Undocumented immigrants in the United States who seek to obtain lawful permanent residency through a spouse or family member could be placed in deportation proceedings under a new policy from U.S. Citizenship and Immigration Services (USCIS), NBC News reported.

The measure, which took immediate effect on Monday, allows immigration authorities to initiate removal proceedings against undocumented individuals who apply for a green card through family ties, including marriage.

“Submitting a family-based petition does not confer immigration status nor prevent removal,” states the updated USCIS policy manual. The agency also confirmed to NBC News that the new directive applies to both pending applications and those filed on or after August 1.

Legal and immigration policy experts warned that the change could impact one of the most common pathways immigrants use to regularize their status in the country.

“This is one of the most important avenues for people to adjust their immigration status,” said Elora Mukherjee, director of the Immigrants’ Rights Clinic at Columbia Law School. She explained that the policy is very broad and could allow USCIS to initiate removal proceedings “at any point in the process,” which can vary depending on where the application was filed and the type of family relationship involved.

Data show that in the first six months of 2025, nearly 520,000 I-130 petitions—the first step in the family-based green card process—were filed. As of June, more than 2.4 million I-130 petitions were pending, with 1.9 million pending for over six months.

It remains unclear how many of those cases involve individuals who no longer have valid legal status.

Mukherjee noted that previously, applicants generally did not expect to be placed in immigration court during this process unless there were serious issues, such as criminal violations. “This change could instill fear among immigrant families, even those doing everything right,” she said.

In its statement, USCIS justified the policy as part of a broader effort to ensure the integrity of the immigration system through enhanced screening, including in-person interviews when necessary.

“Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident status and undermine the immigration system,” the agency warned in a policy alert issued Monday. “USCIS must ensure that qualifying marriages and family relationships are genuine, verifiable, and comply with the law.”

Julia Gelatt, associate director of the U.S. Immigration Policy Program at the Migration Policy Institute, said the new policy aligns with the Trump administration’s mass deportation agenda.

“The message the administration is sending is clear: unauthorized immigrants should consider abandoning their lives in the U.S. and returning to their countries of origin,” she stated.

Gelatt emphasized that the policy could affect not only those who entered the country illegally and are now trying to adjust their status through marriage, but also people whose legal status has lapsed while they await green card decisions—including Dreamers and hundreds of thousands of immigrants whose status became uncertain after the Biden administration rolled back temporary protections.

“A lot of people are losing status, and this takes away one of the avenues they might have used to stay legally in the U.S.,” she said.

While it remains to be seen how aggressively the administration will enforce the policy, Mukherjee warned that if applied broadly, it could represent “a sea change in immigration enforcement” and discourage even eligible immigrants from beginning the legalization process.