Marrying US Citizen No Longer Guarantees a Green Card: Immigration Attorney
The United States has long been a beacon for immigrants seeking a better life, and one of the most common ways to obtain a Green Card has been through marriage to a US citizen. However, according to American immigration attorney Brad Bernstein, this is no longer a guaranteed path to permanent residency. In an effort to crack down on immigration fraud, the Trump administration has increased scrutiny on marriage-based Green Card applications, making it more difficult for couples to prove the legitimacy of their relationship.
Under the current administration, officials are taking a closer look at whether a marriage is genuine in daily life, rather than just on paper. This means that couples who are legally married but live apart are increasingly at risk of rejection. Bernstein warns that the US Citizenship and Immigration Services (USCIS) is now more likely to deny Green Card applications from couples who cannot demonstrate a shared life, including joint bank accounts, shared living arrangements, and other evidence of a genuine marital relationship.
This shift in policy has significant implications for immigrants who are seeking to obtain a Green Card through marriage. In the past, marrying a US citizen was often seen as a straightforward way to gain permanent residency, but now couples must be prepared to provide extensive documentation and evidence of their relationship. This can be a daunting and intimidating process, especially for those who are not familiar with the US immigration system.
So, what do immigrants need to know about the new marriage-based Green Card application process? First and foremost, it is essential to understand that the USCIS is looking for evidence of a bona fide marriage, which means a marriage that is entered into for love and companionship, rather than solely for the purpose of obtaining a Green Card. Couples must be prepared to provide documentation that demonstrates their shared life, including joint tax returns, bank statements, and rental agreements.
In addition to providing documentation, couples may also be required to attend an interview with a USCIS officer. This interview is an opportunity for the officer to assess the legitimacy of the marriage and ask questions about the couple’s relationship. Bernstein advises couples to be prepared to answer questions about their daily life, including how they met, how they communicate, and how they make financial decisions. Couples who are unable to provide satisfactory answers to these questions may be at risk of having their application denied.
Another important factor to consider is the concept of “living apart” and how it may affect a Green Card application. Couples who are legally married but live in separate residences may be viewed with skepticism by USCIS officials, who may question the legitimacy of their marriage. Bernstein notes that this can be a particular challenge for couples who are in long-distance relationships or who have other circumstances that require them to live apart.
So, what can couples do to increase their chances of a successful Green Card application? First and foremost, it is essential to seek the advice of an experienced immigration attorney who can guide them through the process. An attorney can help couples understand what documentation is required and how to prepare for the USCIS interview. Additionally, couples should be prepared to provide extensive evidence of their relationship, including photos, emails, and other correspondence.
In conclusion, marrying a US citizen is no longer a guaranteed path to a Green Card. The Trump administration’s increased scrutiny on marriage-based Green Card applications means that couples must be prepared to provide extensive documentation and evidence of their relationship. Immigrants who are seeking to obtain a Green Card through marriage must understand the new requirements and be prepared to navigate the complex and often intimidating US immigration system. With the right guidance and preparation, however, couples can still achieve their dream of building a life together in the United States.
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