Increasing Scrutiny on Immigration Marriage Claims
Immigration attorneys are expressing concern that federal authorities are becoming more skeptical regarding claims of legal marriage to American citizens.
This shift in policy aligns with the Trump administration’s efforts to combat rising instances of marriage-related visa fraud, where immigrants sometimes cover short-term wedding costs for U.S. citizens.
While marrying a U.S. citizen has traditionally bolstered an immigrant’s chances of obtaining a green card, that situation appears to be evolving. Attorneys are noticing that the U.S. Citizenship and Immigration Services (USCIS) is applying much stricter standards to these married couples.
Brad Bernstein, an immigration attorney from Spar & Bernstein, cautions his clients that marriage is no longer a reliable pathway to secure legal residency. According to him, immigration officials increasingly emphasize the cohabitation requirement, which hasn’t been a focal point in the past.
He elaborated, stating that reasons for separation—such as work or education—are irrelevant to immigration officials. “If you don’t live together every day, they will have doubts about the validity of your marriage,” Bernstein said. “Once they start to question it, they’ll conduct investigations, and you could face denial.”
The USCIS has reiterated that marriages with Americans must be authentic. They will deny green cards to individuals who enter a marriage purely for convenience or without the intention to genuinely live together as spouses.
In a November announcement, the administration even indicated it might reassess the status of immigrants already holding green cards. USCIS Director Joseph Edlow stated, “At the direction of @POTUS, I have ordered a comprehensive reexamination of all green cards for non-citizens from countries of concern.”
He emphasized that protecting the nation and its people remains a top priority, asserting that Americans should not bear the consequences of previous immigration policies. “America’s security is non-negotiable,” he added.
Additionally, the administration has discontinued the Diversity Visa Lottery program, which annually permits around 500,000 immigrants into the United States. This decision followed the indictment of Claudio Manuel Neves Valente, a Portuguese individual suspected of involvement in violent incidents at Brown University and MIT. He had previously secured legal status through the 2017 lottery.
