Experts say that living together as a couple is now one of the most important conditions for approval.
Marrying a US citizen does not automatically lead to a Green Card anymore, according to a senior US immigration attorney.
Experts say that living together as a couple is now one of the most important conditions for approval.
While Green Card holders do not have the same status as full American citizens, they possess numerous comparable rights. A frequently utilized approach to obtain a Green Card is by marrying a U.S.
While marrying a Citizen of the United States (USC) used to be an assurance to get a Green Card, that is no longer true, according to an Immigration Attorney.
The spouse of a USC is considered to be an Immediate Relative of a USC under the laws of the United States. Therefore, the USC’s spouse, as an Immediate Relative, may file a petition to become eligible for a Green Card.
Brad Bernstein, an American immigration lawyer, has cautioned that just getting married is no longer a sure way to obtain Green Cards.
During the present Donald Trump administration, applications for marriage-based Green Cards are scrutinized more thoroughly, with officials focusing more on the authenticity of the marriage instead of just its legal status.
This is part of increased examination on the Green Card program that led the Trump administration to halt the Diversity Visa (DV) Lottery, which provided up to 50,000 immigrant visas annually through a random selection system for individuals from countries with minimal immigration to the United States.
“Having a partner does not guarantee a Green Card.” “Cohabiting can lead to a Green Card,” stated Brad Bernstein, who has more than 30 years of experience and is a member of the legal team at the Law Offices of Spar & Bernstein.
Brad Bernstein warned that married couples living apart face an immediate threat of having their applications denied. “If partners do not live together, their Green Card application is already at risk,” he stated.
In a Facebook video, he remarked that in cases based on marriage, “immigration officials have no interest in the reasons you live separately, whether it’s due to work, school, finances, or convenience.”
Bernstein asserts that cohabitation is the crucial element. US authorities, he stated, “only concern themselves with whether you truly cohabit as a married couple”.
He stated that immigration regulations consider a genuine marriage to be one where partners live together on a daily basis.
Bernstein mentioned that living separately is one of the fastest methods to attract increased examination, such as marriage fraud investigations, interview obstacles, and outright rejections.
“If you are married but not cohabiting full-time, you should seek legal advice before submitting any documents,” he stated.
Brad Bernstein states that the US Citizenship and Immigration Services (USCIS) does not depend solely on addresses. Within its policy framework, officials evaluate the entire relationship to ascertain if the marriage was undertaken in good faith and not merely for immigration advantages.
USCIS states that a marriage may meet legal requirements but can still be rejected if the pair lacked “good faith, the intention to cohabit as spouses, and aimed to evade immigration regulations.”
These changes occur as the Trump administration aims to restrict immigration by reinforcing significant channels like the Green Card program. The US Citizenship and Immigration Services has shortened the validity of work permits for Green Card applicants to 18 months.
President Donald Trump has mandated a thorough examination of all Green Cards owned by permanent residents from 19 nations formerly identified as “countries of concern”.
The action comes after the deaths of two National Guard members in Washington, DC, and a mass shooting at Brown University, both committed by immigrants with Green Cards.
