Washington: Marriage to a US citizen, long viewed as a direct route to permanent residency and eventual citizenship, may no longer guarantee a Green Card as the Trump administration enforces stricter immigration scrutiny. Immigration Attorney General Brad Bernstein clarified that marrying a US citizen only makes a foreign national eligible to apply for a Green Card and does not assure approval.
Bernstein stated that the US government recognizes the foreign spouse merely as an immediate relative and that marriage-based Green Cards will be granted only after rigorous verification of the authenticity of the relationship. He warned that marriage alone is insufficient and that immigration authorities will apply tighter regulations and guidelines. If spouses are not living together daily under the same roof, the marriage may be considered documentary or entered into solely for immigration benefits, leading to rejection of Green Card or permanent residency applications.
He advised applicants to seek legal counsel before applying and noted that the validity of work permits for Green Card applicants has been reduced from five years to 18 months. Bernstein also confirmed that the Diversity Visa Lottery has been scrapped. To qualify for a marriage-based Green Card, couples must demonstrate long-term cohabitation. Claims of living separately due to employment or educational reasons may not be accepted unless supported by strong evidence.
Bernstein cautioned that strict penalties would apply if a marriage is found to be fraudulent or intended solely to obtain immigration benefits. Since Donald Trump resumed office, marriage-based Green Card applications have been subjected to intensified scrutiny to assess intent, authenticity, and compliance with immigration laws. Applications found to be fraudulent face rejection and possible legal action.
The Trump administration has also tightened overall visa issuance and ordered enhanced background checks for Green Card holders from 19 countries, triggering concern among existing permanent residents.