Immigrants outside India regard the Permanent Resident Card, also known as the Green Card, as the rightful permit on the path to American citizenship. Though Green Card holders are not equal to full-blown American citizens, they do get to enjoy some of the same rights. Until now, one of the common methods to fast-track your route to getting a Green Card was to get married to an American citizen. However, marriage to an American citizen no longer guarantees a Green Card, as per an India Today report citing an immigration attorney.
According to the US Citizenship and Immigration Services (USCIS), a spouse of a US citizen falls under the category of an “immediate relative of a US citizen.” Under US law, immediate relatives, including husbands and wives of American citizens, are eligible to apply for a Green Card”. Brad Bernstein, an American immigration attorney, however, has warned that mere marriage is no longer a guarantor for Green Cards.
Under the current administration, marriage-based Green Card applications are being examined more closely. Officials have started paying attention to whether a marriage is genuine rather than just legal on paper. This new checking method is part of heightened scrutiny of the Green Card programme, which earlier saw the Trump administration suspend the Diversity Visa (DV) lottery, under which close to 50,000 immigrants were given visas every year through a random selection process to people from countries with low levels of immigration to the United States.
Not Just Legal Marriage Certificate, Cohabitation a Must for Green Card: Experts
Lawyers aware of the new changes cautioned that married couples who are living separately are at immediate risk of having their applications rejected. As per the new immigration rules, a bona fide marriage is viewed as one in which spouses share a home on a daily basis.
Bernstein said that living apart would be one of the quickest ways to invite closer scrutiny, including marriage fraud probes, interview hurdles, and outright denials. “If you are married and not living together full time, you need legal guidance before you file anything.”
USCIS Will Try to Find Out Whether the Marriage Is in Good Faith
As per the new changes and heightened scrutiny, US Citizenship and Immigration Services will not rely on addresses alone. Under its policy framework, officers will assess the totality of the relationship to determine whether the marriage was entered into in good faith and not solely for immigration benefits.
The USCIS notes that a marriage can satisfy legal formalities yet still be denied if the couple had “no good faith intent to live together as spouses and intended to circumvent immigration laws.”
These new developments come as the Trump administration seeks to clamp down on immigration by tightening key pathways such as the Green Card programme. The US Citizenship and Immigration Services has significantly reduced the duration of work permits for Green Card applicants to 18 months.
President Donald Trump has also ordered a comprehensive review of all Green Cards held by permanent residents from 19 countries previously classified as countries of concern. This move comes after the killing of two National Guard personnel in Washington, DC, and a mass shooting at Brown University, both of which were carried out by immigrants holding Green Cards.
