Washington: The Green Card is one of the most coveted and sought-after documents among immigrants in the US as it puts people on the path to American citizenship.
Officially known as Permanent Resident Card, holders of Green Card enjoy many of the rights that American citizens are entitled to.
A commonly-used method to acquire a Green Card is to marry an American citizen.
According to the US Citizenship and Immigration Services (USCIS), an American citizen’s spouse falls under the category of an ‘immediate relative of a US citizen’. Under US law, immediate relatives are eligible to apply for Green Card.
However, being a spouse of an American citizen will no longer guarantee a Green Card, according to Brad Bernstein, an immigration attorney.
Brad Bernstein, an American immigration attorney, however, has warned that mere marriage is no longer a guarantor for Green Cards.
Marriage-based Green Card applications are being examined more closely under the Donald Trump administration.
Now, officials are placing greater emphasis on whether a marriage is genuine, rather than merely legal on paper.
This is part of enhanced scrutiny on the Green Card programme, which was set in motion after Trump took charge for his second Presidency term a year ago by suspending the Diversity Visa (DV) Lottery. The lottery system offered up to 50,000 immigrants visas every year through a random selection process to people from countries with low levels of immigration to the United States.
“Being in a relationship does not get you a Green Card. Living together gets you a Green Card,” said Bernstein, who has over 30 years of experience.
In a word of caution, Bernstein said that married couples living separately are at immediate risk of having their applications rejected. “If spouses do not share a home, then their Green Card case is already going down,” he said in a video shared on Facebook.
In marriage-based cases, “immigration officers do not care why you live apart, and they do not care if it’s for work, school, money, or convenience.”
Bernstein pointed out cohabitation is the principal factor, and that US officials “only care whether you actually live together as husband and wife.”
As per immigration rules, a bona fide marriage is one in which spouses share a home on a daily basis.
“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,” Bernstein advised.
He further said that spouses living apart are most likely to invite closer scrutiny, like marriage fraud probes, interview hurdles and outright denials. “If you’re married and not living together full time, you need legal guidance before you file anything,” he said.
USCIS does not rely only on addresses for scrutiny. Officers assess the totality of the relationship to determine whether the marriage was entered into in good faith, and not solely for immigration benefits, Bernstein said.
In line with Trump’s long-standing goal of clamping down on immigration, USCIS has cut down duration of work permits for Green Card applicants to 18 months.
The US President has also ordered a comprehensive review of all Green Cards held by permanent residents from 19 countries previously classified as ‘countries of concern’.
His decision came after the killing of two National Guard personnel in Washington DC, and a mass shooting at Brown University, both carried out by immigrants holding Green Cards.
