US is making it tougher to obtain green card for married couples. Here’s why

The United States is making it harder for foreign spouses to get a green card, formally called legal permanent residency. To crack down on marriage fraud, the US Citizenship and Immigration Services (USCIS) has beefed up the scrutiny of family-based immigrant visa petitions.

This comes as the Trump administration has intensified efforts to curb illegal immigration and tightened rules for those seeking US visas. The changes also come as the US immigration backlog reached 11.3 million cases by the second quarter of FY2025.

Let’s take a closer look.

US’ new guidelines for green card seekers

USCIS has updated guidelines for married people seeking green cards, tightening screening and vetting of family-based immigrant visa petitions.

US citizens can sponsor their spouses, unmarried children under 21, and parents.

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Published on August 1 in the USCIS Policy Manual under the section titled “Family Based Immigrants”, the agency said in its policy guidance that it has enhanced eligibility checks and adjudication processes for such green card applicants.

Those seeking permanent residency in the US will have to furnish more comprehensive evidence of bona fide marriage, such as photographs, financial documents and even affidavits from friends and family in some cases, reported Times of India (TOI).

The couple will have to appear for in-person interviews for USCIS to assess how well they know each other, proving the authenticity of the relationship.

If an American citizen is found filing applications for different spouses, or previous applications on behalf of the beneficiary, such cases will be rigorously scrutinised.

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The immigration history of the sponsored spouse will be reviewed if they are already in the US on other visas, such as an H-1B visa. A green card application can be rejected, and removal proceedings initiated, in the case of a violation of visa status or past fraudulent activity.

Moreover, the updated guidelines underline that the approval of a family-based immigrant visa application does not grant relief from removal.

USCIS may issue a “Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal.”

Why are the changes being brought?

USCIS has introduced the updates to ensure only genuine relationships, especially bona fide marriages, of US citizens get green card status.

“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. 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 is prioritising robust alien screening and vetting that protects Americans from potential national security threats. 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,” it added.

The policy update comes in the wake of several marriage fraud cases, including a recent one involving an Indian. In May, Aakash Prakash Makwana pleaded guilty to entering a fake marriage after overstaying his J-1 visa. He forged documents to show cohabitation and falsely claimed domestic abuse to secure a US green card.

With inputs from agencies