US immigration lawyer says marriage alone no longer guarantees a Green Card; couples must live together to satisfy USCIS requirements.

Among immigrants in the US, the Permanent Resident Card—also referred to as the Green Card—is a highly sought-after permit. It sets people up for citizenship in the United States. Green Card holders have many of the same privileges as full-fledged citizens of the United States, despite their differences. Wedlocking an American citizen is a popular way to obtain a Green Card. However, an immigration lawyer explains that being married to an American citizen no longer ensures a Green Card.

A spouse is considered a “immediate relative of a US citizen” by the US Citizenship and Immigration Services group. The Green Card can also be applied for by immediate relatives, such as the spouses of U.S. citizens, according to US law. But American immigration lawyer Brad Bernstein has cautioned that marriage alone is no longer a guarantee for Green Cards.

Marriage-based Green Card applications are being scrutinized more rigorously under the current Donald Trump administration, with officials focusing more on whether a marriage is real than just legally recognized on paper. The Trump administration suspended the Diversity Visa (DV) Lottery, which provided up to 50,000 immigrant visas annually through a random selection process to people from nations with low levels of immigration to the United States, as part of increased scrutiny of the Green Card program.

“You cannot obtain a Green Card by being in a relationship. Living together earns you a Green Card,” said Brad Bernstein, a member of the Law Offices of Spar & Bernstein’s legal team with over 30 years of experience.

EXPERT: COHABITATION IS ESSENTIAL FOR GREEN CARD, NOT JUST MARRIAGE

When married couples live apart, Brad Bernstein said, they run the imminent risk of having their petitions denied. “If spouses do not share a home, then their Green Card case is already going down,” he added.

He stated in a Facebook video that “immigration officers do not care why you live apart, and they do not care if it’s for work, school, money, or convenience” when it comes to instances involving marriage. Cohabitation, in Bernstein’s opinion, is the crucial element. He claimed that US officials “want to know if you live together as husband and wife.”

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He stated that according to immigration regulations, a legitimate marriage is one in which the partners live together every day.

Immigration will therefore begin to doubt the marriage if you don’t live in the same home every day. And once they raise doubts, they start looking into it, and when they knock on your door, they want to turn you away. Living together is therefore a prerequisite for obtaining a green card. In a nutshell,” he said.

According to Bernstein, one of the quickest ways to draw more attention is to live apart. This can lead to marriage fraud investigations, difficult interviews, and outright denials. “If you’re married and not living together full-time, you need legal guidance before you file anything,” he explained.

USCIS SEARCHES FOR “GOOD FAITH” IN MARRIAGE

Brad Bernstein claims that US Citizenship and Immigration Services (USCIS) uses more than just addresses. Officers use its policy framework to evaluate the entirety of the relationship in order to ascertain if the marriage was consummated in good faith and not just for immigration purposes.

According to USCIS, if a couple had “no good faith, intent to live together as spouses and intended to circumvent immigration laws,” their marriage could still be rejected even if it complies with legal requirements.

These changes coincide with efforts by the Trump administration to restrict immigration by strengthening important immigration-related avenues, like the Green Card program. The work permit period for Green Card applicants is now 18 months, according to US Citizenship and Immigration Services.

A thorough assessment of all Green Cards held by permanent residents from 19 nations that were previously categorized as “countries of concern” has also been ordered by President Donald Trump. The action comes after immigrants with Green Cards carried out a mass massacre at Brown University and the murder of two National Guard members in Washington, DC.