On August 1, 2025, U.S. Citizenship and Immigration Services (USCIS) released new guidance on family-based immigration. The update brings greater clarity to eligibility rules, filing processes, required documentation, interview procedures and how petitions are adjudicated. While these changes are directed at family immigration, they also have important implications for business professionals, employers and employees managing cross-border moves.
What Has Changed
The policy update consolidates and clarifies existing rules to create more consistency in how officers handle family-based petitions. It explains when the Department of State may accept a petition filed directly abroad, how USCIS will evaluate multiple or related petitions, and under what circumstances an interview will be required. Importantly, USCIS also emphasized that approval of a petition does not confer immigration status and may be followed by a Notice to Appear if the beneficiary is otherwise removable.
Marriage-Based Petitions Require Careful Planning
For couples, timing is critical. Many wait at least 90 days after entering the United States before marrying to avoid questions about misrepresentation under the State Department’s “90-day rule.” But that waiting period can create its own challenges. Most visitors are admitted for up to six months, and if marriage and filing are delayed, some couples risk running out of time before their authorized stay expires. In those cases, applying through a U.S. consulate abroad may be the more secure route.
Another key issue is travel after filing. Once someone applies for adjustment of status using Form I-485, they generally cannot leave the United States unless they first obtain advance parole. Departing without it usually means the application will be considered abandoned. There are very limited exceptions for certain H, L, K and V visa holders, but most applicants must remain in the country until advance parole is approved.
Finally, it is important to understand that a pending application does not create lawful status. While it allows a person to remain in the U.S. during adjudication, it does not shield them from removal if they are otherwise deemed removable.
Why Employers and Employees Should Pay Attention
For employers, these developments matter because they affect relocation timelines, hiring and the stability of work authorizations. Delays caused by timing issues, abandoned filings or unexpected travel restrictions can create both personal and business disruption.
For employees, particularly those balancing professional responsibilities with family immigration, careful planning is essential. Decisions about when to marry, whether to adjust status in the U.S. or process through a consulate, and how to plan for travel can all carry significant consequences.
The USCIS update reinforces the need for careful preparation in family-based immigration, particularly when marriage and employment considerations intersect. Employers and employees should account for timing rules, travel restrictions and the limits of pending applications to reduce risk.
At Ackah Business Immigration Law, we specialize in business immigration and work closely with clients to build custom cross-border strategies and manage every detail of the application process. Our team is here to guide you through these updates and ensure a smooth immigration journey for you, your employees and your families.
Considering a move to Canada or the United States for business or investment? Contact Ackah Law today to schedule an initial call with a client engagement coordinator to learn how we can help.
