New USCIS Policy: What Marriage Green Card Applicants Need to Know About Removal Risk

If you’re applying for a green card through marriage, a new USCIS policy update is something you need to be aware of.

In August 2025, U.S. Citizenship and Immigration Services (USCIS) confirmed that applying for a green card

does not protect you from deportation

if you are out of status. According to their updated guidance:

“

“A family-based petition accords no immigration status nor does it bar removal.”

This means that even if you’re married to a U.S. citizen and have filed your I-130 or I-485, you

could be placed in removal (deportation) proceedings

What Changed?

Nothing fundamentally new was created — this has always been the legal framework. But the

Trump administration

is now

reviving and clarifying policies

that give immigration enforcement agencies like ICE more room to act.

Before, most marriage-based green card applicants who filed their cases properly were not a priority for deportation. Now, USCIS has made it clear that removal proceedings are an option if your case is denied and you are not in valid status.

What Does “Authorized Stay” Mean While Your Green Card Is Pending?

We want to clarify an important point about your immigration status if you are applying for a green card (Adjustment of Status) from within the United States. When USCIS accepts your Form I-485 (green card) application, you are placed in what’s called a “period of authorized stay.” This means:

You are allowed to remain in the U.S. while USCIS reviews your case

You are

not

accruing unlawful presence for the purpose of the 3- or 10-year bars

However, it is important to understand the difference between

authorized stay

and

lawful immigration status

• If your original visa (such as H-1B, F-1, J-1, etc.) expires, you are no longer in valid non-immigrant status
• A pending green card application does not give you lawful status

What This Means in Practice

Under immigration law, someone without valid status can still be considered removable

— even if their green card application is pending.

That said,

in practice

, we

rarely see ICE initiate removal proceedings

against green card applicants with no criminal record or prior immigration violations. At KAZA Law, we have

not seen this happen

to clients who:

• Filed a complete and proper green card application
• Have no history of criminal arrests
• Have no prior removal orders or unlawful reentry

If your application is denied while you are out of status, you would begin accruing unlawful presence again — and at that point, removal becomes more likely.This policy does not mean people will suddenly start getting deported simply for applying for a green card after their visa expires. But it does mean that

you should take your case seriously

and work with professionals who understand how to build the strongest possible application.

What You Can Do:

• Work with a lawyer to review your full immigration history before filing
• Respond to all USCIS notices and make sure you don’t miss deadlines
• Keep copies of everything you submit
• Avoid travel or contact with law enforcement while your case is pending if you’re out of status
• Don’t file alone — especially if you overstayed your visa, entered unlawfully, or have any prior immigration issues

Final Thoughts

Immigration law is changing fast, and even small missteps can now carry real consequences. The marriage green card process is still a safe and valid path — but it’s more important than ever to file your case correctly, anticipate problems before they arise, and know your rights if anything goes wrong.

At KAZA Law, we help immigrant couples navigate this process with care, clarity, and compassion. If you’re thinking of applying — or already have and are unsure what this means for you — we’re here to help.

Book a free consultation with our tea,m and let’s protect your future together.

“

My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the challenges and limited options for obtaining a green card while on a tourist visa. If you’re considering adjusting your status or have questions about family-based sponsorship, employment-based petitions, or other immigration pathways, it’s essential to understand the complexities involved. If you need personalized advice or have any immigration-related concerns, I encourage you to schedule a free consultation by clicking this link.