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Immigration lawyers are warning that federal agencies are increasingly skeptical when migrants claim to have legitimate marriages with Americans.
The policy shift comes after President Donald Trump’s deputies began cracking down on rising rates of marriage-related visa fraud by migrants who pay Americans for temporary marriages.
While marrying a U.S. citizen has never been a locked-in guarantee that a migrant would be issued a green card, marriages have previously offered a huge boost to a migrant’s request for legal status. But that may be changing as immigration attorneys are finding that U.S. Citizenship and Immigration Services (USCIS) are giving such marriages much closer scrutiny than ever before.
Immigration attorney Brad Bernstein of Spar & Bernstein is warning his clients that marrying a U.S. citizen is no longer the near-guarantee of legal residence for foreign nationals, NDTV reported.
One new wrinkle in requests for marriage-related green cards is residency. The Trump administration is prioritizing a shared domicile for the migrant and the U.S. citizen, a requirement that was not prioritized in the past. Bernstein says.
“Immigration officers do not care why you live apart, and they do not care if it’s for work, school, money, or convenience,” the attorney added.
“So, if you’re not living in the same house every day, immigration is going to start questioning the marriage. And once they question it, they’re investigating, and once they come knocking on your door, they’re looking to deny you. So, if you want a marriage green card, you live together. Period,” he explained. --->READ MORE HERE'Marriage Not Enough For Green Card': US Immigration Attorney Warns Couples:
According to immigration attorney Brad Bernstein of Spar & Bernstein, marriage-based Green Card applications are facing heightened scrutiny under the current Trump administration.
A Green Card, officially called a Permanent Resident Card, grants a foreign national the legal right to live and work permanently in the US. One can get a Green Card by marrying an American citizen. However, an immigration attorney has thrown light on the fact that marrying a US citizen will no longer guarantee a Green Card.
Green Card holders are formally known as lawful permanent residents (LPRs). They can apply for US citizenship after meeting certain requirements. Usually, they need to live in the US continuously for a certain period, typically 1 to 5 years, and show good moral character.
According to immigration attorney Brad Bernstein of Spar & Bernstein, marriage-based Green Card applications are facing heightened scrutiny under the current Trump administration. Officials are now prioritising proof that the marriage is bona fide, rather than entered into solely for immigration benefits, with factors like living apart often triggering deeper fraud investigations and potential denials.
"If spouses do not share a home, then their Green Card case is already going down," Bernstein said. "Being in a relationship does not get you a Green Card. Living together gets you a Green Card."
In a Facebook video, he said that the immigration officials will check if the husband and wife live together. "Immigration officers do not care why you live apart, and they do not care if it's for work, school, money, or convenience," he said.
"So, if you're not living in the same house every day, immigration is going to start questioning the marriage. And once they question it, they're investigating, and once they come knocking on your door, they're looking to deny you. So, if you want a marriage green card, you live together. Period," he added. --->READ MORE HERE
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