The Trump administration has introduced some changes to the green card application process for married couples, including updated forms, marriage interviews, and increased financial disclosures.
Why It Matters
President Donald Trump campaigned heavily on cracking down on illegal immigration, pledging to carry out the largest mass deportation in U.S. history. In the initial months of his presidency, his administration has deported around 100,000 illegal immigrants and has detained and deported some legal residents and individuals without criminal or gang affiliations.
The Trump administration has made it clear that it is getting tough on immigration enforcement, both when it comes to those who crossed the southern border illegally and those who violate immigration laws.
Green card holders, who are lawful permanent residents, have faced challenges in certain cases, including a recent Columbia graduate student and Palestinian activist, Mahmoud Khalil.
Changes to the green card marriage process suggest that all areas of the immigration system could be subject to reform and may continue to change in coming weeks.
Francis Chung/POLITICO via AP Images
What To Know
The United States Citizenship and Immigration Service (USCIS) says that a green card holder has the right to live permanently in the U.S. provided they do not commit any actions that “would make you removable under immigration law.” This includes breaking laws and not filing taxes.
One of the several ways to obtain a green card is through marriage to a U.S. citizen or green card holder. That individual can sponsor their spouse for a green card. The spouse then applies to get their permanent residency.
Some of the Trump administration’s changes to the application process are technical but significant for filing.
For example, applicants must now use the updated version of Form I-485, “Application to Register Permanent Residence or Adjust Status,” released on January 20, to apply for lawful permanent residency.
Language tweaks to the new form include two gender identity options and the reintroduction of the term “alien.” Other immigration forms have been updated with similar terminology.
Immigration lawyer Rachel Einbund told Newsweek in a phone interview that the form has a new “public charge” section, which now asks people to “disclose their entire household income, their assets, their debts or liabilities, as well as if they have received any public assistance in the U.S.”
Part 9 of the form, regarding “general eligibility and inadmissibility grounds,” also includes a question about the highest education degree the applicant has achieved, as well as a list of certifications, licenses, and skills.
She called this additional information “more of a scare tactic to try and scare people who maybe don’t have a lot of income or don’t have continued education into not applying.”
Another “major update” to the green card marriage process is the return of couple interviews, Einbund told Newsweek. In 2022, under the Biden administration, many marriage green card interviews were waived, so long as they had no “red flags.” Einbund said this practice was “really a great way for USCIS to get through the backlog, not waste the officer’s time.”
Einbund said she spoke with a USCIS officer who told her that reinstating interviews is part of the agency’s new policy. While there has been no official executive order on the matter, Trump has stated in immigration-related directives that the U.S. will pursue “enhanced vetting,” which this could fall under.
“Disclose everything,” Einbund advised applicants, adding that it’s also important to include ample and varied evidence. “Proving that your marriage is real is the foundation of these cases,” she told Newsweek.
Newsweek reached out to USCIS for comment and confirmation via email on Thursday.
What People Are Saying
A spokesperson for USCIS told Newsweek in an email on Thursday: “U.S. Citizenship and Immigration Services is committed to implementing policies and procedures that strengthen fraud detection, prevent identity theft, and support the enforcement of rigorous screening and vetting measures to the fullest extent possible. These efforts ensure that those seeking immigration benefits to live and work in the United States do not threaten public safety, undermine national security, or promote harmful anti-American ideologies.”
Amol Sinha, executive director of ACLU New Jersey, said outside court on Friday, “As we await the court’s ruling, what I am reminded of is the egregious nature of what the government has done. It is anti-democratic, un-American, illegal and unconstitutional to suppress speech, censor somebody, detain them and attempt to deport them and revoke their green card for speaking their mind.”
Attorney Colleen Kerwick previously told Newsweek in March: “A green card is a privilege, not a right. That privilege can be revoked if Mahmoud Khalil perpetrated a crime or wrong. Khalil was accused of organizing an event that glorified Hamas’ October 7 attack. The U.S. recognizes Hamas as a terror organization. The gravamen [most serious part] of his alleged wrong was social media posts, not yet traced to him.”
What Happens Next
Applicants must use the updated Form I-485 starting today, April 3.
Khalil, who is a green card holder, is set to appear before an immigration judge on April 8 for removal proceedings.
The Trump administration is expected to continue implementing a range of immigration policy changes, with Einbund noting that many in the immigration legal community are expecting there will be a slew of new forms requesting applicants’ social media handles.
