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, and officials are taking a harder look at whether a marriage is genuine in daily life.
This shift in approach has significant implications for couples who are navigating the complex process of obtaining a Green Card through marriage. In the past, marrying a US citizen was often seen as a straightforward way to gain permanent residency in the United States. However, with the increased scrutiny of marriage-based applications, couples must now be prepared to provide extensive evidence of their relationship and demonstrate that their marriage is bona fide.
One of the key factors that officials are looking at is whether the couple lives together. Couples who are legally married but live apart are increasingly at risk of rejection, according to Bernstein. This is because officials are assessing whether the marriage is genuine and not just a means to gain immigration benefits. If a couple is living apart, it can raise suspicions that the marriage is not legitimate, and their application may be denied.
So, what does this mean for immigrants who are seeking to obtain a Green Card through marriage? First and foremost, it is essential to understand that the process of obtaining a Green Card is complex and can be lengthy. It requires a significant amount of documentation and evidence, including proof of the marriage, proof of the US citizen spouse’s citizenship, and proof that the foreign-born spouse is admissible to the United States.
In addition to providing the necessary documentation, couples must also be prepared to demonstrate that their marriage is genuine. This can include providing evidence of joint financial accounts, joint tax returns, and other documentation that shows that the couple is financially intertwined. Couples may also be required to provide evidence of their daily life together, such as photographs, letters, and other correspondence.
It is also important to note that the process of obtaining a Green Card through marriage is not just about filling out forms and providing documentation. It also involves an interview with an immigration officer, who will assess the couple’s relationship and determine whether the marriage is bona fide. This interview can be a critical component of the process, and couples must be prepared to answer questions about their relationship and provide evidence to support their application.
In light of the increased scrutiny of marriage-based Green Card applications, it is more important than ever for couples to seek the advice of an experienced immigration attorney. An attorney can help guide couples through the complex process of obtaining a Green Card and ensure that they are providing the necessary documentation and evidence to support their application.
Furthermore, couples must be aware of the potential risks and consequences of a denied application. If an application is denied, the foreign-born spouse may be subject to deportation proceedings, and the couple may face significant delays and obstacles in their efforts to obtain a Green Card. In some cases, a denied application can also lead to a ban on re-entry into the United States, making it even more difficult for the couple to be reunited.
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, and officials are taking a harder look at whether a marriage is genuine in daily life. Couples who are navigating this process must be prepared to provide extensive evidence of their relationship and demonstrate that their marriage is bona fide. With the help of an experienced immigration attorney, couples can ensure that they are taking the necessary steps to obtain a Green Card and build a life together in the United States.
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