For immigrants, marrying a US citizen or a green card holder is no longer a straightforward one-way path to the American ideal. In sharp contrast to Biden-era regulations, which sometimes even waived off interviews of immigrant spouses, the American administration has implemented harsher laws to shape current immigration procedures during US President Donald Trump’s immigration crackdown.
Although there was always an interview phase for marriage-based green card applications, the administration has recently adopted a more stringent screening procedure. According to a Times of India (TOI) report, officials are asking for comprehensive papers detailing every element of partnerships, including information about the spouses’ sleeping patterns and allergies.
“Compared to the Biden years, officers will be examining more closely and using their discretion more frequently. Immigration lawyer Ashwin Sharma said TOI, “We are noticing a surge in requests for documentation, and they are already spending more time authenticating marriages.”
The Vetting Procedure
Getting through the interview is a crucial stage in obtaining the green card clearance. Officials from the US consulate will conduct the interview if the spouse requesting permanent residency lives outside of the country. US Citizenship and Immigration Services (USCIS) conducts interviews with applicants for adjustment of status who are already in the country, such as those with a non-immigrant H-1B visa.
Immigration attorneys advised applicants to make sure all of their documentation are in order and warned them to anticipate in-depth interrogation.
According to immigration lawyer Sharma, “we are seeing an increase in requests for evidence, and it is probable this pattern will soon become official policy.”
According to the experts, the couple’s story—including how they met, their intention to live together, and how they have kept their relationship going—is being closely examined by consular officials. Additionally, the full weight of proof rests on the paperwork because spouses of US citizens are not permitted to attend the visa interview in consular situations.
“The complete story must be told in the documents, including how the relationship started, the sincere desire to live as a married couple, how it has been maintained, and why it is legitimate. That entails unmistakable proof of visits, conversation, planning in common, and/or family participation,” he continued.
What Qualifies as Evidence
NPZ Law Group managing attorney Snehal Batra told TOI that candidates need to have a lot of supporting evidence ready, including shared accounts, photos, call records, money transfer receipts, and even combined life insurance plans.
She went on to say, “Be ready to respond to inquiries concerning your marital connection, including your spouse’s present job, income, level of education, and any previous marriages.”
Batra warned that a spouse may be subject to removal proceedings (deportation) if their green card is “denied due to an alleged marital fraud.”
Leniency in the Biden Era
Last year, President Joe Biden announced new regulations that would make it easier for US citizens’ undocumented spouses to apply for permanent residency.
Instead of extending eligibility for permanent residency, the new regulations made it easier for individuals who already met the requirements. This includes eliminating the application process’s requirement that they depart the nation.
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