorney can help you navigate these changes and improve your chances of success.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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