Articles Posted in Good faith marriage

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Recent changes to the green card application process have added new hurdles that could make interview approvals more difficult. In this blog, we’ll break down what these changes are and how they could affect your chances of success.

What’s changed?

  • USCIS officers now have expanded authority
  • Immigration officers have been granted law enforcement powers as federal agents
  • Increased ability to investigate immigration cases for fraud, misrepresentation, and other violations
  • Authority to refer cases for criminal prosecution
  • Power to arrest and detain applicants during green card interviews for violations

USCIS Shifts from Administrative to Law Enforcement Agency

For decades, U.S. Citizenship and Immigration Services (USCIS) has primarily served as an administrative agency. Its core function has been to process immigration benefits such as green cards, work permits, naturalization, and other legal status applications. USCIS operated separately from Immigration and Customs Enforcement (ICE), which is tasked with enforcing immigration laws, including detaining and removing individuals who are in violation. This separation reflected a clear distinction between those applying for lawful immigration benefits and those facing enforcement actions.

However, in recent months, USCIS policies have started to shift in a direction that aligns more closely with immigration enforcement. Officers within the agency are being granted expanded authority, including certain law enforcement powers. For example, USCIS officers now have increased discretion to investigate cases for fraud, misrepresentation, or other immigration violations — and in some cases, they may refer cases for prosecution or even detain applicants during in-person interviews for immigration violations.

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In a significant shift in immigration policy, U.S. Citizenship and Immigration Services (USCIS) now has the authority to deny green card applications outright—without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

In this video, attorney Jacob Sapochnick explains how this new change empowers USCIS officers to make immediate decisions when an application lacks sufficient initial evidence, potentially leaving applicants with fewer opportunities to correct mistakes or provide missing documentation.

This makes the application process more unforgiving and raises the stakes for submitting a thorough and complete green card application from the start. Here’s what you need to know about how this policy could impact your green card journey, and more importantly how to protect yourself.

What’s changed?

Previously, when a green card application was submitted with missing or insufficient information, USCIS would typically issue a Request for Evidence (RFE). This notice outlined the specific issues or missing documents and gave the applicant a chance to respond and provide the necessary information to support their case by the specified deadline.

The RFE process served as a safeguard, allowing applicants to correct honest mistakes or oversights before a final decision was made on their application.

Now, that safeguard is no longer guaranteed. Under new USCIS policies, officers can deny green card applications outright if they determine the initial submission lacks sufficient evidence, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

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Navigating the U.S. immigration system can feel like walking through a legal minefield—especially when applying for a green card. What’s worse is that some of the most critical pitfalls are rarely discussed until it’s too late.

In this article, we’re uncovering five USCIS Green Card traps no one warns you about—from overlooked paperwork to silent deadlines that could derail your entire application.

Whether you’re applying through family, employment, or a special category, knowing these hidden risks could be the difference between receiving an approval or denial from USCIS.

#1 Incomplete or Incorrect Documents Submitted to USCIS

One of the most common and costly mistakes green card applicants make is submitting incomplete or incorrect documentation with your application. Even a small error, like a missing signature, outdated form version, or an incorrect fee, can result in delays, requests for evidence (RFEs), or even outright denial. Many applicants assume that minor details won’t matter, but USCIS officers are trained to scrutinize every page. Failing to double-check your forms, supporting documents, or filing fees can turn what should be a routine process into a months-long nightmare.

Real-Life Case Study: The Filing Fee Mistake That Led to Deportation

In a recent case, a green card applicant relied on advice from a notary who instructed them to submit a single check covering all required USCIS filing fees. Unfortunately, this was incorrect—USCIS required separate checks for different forms and was clearly stated on the form instructions. As a result, the entire application was rejected.

By the time the applicant received the rejection notice, they had already fallen out of legal status. This oversight triggered a deportation order that could have been easily avoided with proper filing.

This case illustrates how even seemingly minor administrative errors can have devastating, irreversible consequences. Always follow USCIS instructions carefully and consult a qualified immigration attorney when in doubt.

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If you have a pending application with the U.S. Citizenship and Immigration Services (USCIS), it’s important to stay informed as policies continue to shift under the Trump administration.

Recent changes in immigration enforcement and USCIS procedures may directly affect how your application is reviewed, how long the process takes, and even whether additional information or interviews may be required.

