The United States Citizenship and Immigration Services (USCIS) is ushering in a new phase of enforcement regarding marriage-based immigration. This shift represents a significant change from earlier practices, where such applications were often processed as standard procedure. Across the nation, immigration lawyers are reporting more rigorous examinations of cases that were previously deemed straightforward, with special attention being paid to the authenticity of the marital union.
Immigration attorney Brad Bernstein of Spar & Bernstein has advised his clients of the heightened importance of cohabitation in the eyes of USCIS. "Immigration officers do not care why you live apart, and they do not care if it's for work, school, money, or convenience," Bernstein stated. "So, if you're not living in the same house every day, immigration is going to start questioning the marriage."
This stringent evaluation process is part of broader efforts to address perceived misuses of various immigration pathways, including the Diversity Visa Lottery, which was recently discontinued following the involvement of a lottery recipient in serious criminal activity.
The USCIS insists that a marriage must be bona fide, entered in good faith, and not primarily for circumventing immigration rules. Even couples who satisfy all legal criteria can face rejection if authorities deduce that the union was established to obtain residency without a genuine spousal relationship.
The recent policies reflect the Trump administration's commitment to prioritizing the protection of American citizens and resources. Late in 2025, USCIS Director Joseph Edlow announced a thorough review of green cards for immigrants from countries of concern. "The protection of this country and of the American people remains paramount, and the American people will not bear the cost of prior policies," Edlow declared.
Legal professionals underscore that the new level of scrutiny aims to uphold the integrity of the immigration system and prevent fraudulent marriages. "Marrying a U.S. citizen no longer ensures residency," said Bernstein. "Applicants must demonstrate that their marriage is authentic and that they intend to live together as spouses."
For migrants seeking permanent residency through marriage, the implications are clear: evidencing cohabitation and a genuine relationship is now critical. Neglecting these requirements could lead to application denial, further federal investigation, and legal ramifications. This adherence to an enforcement-first approach underscores the administration's dedication to upholding immigration law and safeguarding public resources from abuse.
