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 assumption among immigrants. 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, with officials carefully assessing whether a marriage is genuine in daily life. This shift in policy has significant implications for couples who are navigating the complex process of obtaining a Green Card.
In the past, marrying a US citizen was often seen as a straightforward way to obtain a Green Card. The process typically involved filing an application, attending an interview, and waiting for the Green Card to be approved. However, the Trump administration’s increased focus on immigration enforcement has led to a more rigorous examination of marriage-based Green Card applications. As a result, couples who are legally married but live apart are increasingly at risk of rejection.
The main reason for this increased scrutiny is to prevent fraudulent marriages, where individuals marry solely for the purpose of obtaining a Green Card. While this is understandable, the new policy has also caught many genuine couples in its net. These couples, who are often forced to live apart due to work or family commitments, are now facing significant challenges in their bid to obtain a Green Card.
According to Bernstein, the key factor in determining whether a marriage is genuine is the level of interaction and cohabitation between the couple. Officials will examine a range of factors, including the couple’s living arrangements, financial records, and social media activity, to assess whether the marriage is legitimate. This means that couples who are married but do not live together, or who do not have a significant amount of interaction, may be viewed with skepticism by immigration officials.
So, what do immigrants need to know about the new policy? Firstly, it is essential to understand that marrying a US citizen is no longer a guarantee of obtaining a Green Card. Couples must be prepared to provide extensive documentation and evidence to support their application, including proof of cohabitation, joint financial records, and testimony from friends and family members.
Secondly, couples who are married but live apart must be prepared to provide a compelling explanation for their living arrangements. This could include documentation of work commitments, family obligations, or other factors that prevent them from living together. It is also crucial to demonstrate a high level of interaction and communication between the couple, including regular phone calls, video chats, and visits.
Thirdly, couples must be aware of the potential risks of rejection. If an application is rejected, the couple may be forced to appeal the decision, which can be a lengthy and costly process. In some cases, the non-US citizen spouse may be required to leave the country while the appeal is being processed, which can cause significant disruption to their life and livelihood.
Finally, it is essential to seek the advice of an experienced immigration attorney, such as Brad Bernstein, who can guide couples through the complex process of obtaining a Green Card. An attorney can help couples prepare their application, gather the necessary documentation, and represent them at interviews and appeals.
In conclusion, the notion that marrying a US citizen guarantees a Green Card is no longer accurate. Under the Trump administration, marriage-based Green Card applications are being examined more closely, with officials assessing whether a marriage is genuine in daily life. Couples who are legally married but live apart are at risk of rejection, and must be prepared to provide extensive documentation and evidence to support their application. By understanding the new policy and seeking the advice of an experienced immigration attorney, couples can navigate the complex process of obtaining a Green Card and build a life together in the United States.
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