Permanent Residence by Marriage: New Revisions Generate Concern Among Migrants
For thousands of immigrant couples, marrying a U.S. citizen represents the beginning of the path to permanent residency. However, that process has become more complex. U.S. Citizenship and Immigration Services (USCIS) is applying stricter practices to review applications for marriage residency, which has raised concerns among those hoping to obtain their green card and among organizations that provide legal support to the immigrant community.
The new measures include more detailed interviews for applicants and, in some cases, the possibility for authorities to contact neighbors, employers or other close people to verify that the marriage is legitimate and not entered into for immigration purposes. Although these procedures seek to combat fraud, specialists warn that they also imply a higher level of scrutiny for couples who carry out the procedure in good faith. “The law has not changed. What we are seeing that is being a little stricter are the practices and policies that agents are applying under their discretion,” explained Malou Chávez, executive director of the Northwest Immigration Law Project. She recommends that applicants carefully prepare all documentation that proves the authenticity of their relationship, including shared accounts, contracts, photographs, tax returns, and any other evidence that reflects a life together. “Protection under a family petition still exists. What has changed is the analysis or discretion that agents have, but it is very important that they have legal advice, advice about eligibility to be sure that they are eligible,” she said. Concern increased after a USCIS spokesperson told NPR that simply being married to a U.S. citizen is no longer in and of itself a protection from possible deportation proceedings. In addition, a memo issued by the agency in May noted that some people who entered the U.S. on temporary visas, such as students, tourists or workers, could be forced to return to their home countries to complete the residency process. However, Chávez clarified that this interpretation does not automatically apply to all cases. “If the person is eligible for a one-step adjustment of status process here in the United States, they are still eligible. Nothing more than what has changed is the analysis of the case,” explained the lawyer, who insisted that each immigration situation must be evaluated individually before making decisions that may affect the applicant’s future. In states like Washington, where thousands of Latino families are going through immigration processes, experts recommend not getting carried away by rumors or information spread on social networks. In the face of tougher reviews, having specialized legal advice and submitting a solid file can make the difference between approving or delaying an application. For those who seek to build their future in the United States with their families, professional preparation and accompaniment are emerging today as the most important tools to face a process that, although still possible, now demands much more. |