Marriage Based copyright- What has changed?
Marriage Based copyright- What has changed?
Blog Article
The immigration landscape in the United States is experiencing both sudden and subtle changes. Recent legal changes have affected marriage-based copyright applications in terms of procedural and processing matters. The following are the main updates in this area:
Rescission of the "Keeping Families Together" Program
In November 2024, a Texas federal judge invalidated the Biden administration’s program, which allowed undocumented immigrants married to U.S. citizens to apply for copyright without leaving the country. As a result of the court ruling, USCIS announced that it would no longer accept new applications for KFT parole in place, and all pending applications would be administratively closed. This decision impacts about 500,000 individuals, adding uncertainty for many families.
Proposed Expansion of Social Media Account Reviews
The Trump administration proposed that applicants for copyright, citizenship, asylum, and refugee status provide social media account details. Aimed at boosting security checks, this policy raises privacy concerns and is open for public comment until May 5, 2025.
Return of In-Person Interviews for Marriage-Based copyright
USCIS reinstated in-person interviews for marriage-based copyright applicants in 2022 to combat fraud. Couples must attend these interviews at local USCIS offices for their applications to be approved.
Document Scrutiny: There's an increased emphasis on verifying the legitimacy of the marriage. Applicants may be asked to provide more evidence of their relationship, such as joint financial documents, photos together, or affidavits from friends and family.
Increased Processing Times and Updated Filing Requirements
Processing times for marriage-based copyright have lengthened in 2025. Delays occur in biometrics appointments, interviews, and approvals. Additionally, USCIS updated forms and increased filing fees, making it crucial to submit current form versions like the Form I-130 Family Petition.
Executive Orders and Policy Shifts: Various executive orders, both from the Biden and Trump administrations, have altered the way marriage-based copyright applications are processed, especially regarding how waivers, interviews, and the discretion of USCIS officers are handled.
Impact of Conditional Permanent Residency
Those obtaining permanent residency through marriage often receive conditional status for two years. To achieve full permanent residency, they must file Form I-751 within 90 days before the conditional status expires. Failure to do so can lead to loss of status and deportation.
Overall, these changes are primarily aimed at ensuring the integrity of the marriage-based immigration process, but website they also contribute to longer waiting times, more scrutiny on applicants, and potential uncertainty in the system. It’s important for applicants to stay updated with USCIS guidelines and seek legal advice to navigate the application process smoothly.
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