US Introduces Stricter Guidelines for Marriage-Based Green Card Applications to Combat Fraud
The U.S. Citizenship and Immigration Services (USCIS) has announced a pivotal update to its Policy Manual, specifically addressing marriage fraud in family-based immigrant visa petitions. Released on August 1, this new policy aims to ensure that only authentic relationships, particularly genuine marriages, are eligible for lawful permanent resident status in the United States. By implementing rigorous verification processes, the USCIS seeks to bolster the integrity of the immigration system and prevent fraudulent applications.
Reasons Behind the Policy Update
The USCIS’s decision to tighten regulations comes amid growing concerns regarding fraudulent immigration applications that threaten public confidence in family-based immigration. The agency has expressed its commitment to robust screening and vetting processes to protect Americans from potential national security threats. This includes identifying individuals with harmful intentions and facilitating their removal from the U.S. Notably, there have been instances involving Indian nationals engaged in marriage fraud. For example, Aakash Prakash Makwana, an Indian national, pleaded guilty to marriage fraud in May 2025 after overstaying his visa and orchestrating a fake marriage to secure a green card. Such cases highlight the serious consequences of marriage fraud, which can lead to significant prison sentences, fines, and deportation.
New Screening and Vetting Procedures
Under the updated policy, the USCIS will require more comprehensive evidence to prove the authenticity of marriages. This includes submitting photographs, financial documents, and affidavits from friends and family. Couples may also undergo rigorous interviews to validate their relationships. The USCIS will closely examine any history of multiple applications by a U.S. citizen for different spouses or prior applications for the same beneficiary, which could trigger further investigation. If a beneficiary is found to be removable due to ineligibility or fraudulent intent, the USCIS may issue a Notice to Appear.
Moreover, the path to obtaining a green card through marriage has become increasingly challenging. Immigration interviews are now more stringent, with officers demanding substantial proof of a genuine relationship. This can include documentation such as photos, call logs, and evidence of shared finances. Couples applying from abroad will face rigorous consular interviews, while those already in the U.S. may be subjected to “Stokes interviews,” where they are questioned separately. Long wait times for green card holder spouses can also raise suspicions. Immigration lawyers advise applicants to prepare thoroughly, as a weak case could result in denial or deportation proceedings.
Implications for Applicants
The implications of this policy update are significant for individuals seeking to obtain a green card through marriage. The USCIS’s heightened scrutiny means that applicants must be well-prepared to demonstrate the legitimacy of their relationships. Couples are encouraged to treat the immigration process like an examination, gathering ample evidence and being ready to answer personal questions. The stakes are high, as failure to provide sufficient proof can lead to severe consequences, including denial of the application or initiation of deportation proceedings. As the USCIS continues to enforce these new measures, individuals navigating the immigration process must remain vigilant and proactive in presenting their cases.
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