Understanding these policy changes can help you better prepare, avoid unnecessary delays, and ensure that your application remains compliant with these changing policies.

Detentions at Green Card and Naturalization Interviews

Recent reports indicate a concerning trend of U.S. Immigration and Customs Enforcement (ICE) agents detaining individuals during green card and naturalization interviews at U.S. Citizenship and Immigration Services (USCIS) field offices.

Under the Trump administration, there has been an uptick in such incidents, raising alarm among the immigrant community. For instance, in April a Danish national and father of four, was arrested by ICE during his USCIS citizenship interview in Memphis, Tennessee, due to a missed paperwork deadline from 2015. Despite having no criminal record, he was denied bail and remains detained.

Similarly, a Palestinian student at Columbia University, was detained by ICE during his USCIS naturalization interview in Vermont. His arrest, reportedly linked to his pro-Palestinian activism, sparked legal challenges and debates over constitutional rights.

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Are you applying for permanent residency based on marriage to a U.S. Citizen or lawful permanent resident in 2025?

If so, you won’t want to miss this important video addressing the challenges that couples may soon be facing during their immigration process under the Trump administration.

To learn what you need to look out for and how to minimize difficulties in the process, please continue watching this video.

Overview

Trump’s return to the White House has changed the immigration landscape in several important ways that will impact the green card process for couples applying both inside the United States with the U.S. Citizenship and Immigration Services (USCIS), and those applying for spousal visas at U.S. Consulates and Embassies abroad.

In this video, we address these changes and how you can prepare for these challenges in the years ahead.

Reduction of Consular Staff Will Lead to More Immigrant Visa Appointment Backlogs in 2025

For those applying for spousal visas through Consular processing, one of the most impactful changes is a recent executive order signed by Trump directing the State Department to reduce visa staff and local employees at U.S. Embassies and Consulates overseas.

Along with these changes, the President has asked the State Department to revise or replace the Foreign Affairs Manual (FAM), and all handbooks, procedures, and guidance used by Consular officers when issuing U.S. visas. This means that visa applications may be scrutinized more heavily moving forward, and interpretations of the law may be viewed more narrowly.

In a practical sense, this reduction in Consular staff means that spouses will experience longer wait times to receive immigrant visa interview appointments, because posts around the world will have more limited resources to respond to the large caseloads.

Moving forward spouses should expect their cases to remain warehoused at the National Visa Center (NVC) for extended periods until an interview appointment becomes available.

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After just two weeks in office, President Trump has overhauled the U.S. immigration system passing countless executive orders to begin his mass deportations and secure the southern border.

But how will his administration deal with legal immigration? In this video, we cover some of the changes that adjustment of status (green card) applicants can expect to see under the Trump administration in 2025, including upcoming case processing delays at the U.S. Citizenship and Immigration Services (USCIS), the end of green card interview waivers, the rise in Requests for Evidence (also known as RFEs), the public charge rule, and much more.

For more about how these changes can impact your case, please keep watching.

Overview

Green Card through Adjustment of Status

Applicants who are interested in applying for permanent residence while in the United States can do so through a process known as “adjustment of status.”

To qualify for adjustment of status, generally applicants must have entered the U.S. lawfully and be physically present in the United States.

Additionally, there must be an underlying immigrant petition filed by a qualifying family member (Form I-130) or by a U.S. employer (Form I-140). Certain employment-based applicants may self-petition without an employer, such as applicants seeking an EB-2 National Interest Waiver or EB-1A Aliens of Extraordinary Ability.

Examples of family members who can petition for immigrant aliens include spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, or parents of U.S. Citizens.

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In this video, attorney Jacob Sapochnick discusses the current status of parole in place applications under the Keeping Families Together program and how a new lawsuit will impact the approval of applications under the program.

To learn more, please keep on watching this video.

What is Keeping Families Together?

The Keeping Families Together program was recently established by presidential executive order to create a pathway to permanent residency for undocumented spouses and stepchildren of U.S. Citizens, who entered the country without inspection, and have been continuously present in the United States since at least June 17, 2024.

Those granted parole in place under Keeping Families Together are given three years to apply for temporary work authorization and permanent residency from inside the United States. At least 500,000 spouses, and about 50,000 of their children are set to benefit from this program.

