President Donald Trump’s government has made significant changes to immigration proceduresincluding requests for Like-minded Permanent Residence or Green Card by marriage.
Those who are adjusting their immigration status through their US citizen or permanent resident spouse should know two things. The first, because it is an immediate relative, the visas are not subject to the annual limits, although the waiting times vary in each case and can be from six months to 14 months, in the case of spouses of citizens. The second, that as in other immigration matters, the Donald Trump government has intensified the requirements to prevent fraud and this means that hiding relevant information or making significant errors places you at risk of being detained or deported.
In fiscal year 2023, the United States granted 1.17 million green cards in all categories: acquainted, work, diversity visa lottery, and humanitarian reasons. Nearly one million green cards were issued in the first three quarters of fiscal year 2024.
In fiscal year 2024, green card applications (I-485) by family members, which includes spouses of citizens or permanent residents, totaled 473,464. Of these, 412,475 were approved and 47,496 were denied. The average time for the process was nine months.
In recent months the press has reported cases of immigrants married to citizens or permanent residents who have been detained by immigration agents even in the middle of the appointment where they were supposed to get their resident card.
Since last year, the United States Citizenship and Immigration Services (USCIS) has toughened the process of proving that it is a marriage in good faith and the scrutiny of the applicant’s background is more rigorous and this includes not only their history but even what is said on social networks. And the goal of this administration is to detain and deport. That is why it is important to avoid omissions and errors that can turn your dream into a nightmare.
Immigration attorney David Leopold, former president of the National Immigration Lawyers Association (AILA), and an expert on this topic, addressed the importance of understanding the right context regarding the marriage petition.
Has the immigration adjustment process been complicated by a citizen or permanent resident spouse?
“Every case is different and all the circumstances are different. But it is traditional for people to be aware that when they apply for a green card through their spouse, the onus is on them to prove that the marriage is authentic. That means they have to reveal everything. They have to provide proof that the couple is living together in a marital union. In addition, it is very important to know that the person’s history is investigated. If there is any type of stain appropriate type, criminal convictions, even misdemeanors, any crime that may have involved a child, such as leaving to a child in a car without supervision, these types of things will come to light. So, if you have any of those problems, it is very important that you talk to an attorney before filing for a marriage green card.”
What precautions should couples take?
“First, before going to the adjustment of status appointment, the couple should review the application to make sure no mistakes have been made. All of these can be corrected. It’s okay if a mistake has been made, just make sure that, at the interview, you tell the official that a mistake has been made and that you want to correct it.
“You have to be very careful not to declare anything incorrectly. What they are going to check is when was the last time they entered the United States to make sure that they did not leave the country while their application was pending, since that, in many cases, will lead to the application being denied due to abandonment.
“The other thing they’re going to check is whether you’ve ever claimed to be a U.S. citizen in any context, including on the I-9 form when applying for a job. That’s why it’s important to check your background.
“Be sure to bring photos of you and your spouse together, any other documents that prove you live together (rental agreements or mortgages), tax returns, insurance policies, home correspondence, bank accounts, driver’s licenses, birth certificates of any children in common, and, of course, bring your identification documents.
“And remember, everything you say is under oath and recorded. It’s really bad thinking to state something incorrectly. You could be charged with a crime, and of course, it could result in a denial of your green card application, and it could lead to deportation from the United States.
“Another thing to be very careful about is if you have ever appeared before an immigration judge. Make sure you know what happened before that judge because if the judge issued a deportation order, you will most likely be arrested at the same interview if you are subject to a final deportation order, as they will check your name and your number, match your date of birth, and do all kinds of background checks.”
Who is at risk of being detained and why?
“Anyone with a criminal conviction, who has appeared before an immigration judge, who has had any type of run-in with an immigration court or with ICE, is at risk, so all of those things must be verified before applying for a green card through adjustment of status.
“In addition, under the right administration, anyone who is not in an appropriate type immigration status at the time of appearing before the USCIS officer could be detained. We have seen people with DACA being detained. We have seen the detention of people whose visas have expired and who remain in the country with an adjustment of status application, even if it is a period of authorized stay.
“That’s why it’s really important that, if you find yourself in those circumstances, A) don’t apply until you’ve spoken to an attorney, and B) hire an attorney to review the application with you if you’ve already filed it, or to file it if you haven’t already, and have that attorney represent you at the interview. My view is that whenever you’re facing the government, it’s important to have an attorney who can explain to you what grounds justify detention and which ones don’t.
“The law says that if someone is out of status, they are subject to detention. They don’t need anything more than the suspicion that you are in the country without documents. And that could be someone who applied for adjustment of status while their visa was still valid and then expired. That didn’t used to be the norm, but we see it more and more: someone who has entered the country on a visa waiver through an ESTA (Electronic System for Travel Authorization), which is very dangerous. If they have overstayed the ESTA and have applied for adjustment of status, they could face detention. And certainly, if adjustment is denied, they will be detained and removed without even having the opportunity to appear before an immigration judge, because if you enter under ESTA, there is no right to appear before an immigration judge.
Should people bring a lawyer to their adjustment interview?
“Yes, of course. These are not friendly interviews. This is an adversarial process. USCIS is trying to evaluate your evidence. As a green card applicant, you have the burden of proof to show that you meet the requirements. And it’s not as simple as filling out a form, especially if you’ve ever had any type of criminal conviction, whether it’s a drug crime or DUI, any type of misdemeanor, any petty theft, anything; it’s really important, like At the very least, have your case evaluated before applying for adjustment of status. Go to a lawyer. It is better to pay some money to receive advice than to appear for an interview and end up detained by ICE or CBP.
“And remember: Just because you know someone who had it easy, and had a history of driving under the influence and didn’t have any problems, don’t listen to them, because you don’t know all the details. Every case is different, and if you think you might face problems, talk to a lawyer. And I think it’s important that you go with them to the interview just in case something comes up, and so that you can get the right advice and improve your chances of approval.”
