It used to be that exchanging “I dos” with a US citizen was the fastest and surest way to get a green card.
Not anymore.
Recently, the US government issued a new set of policy memos impacting the way USCIS officers examine and adjudicate marriage-based applications as part of a broader effort to regulate family-based migration.
One of the most consequential is the rule allowing outright denials of family-based applications without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), even for minor reasons.
Previously, a petitioner or applicant would be given the opportunity to cure a deficiency or to supply a missing document before a case would be denied.
Under the new policy, USCIS officers may straight away deny a petition or application even for negligible errors or omissions, such as submitting an unsigned medical report or failing to attach proof of income on an Affidavit of Support, for example.
Moreover, even an honest mistake, such as submitting a document from the wrong office (for example, a birth certificate issued by the National Statistics Office instead of the Philippine Statistics Authority) may result in outright denial.
What’s gravely concerning is that upon denial, a Notice to Appear for removal may be issued forthwith or even simultaneously with the denial decision, essentially foreclosing an applicant’s eligibility to refile the case or to file a motion for reconsideration.
This is catastrophically bad for applicants with no valid immigration status at the time of the denial decision.
Making it worse is the timing of the policy roll-out, coming as it does on the heels of a notable shift in interview practices for marriage-based applications.
Whereas before, the majority of marriage-based cases were adjudicated via remote processing at the USCIS regional offices without the need for a local in-person interview, nowadays a personal interview in front of a USCIS officer is the norm.
This means that even after overcoming the initial obstacle of submitting a flawlessly assembled application package, which is no mean feat considering the amount of paperwork and the attention to detail required, a marriage-based applicant will still have to clear additional legal hurdles before being rewarded with a green card.
Unfortunately, the interview process has become more painstakingly difficult due to the increased scrutiny and elevated standards now required to prove the authenticity of the marriage.
Nowadays, it is becoming more customary for USCIS officers to look at the text messages and other electronic correspondence between the parties, both before and after the courtship period, to verify the genuineness of the relationship. On-site visits to the couple’s home address and conducting background checks with friends and neighbors are also becoming more prevalent.
Also employed more frequently these days is the dreaded Stokes interview, a type of in-person examination in which the husband and wife are questioned in separate rooms to catch any factual discrepancies or inconsistencies between their statements.
Most of the time, failure to pass the Stokes interview will result not only in case denial but in criminal prosecution for marriage fraud, as well.
In sum, tightening the noose on marriage-based applications means there is no more refuge even for those who had previously exchanged “I dos” with their American spouses.