Parole in place simplifies the green card application process by eliminating the need for spouses to apply for an extreme hardship “waiver,” and to depart the United States to attend a visa interview at a U.S. Consulate abroad.

In doing so, this process prevents prolonged family separation and enables applicants to obtain permanent residency without departing the United States.

Federal Judge Temporarily Halts Parole in Place Program

On August 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) began accepting online applications for parole in place, using a new electronic form called Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens.

Several days later, the state of Texas along with 15 other states filed a lawsuit challenging the legality of the program.

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Can you apply for a green card while you are inside of the United States on a tourist visa? In this video, attorney Jacob Sapochnick addresses this important topic.

Overview

B1/B2 Tourist Visa and Nonimmigrant Intent

The B1/B2 tourist visa is a nonimmigrant visa type that allows foreign nationals to visit the United States temporarily for one specified purpose, to engage in tourism or engage in permitted business activities like attending a business conference. The maximum period that a B1/B2 visitor can remain in the United States is 6 months.

Those traveling on such a visa must maintain what is called “non-immigrant” intent when arriving to the United States, meaning that travelers must intend to depart to their home country at the conclusion of their trip.

Misrepresenting your true intentions for traveling to the United States may spell disaster for you in the future and lead to serious immigration consequences including a bar on your future entry to the U.S., due to misrepresentation or fraud.

Those who intend to live or work in the United States must apply for the appropriate visa type and should not enter the United States on a B1/B2 visa.

Change in Circumstances After Arrival in the U.S.

Now let’s imagine that after your arrival to the United States on a B1/B2 visa, your life circumstances have changed. You’ve become engaged to a U.S. Citizen, you’ve secured a job offer for your dream job and your employer wants to sponsor you for a green card, what happens in these situations? Is it possible for you to change your status from a tourist to a permanent resident? The answer is it depends.

The key consideration here is whether you maintained “non-immigrant” intent at the time of your entry to the United States. Under immigration law, a temporary visa holder who enters the United States and gets married or files their green card application within 90 days of their entry, is presumed to have misrepresented his or her true intentions for traveling to the United States on a temporary visa. Such individuals are generally not eligible to apply for adjustment of status to permanent residence (a green card) from inside the United States.

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In this video, attorney Jacob Sapochnick discusses a hot topic addressing what is the fastest method to immigrate a foreign spouse to the United States.

Many couples often wonder what the best option is to immigrate their foreign spouse, such as applying for an immigrant visa at a U.S. consulate overseas or applying for adjustment of status from inside the United States.

To learn more, please keep on watching this video.

Overview

There are two main methods by which a U.S. Citizen can immigrate his or her foreign spouse to the United States.

The most suitable method will depend on the consideration of various factors such as:

  • Is the foreign spouse currently outside of the United States?
  • Is the foreign spouse already inside the United States in lawful status (for example are they on an F-1 student visa, B-1 business visitor visa, or some other temporary visa)?
  • Does the foreign spouse have lawful status in the U.S.?
  • Is it important for you to obtain employment authorization during the immigration process?
  • Is prolonged separation an issue for you?

These are important factors that will determine which process married couples may wish to consider.

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Are you seeking to financially sponsor someone who wants to immigrate to the United States?

If so, you will be interested to know that all immediate relatives of U.S. Citizens and individuals falling in the family-based preference categories, are required to submit the Form I-864 Affidavit of Support to obtain permanent residency in the United States.

The form is signed by the U.S. Citizen or legal permanent resident petitioning for the intending immigrant to show they will have the adequate means of financial support while in the U.S. and will not seek financial benefits from the U.S. government.

By signing the affidavit of support, you are accepting financial responsibility for the applicant seeking to immigrate to the United States.

In this video, we share with you everything you need to know regarding your responsibilities and obligations as a financial sponsor of the affidavit of support.

Overview

Who Signs the I-864 Affidavit of Support

The I-864 Affidavit of Support must be completed and signed by the U.S. Citizen or lawful permanent resident who is petitioning for the intending immigrant (also known as the primary sponsor).

The affidavit is essentially a contract between the petitioner and U.S. government, which establishes that the petitioner has enough income or assets to financially support the intending immigrant. Its main purpose is to ensure the alien does not become a public charge on the U.S. government.

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