US Tightens Green Card Rules For Married Couples

The US Citizenship and Immigration Services (USCIS) has issued new guidelines to tighten scrutiny of family-based immigrant visa petitions, especially marriage-based applications. This aims to weed out fraudulent claims and ensure only genuine relationships lead to green card approval.

The updated guidance, published on August 1 in the USCIS Policy Manual under the section titled "Family Based Immigrants", is now in effect and applies to all pending and newly filed petitions.

"Fraudulent, frivolous, or otherwise non-meritorious family-based immigrant visa petitions erode confidence in family-based pathways to lawful permanent resident (LPR) status and undermine family unity in the United States," USCIS said in its release.

"We are committed to keeping Americans safe by detecting aliens with potentially harmful intent so they can be processed for removal from the United States."

What Has Changed?

The updated guidance outlines stricter vetting and documentation procedures, including:

• Improved eligibility checks and adjudication processes for family-based petitions.
• Clear documentation requirements, such as photos, shared finances, and affidavits from friends and family to prove bona fide marriages.
• Mandatory in-person interviews for couples, aimed at evaluating the authenticity of the relationship.
• Review of prior applications, including multiple petitions filed by the same sponsor or on behalf of the same beneficiary.
• Closer scrutiny of immigration history, particularly for applicants already in the US on other visas (example - H-1B) seeking adjustment of status through marriage.
• Issuance of Notices to Appear (NTA) in removal proceedings, even if the green card petition is approved, if the applicant is found to be otherwise ineligible or removable.

USCIS clarified that approval of a family-based petition does not automatically protect the beneficiary from deportation.

"This guidance will improve USCIS' capacity to vet qualifying marriages and family relationships to ensure they are genuine, verifiable, and compliant with all applicable laws," the agency said.

USCIS has also added tougher checks to its policy. If a US citizen sponsors a foreign spouse, such as someone from India, the couple must now submit strong evidence of a real relationship. This includes joint financial records, photos, and possibly letters from friends or family. They must also attend detailed interviews to prove they truly know each other.

If USCIS finds anything suspicious, like repeated sponsorships by the same person or mismatches in immigration history, it can trigger deeper investigation or even deportation proceedings.

The policy update follows several marriage fraud cases, including one involving Indian national Aakash Prakash Makwana. In May, he pleaded guilty to entering a fake marriage after overstaying his J-1 visa. He used forged documents to show cohabitation and falsely claimed domestic abuse to secure a green card.