Federal authorities are signaling a new era of enforcement in marriage-based immigration, marking a departure from previous decades when such applications were often viewed as routine.
Immigration lawyers nationwide report that applications previously considered straightforward are now under far closer review, particularly where the authenticity of the marriage is in question.
Immigration attorney Brad Bernstein of Spar & Bernstein warned clients that cohabitation is now a central factor for U.S. Citizenship and Immigration Services (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 said. “So, if you’re not living in the same house every day, immigration is going to start questioning the marriage.”
“And once they come knocking on your door, they’re looking to deny you. If you want a marriage green card, you live together. Period.”
USCIS emphasizes that a marriage must be bona fide, entered in good faith and not primarily intended to bypass immigration rules.
Even couples who meet all legal requirements can face denial if authorities determine the union was designed to secure residency without genuine spousal intent, according to Matzav.com.
The stricter approach reflects policies shaped during the Trump administration.
In late 2025, USCIS Director Joseph Edlow announced a comprehensive review of green cards for migrants 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 stated at the time, according to Breitbart.
The crackdown on marriage-based applications is part of a broader effort to curb perceived abuse of immigration pathways.
One example involves the Diversity Visa Lottery, which allowed tens of thousands of migrants to enter the U.S. each year.
After Portuguese national Claudio Manuel Neves Valente, a lottery recipient, was named as the suspect responsible for the fatal shootings at Brown University and of a prominent MIT professor, the program was terminated.
Immigration attorneys report that living apart from a U.S. citizen spouse now triggers heightened review.
Officers evaluate the totality of the relationship, including shared finances, residences and evidence of marital intent.
Temporary or legitimate separations no longer guarantee leniency, and applicants may face invasive interviews and potential denial, News18 reports.
Legal experts say the new scrutiny is intended to protect the integrity of the immigration system and prevent fraudulent arrangements, including cases in which migrants allegedly pay Americans for temporary or sham marriages.
“Marrying a U.S. citizen no longer ensures residency,” Bernstein said. “Applicants must demonstrate that their marriage is authentic and that they intend to live together as spouses.”
While the changes present challenges for legitimate couples, officials stress they are necessary to maintain public trust, safeguard American resources and uphold the rule of law.
Attorneys caution that ignoring these standards could result in denials, investigations, and legal consequences.
For migrants seeking permanent residency through marriage, the message is clear: demonstrating cohabitation and a genuine relationship is now essential.
Failure to meet these requirements may jeopardize a green card application and trigger further federal review.
The measures align with a broader enforcement-first approach that prioritizes compliance with immigration law and protecting public resources from abuse.
