Marrying US Citizen No Longer Guarantees a Green Card: Immigration Attorney
The United States has long been a destination for individuals seeking a better life, and one of the most common ways to obtain permanent residency is through marriage to a US citizen. However, according to Brad Bernstein, an American immigration attorney, marrying a US citizen no longer guarantees a Green Card. The Trump administration has implemented stricter regulations, and marriage-based Green Card applications are being scrutinized more closely than ever before.
In the past, marrying a US citizen was often seen as a straightforward path to obtaining a Green Card. The process typically involved the US citizen spouse sponsoring the foreign-born spouse, and after a series of interviews and background checks, the foreign-born spouse would be granted permanent residency. However, under the current administration, the rules have changed, and the process has become more complex.
According to Bernstein, immigration officials are now assessing whether a marriage is genuine in daily life. This means that couples who are legally married but live apart are increasingly at risk of rejection. The US Citizenship and Immigration Services (USCIS) is looking for evidence that the couple has a bona fide marriage, which includes shared financial responsibilities, joint ownership of property, and a demonstrated commitment to one another.
The increased scrutiny of marriage-based Green Card applications is part of a broader effort by the Trump administration to crack down on immigration. The administration has implemented a number of policies aimed at reducing the number of immigrants entering the country, including stricter vetting procedures and increased enforcement of existing laws.
For couples who are seeking to obtain a Green Card through marriage, the new regulations can be daunting. The process is already complex and time-consuming, and the added scrutiny can make it even more challenging. Bernstein advises couples to be prepared to provide extensive documentation, including proof of joint financial accounts, utility bills, and other evidence of a shared life.
In addition to the increased scrutiny of marriage-based Green Card applications, the Trump administration has also implemented other policies that affect immigrants. The “public charge” rule, which went into effect in February 2020, allows immigration officials to deny Green Cards to applicants who are deemed likely to become a public charge. This means that applicants who have used public benefits, such as food stamps or Medicaid, may be at risk of rejection.
The increased scrutiny of marriage-based Green Card applications and the implementation of the public charge rule are just two examples of the ways in which the Trump administration is seeking to reduce immigration. The administration has also implemented a travel ban targeting predominantly Muslim countries, and has increased enforcement of existing laws, including the deployment of immigration agents to cities across the country.
For individuals seeking to obtain a Green Card through marriage, the new regulations can be confusing and intimidating. However, it is essential to understand the process and the requirements for obtaining a Green Card. Bernstein advises couples to seek the advice of an experienced immigration attorney, who can guide them through the process and help them navigate the complex regulations.
In conclusion, marrying a US citizen no longer guarantees a Green Card. The Trump administration’s increased scrutiny of marriage-based Green Card applications and the implementation of stricter regulations have made the process more complex and challenging. Couples who are seeking to obtain a Green Card through marriage must be prepared to provide extensive documentation and demonstrate a bona fide marriage. While the process can be daunting, it is essential to understand the requirements and to seek the advice of an experienced immigration attorney.
As the US immigration landscape continues to evolve, it is crucial for individuals seeking to obtain a Green Card to stay informed about the latest developments and regulations. Whether you are a US citizen seeking to sponsor a foreign-born spouse or an individual seeking to obtain a Green Card through marriage, it is essential to understand the process and the requirements for obtaining permanent residency.
About the Author
