Written/Reviewed By:
Flávio DaCosta Esq.Last Updated: May 18, 2026
Read Time: 2 mins
Recent changes in U.S. immigration policy have significantly raised risks for immigrants without lawful status who apply for a green card based on marriage or family ties.
A new USCIS (U.S. Citizenship and Immigration Services) guideline makes clear that simply filing an adjustment of status application does not prevent the government from initiating deportation proceedings, even while the application is pending.
In the past, similar cases were often set aside due to lower priority or to avoid unnecessary government spending. Today, the situation is different: ICE (Immigration and Customs Enforcement) has adopted a more proactive and stringent stance, aligned with a federal strategy to intensify enforcement and detentions.
This approach is accompanied by other tough measures, such as the expansion of expedited removal, the application of civil and criminal penalties, and more recently, the removal of age limits for new ICE agent recruits. Now, anyone aged 18 and older can apply, with no upper age limit, as part of an expansion effort that includes hiring bonuses up to $50,000, student loan forgiveness, and additional incentives for overtime.
These initiatives are part of a massive budget project dubbed the One Big Beautiful Bill allocating billions of dollars to increase detention capacity and aim for up to 1 million deportations per year. Detention centers, whether public, private, or military, are being expanded, and weekly operations in multiple cities have become more frequent.
What this means for immigrants:
Real risk of deportation even with ongoing cases.
More intense enforcement and a predicted surge in detentions.
Minimal margin for procedural errors any missing documentation or lack of evidence can lead to denial of the application and immediate removal proceedings.
Despite the toughening, U.S. law still provides waivers for applicants married to U.S. citizens, even if out of status or working without authorization. However, in this increasingly strict and unpredictable environment, having specialized legal representation is no longer just advisable it has become essential to protect rights, avoid mistakes, and improve chances of success.
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