Will Green Cards for Spouses Becomes More Difficult in 2025?

by

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.

Embassies and Consulates with a high demand for visa interviews will be more heavily impacted such as Islamabad, Lagos, Nairobi, and Manila, causing even more delays for these applicants.

The End of USCIS Interview Waivers

The Trump administration will end waivers of in-person interviews for adjustment of status applicants.

Under immigration law, all adjustment of status (green card) applicants must be interviewed by an immigration officer unless the interview is waived by the U.S. Citizenship and Immigration Services (USCIS).

For family-based applications, USCIS generally requires the Form I-130 petitioner to appear for the in-person interview along with the green card applicant. In marriage cases, this is necessary to examine whether the couple has a bona fide marriage.

During the Biden administration, USCIS was issuing waivers of the in-person interview requirement on a discretionary basis for certain married couples to streamline the green card process.

Under President Trump, this interview waiver policy will end causing wait times for in-person interview appointments to increase at USCIS field offices nationwide.

Cracking Down on Marriage Fraud

The Trump administration will also broaden investigations into sham marriages by expanding the operations of Homeland Security Investigations (HSI), an agency responsible for investigating individuals suspected of abusing the U.S. immigration system to obtain fraudulent green cards.

Those who participate in sham marriages and/or submit fraudulent immigration documents to obtain an immigration benefit may be visited by field officers at their marital residence and questioned about their marriage.

These operations were already occurring during the Biden administration but will certainly increase under President Trump. Home visits often lead to further complications and delay cases significantly. To avoid any such complications, it is very important for couples to seek the guidance of an experienced attorney who can assess any potential issues early on in the case.

Couples must also go through adequate preparation for their in-person interview, which includes going over the questions that will be asked and understanding the documentation that is required to prove the legitimacy of the marriage.

To avoid these problems, always seek the advice of an experienced attorney to minimize the chances of receiving a Request for Evidence or being subject to further investigation at the interview stage or during a home visit.

The Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants

The Trump administration is also likely to resurrect its stricter version of the public charge rule for green card and immigrant visa applicants, causing more barriers for approval.

Established by Congress, the “public charge” rule states that individuals seeking to immigrate to the U.S. or adjust their status to lawful permanent residency, can be denied a green card, if they are deemed likely to become a “public charge.” This is defined as someone who will depend on government assistance for their basic needs.

In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s new rule, the use of public benefits (like food stamps, Medicaid, and housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants to obtain a green card.

The Biden administration dismantled Trump’s stricter public charge rule after taking office.

Trump is very likely to reinstate his stricter public charge rule, leading to a higher rate of denials for those who have taken public benefits from prohibited aid programs.

To revisit the public charge rule, please read our blog post here.

Conclusion

President Trump’s immigration policy changes will cause more headaches for couples applying for green cards in the United States and Consulates overseas.

To get ahead of these changes, it is important for couples to file their cases as soon as possible with the assistance of an experienced immigration attorney who can properly vet the application and ensure it is properly filed with all necessary documentation. This will minimize any difficulties in the immigration process and decrease the likelihood for Requests for Evidence.

Once the case is filed, applicants should be proactive and maintain regular contact with USCIS or the National Visa Center to ensure completeness and proper filing.

Those who experience unreasonable delays may consider seeking the assistance of a congressman or filing a mandamus lawsuit to compel a final decision on the case.

Contact Us. If you need assistance with your immigration matter, please text 619-483-4549 or call 619-819-9204.

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there.