Marrying US citizen no longer guarantees a Green Card: Immigration attorney
The notion that marrying a US citizen is a guaranteed pathway to obtaining a Green Card has been a long-standing one. However, according to Brad Bernstein, an American immigration attorney, this is no longer the case. Under the Trump administration, marriage-based Green Card applications are being scrutinized more closely than ever before. The days of assuming that a marriage to a US citizen automatically qualifies an individual for a Green Card are behind us.
The Trump administration’s stricter stance on immigration has led to a significant increase in the scrutiny of marriage-based Green Card applications. Officials are now assessing whether a marriage is genuine in daily life, taking into account various factors such as the couple’s living arrangements, financial situation, and social interactions. This means that couples who are legally married but live apart are increasingly at risk of rejection.
The reasoning behind this increased scrutiny is to prevent sham marriages, where individuals marry solely for the purpose of obtaining a Green Card. While this is understandable, it also means that genuine couples may find themselves facing unnecessary hurdles in their pursuit of a Green Card. Bernstein warns that couples who are legally married but do not live together, or who do not have a strong paper trail to demonstrate the legitimacy of their marriage, may find themselves at risk of rejection.
So, what does this mean for immigrants who are considering marrying a US citizen in the hopes of obtaining a Green Card? Firstly, it is essential to understand that the process of obtaining a Green Card through marriage is no longer a straightforward one. Couples will need to provide extensive documentation to prove the legitimacy of their marriage, including proof of cohabitation, joint financial accounts, and social media records.
In addition to providing documentation, couples will also need to prepare for a rigorous interview process. This may involve separate interviews with each partner, as well as a joint interview. The purpose of these interviews is to assess the legitimacy of the marriage and to identify any potential red flags. Couples who are unable to demonstrate a genuine and ongoing relationship may find themselves at risk of rejection.
It is also worth noting that the process of obtaining a Green Card through marriage can be a lengthy and expensive one. Couples may need to hire an immigration attorney to guide them through the process, which can be costly. Additionally, the processing times for Green Card applications can be significant, with some applications taking several months or even years to be processed.
So, what can couples do to increase their chances of a successful Green Card application? Firstly, it is essential to ensure that the marriage is genuine and that the couple can demonstrate a strong paper trail to support their application. This may involve creating joint financial accounts, cohabiting, and engaging in regular social interactions. Couples should also be prepared to provide extensive documentation to support their application, including proof of income, employment, and education.
In addition to these steps, couples may also want to consider hiring an immigration attorney to guide them through the process. An experienced attorney can help couples to navigate the complex and often confusing process of obtaining a Green Card, and can increase their chances of a successful application.
In conclusion, marrying a US citizen is no longer a guaranteed pathway to obtaining a Green Card. Under the Trump administration, marriage-based Green Card applications are being scrutinized more closely than ever before, and couples who are legally married but live apart are increasingly at risk of rejection. To increase their chances of a successful application, couples will need to provide extensive documentation to prove the legitimacy of their marriage, prepare for a rigorous interview process, and be prepared to hire an immigration attorney to guide them through the process.
As the immigration landscape continues to evolve, it is essential for couples to stay informed and to seek professional advice when navigating the complex process of obtaining a Green Card. By understanding the requirements and potential pitfalls of the process, couples can increase their chances of a successful application and avoid unnecessary delays and complications.
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