Marrying US citizen no longer guarantees a Green Card: Immigration attorney
The United States has long been a beacon for individuals seeking a better life, with many hoping to obtain a Green Card to live and work in the country. For years, marrying a US citizen was considered a straightforward path to obtaining a Green Card, but this is no longer the case. According to Brad Bernstein, an American immigration attorney, marrying an American no longer guarantees a Green Card. In recent years, the Trump administration has increased scrutiny of marriage-based Green Card applications, making it more challenging for couples to navigate the process.
Under the current administration, officials are taking a closer look at 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 emphasis on assessing the authenticity of a marriage has significant implications for immigrants seeking to obtain a Green Card through marriage. Bernstein’s revelation highlights the need for couples to be aware of the changing landscape of immigration law and to take steps to demonstrate the legitimacy of their relationship.
To understand the current state of marriage-based Green Card applications, it is essential to examine the process and the factors that immigration officials consider when evaluating these applications. The process typically begins with the US citizen spouse filing a petition on behalf of their foreign-born spouse. The petition, known as Form I-130, is submitted to US Citizenship and Immigration Services (USCIS) and requires documentation to establish the legitimacy of the marriage.
Once the petition is approved, the foreign-born spouse can apply for a Green Card through the adjustment of status process or through consular processing at a US embassy or consulate abroad. However, as Bernstein noted, the increased scrutiny of marriage-based applications means that couples must be prepared to provide extensive documentation and evidence to demonstrate the authenticity of their relationship.
One of the primary factors that immigration officials consider when evaluating marriage-based Green Card applications is the couple’s living arrangements. Couples who are legally married but live apart may be viewed with skepticism, and their application may be at risk of rejection. This is because immigration officials are looking for evidence that the marriage is genuine and not solely for the purpose of obtaining a Green Card.
To demonstrate the legitimacy of their relationship, couples may need to provide documentation such as joint bank statements, utility bills, and rental agreements. They may also be required to attend an interview with immigration officials, where they will be asked questions about their relationship, including how they met, their wedding, and their daily life together.
The increased scrutiny of marriage-based Green Card applications has significant implications for immigrants seeking to obtain a Green Card through marriage. Couples who are considering applying for a Green Card through marriage must be aware of the changing landscape of immigration law and take steps to demonstrate the legitimacy of their relationship.
In addition to providing documentation and evidence, couples can take other steps to strengthen their application. For example, they can create a joint bank account, combine their finances, and make sure that their living arrangements reflect a genuine marital relationship. They can also gather evidence of their relationship, such as photos, letters, and witness statements.
The Trump administration’s increased scrutiny of marriage-based Green Card applications is part of a broader effort to reform the US immigration system. The administration has implemented a range of policies aimed at reducing immigration and increasing enforcement, including the travel ban, the border wall, and increased deportations.
While the administration’s efforts to reform the immigration system are ongoing, it is essential for immigrants seeking to obtain a Green Card through marriage to be aware of the changing landscape of immigration law. By understanding the factors that immigration officials consider when evaluating marriage-based Green Card applications, couples can take steps to demonstrate the legitimacy of their relationship and increase their chances of a successful application.
In conclusion, marrying a US citizen is no longer a guarantee of obtaining a Green Card. The increased scrutiny of marriage-based Green Card applications under the Trump administration means that couples must be prepared to provide extensive documentation and evidence to demonstrate the authenticity of their relationship. By understanding the process and the factors that immigration officials consider, couples can take steps to strengthen their application and increase their chances of a successful outcome.
As the US immigration system continues to evolve, it is essential for immigrants seeking to obtain a Green Card through marriage to stay informed about the latest developments and changes. By working with an experienced immigration attorney and taking steps to demonstrate the legitimacy of their relationship, couples can navigate the complex and ever-changing landscape of US immigration law.
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