Marriage-Based Green Card Approvals Despite USCIS’s August 2025 Stricter Policy

At The Ahluwalia Firm, we continue to achieve success in even the most complex marriage-based immigration cases, including those involving visa overstays, unauthorized entries, and prior immigration filings despite the stricter adjudication standards imposed by USCIS’s August 1, 2025 policy update.

USCIS’s New Policy: A Tighter Standard of Review

On August 1, 2025, USCIS implemented updated internal guidance increasing scrutiny of family-based petitions, particularly those based on marriage to U.S. citizens or lawful permanent residents (LPRs).

Under the revised policy:

• USCIS now requires more extensive documentation of bona fide marriages
• Officers are directed to conduct mandatory interviews in many cases that previously qualified for waivers
• There is closer review of the legal validity of marriages, including prior divorces, foreign marriage laws, and prior immigration filings
• Adjustment of status applicants must prove they are eligible under INA 245(a), 245(i), or 245(k) especially critical in cases involving prior overstays or unlawful entries

Even couples in genuine relationships can face denials or delays if their documents are inconsistent, their history is complex, or they lack proper legal strategy.

Our Recent Approvals: Complex Cases That Required Precision and Strategy

Despite these stricter standards, our office has recently obtained multiple marriage-based adjustment of status approvals, including:

Approval #1: B-2 Entry While I-130 Was Pending- Adjustment Approved

Our client entered the United States on a B-2 visitor visa at a time when an I-130 petition filed by their U.S. citizen spouse was already pending with USCIS. This raised a potentially sensitive issue regarding nonimmigrant intent at the time of entry, a key concern for USCIS adjudicators, especially under the August 1, 2025 policy update, which calls for closer review of prior filings and timing of entry.

Despite the fact that:

• The client had a pending immigrant petition at the time of arrival, and
• The client remained in the U.S. beyond the authorized stay

We were able to successfully argue that the client remained eligible for adjustment of status under INA §245(a). Our strategy included:

• A detailed legal memorandum addressing intent at entry, with reference to recent USCIS adjudication standards and case law
• Evidence that the client entered the U.S. for temporary reasons and only decided to pursue adjustment after remaining in lawful status for a period
• Submission of comprehensive bona fide marriage evidence, including joint financial accounts, residential leases, shared bills, and photos
• Third-party affidavits, social documentation, and travel history to support the authenticity of the relationship
• Full transparency regarding the client’s immigration history, including timing of the I-130 filing and the B-2 entry

The adjustment of status application was approved without an RFE, despite the complex factual history.

This approval highlights how timing and immigration intent, while scrutinized more heavily under the new 2025 guidance, can still be overcome with the right legal framing and full documentation.

Approval #2: Derivative 245(i) Eligibility Through Mother’s I-130 + Entry Without Inspection in 1996

Another client had entered the U.S. without inspection in 1996 and had remained undocumented for decades. While she had no pending petition of her own, her mother had been the principal beneficiary of a family-based I-130 petition filed on her behalf before April 30, 2001.

As the child of the principal I-130 beneficiary, our client was eligible for derivative grandfathering under INA §245(i), a provision that allows certain individuals who entered without inspection to adjust status by paying a penalty, provided they were included in a qualifying petition filed before the April 30, 2001 cutoff date.

Despite the complexities, including a long history of unauthorized presence in the United States, we were able to prepare and file a strong marriage-based adjustment package, anchored by the client’s eligibility under §245(i). Our strategy included:

• Obtaining and submitting a copy of the original 1990s-era I-130 petition filed on behalf of his mother
• Submitting documentation confirming the client’s derivative relationship as her minor child at the time of filing
• Filing Form I-485, Supplement A to Form I-485, and the required $1,000 penalty fee
• Documenting the current bona fide marriage to a U.S. citizen, including joint finances, photos, shared residence, and community ties
• Explaining the legal basis for 245(i) eligibilityciting relevant USCIS guidance and legacy INS memos

The adjustment of status application was approved after interview, with no RFE or NOID issued. The officer accepted the client’s derivative 245(i) eligibility, confirming the long-standing legal doctrine that children of principal beneficiaries maintain 245(i) protections even if they age out or marry later so long as they were under 21 and unmarried at the time of the qualifying petition.

This case demonstrates the enduring value of 245(i) grandfathering, even decades later and how a careful legal strategy can turn into an approval under today’s stringent USCIS standards.

Approval #3: Out-of-Status Period + Multiple Legal Citations (Approved Within 3 Months)

One of our recent clients came to us with a particularly challenging history:

• Period of unlawful presence in the United States
• Multiple legal citations in both Canada and the U.S., that could have raised discretionary or admissibility concerns

After marrying a U.S. citizen, we conducted a full legal review of the client’s background and devised a tailored adjustment of status strategy. Our approach included:

• Full disclosure of the prior citations
• Extensive bona fide marriage documentation
• Supportive documentation highlighting the couple’s strong emotional, financial, and community ties

Despite the layered complications, USCIS approved the adjustment of status application within three months of filing and without issuing an RFE.

This case illustrates how complex immigration histories do not automatically lead to denials, provided the legal framework is carefully presented and documentary support is robust..

Why These Cases Were Not “Straightforward”

These approvals were not routine. USCIS now places greater emphasis on:

• Marriage validity, especially where prior filings, multiple marriages, or online/proxy marriages exist
• Immigration history, including prior overstays, unauthorized entries, and visa misuse
• Maintenance of status, especially for spouses of LPRs applying under the F2A category
• Section 245(i) eligibility, requiring precise tracking of prior family petitions and legal timelines

Each case we filed involved tailored legal arguments, detailed documentation, and sometimes interview preparation or responses to USCIS notices.

What This Means for Other Applicants

If you or your spouse:

• Entered the U.S. without inspection before 2001
• Overstayed a visa such as B-2, F-1
• Are relying on a 245(i) grandfathered petition
• Have had a prior I-130 or K-1 petition denied
• Have complicated timelines or status violations

…you may still be eligible for adjustment of status, but only with the right legal strategy and full compliance under the new 2025 USCIS policy framework.

Contact Us to Review Your Case

At The Ahluwalia Firm, we help clients navigate even the most complex marriage-based green card filings with care, precision, and strategic depth. We proudly serve individuals and families in San Jose, Santa Clara, Fremont, Sunnyvale, and the entire Bay Area, as well as clients nationwide and abroad seeking adjustment of status or consular processing support.

Don’t risk denial under USCIS’s stricter August 2025 policy. Call us today at (408) 981-7696 or schedule a consultation. Offices in San Jose and Pleasanton.