Marriage Green Card Risks

Recent changes in U.S. immigration policy have increased risks for immigrants applying for a green card based on marriage or family relationships, especially those who are currently out of legal status. This week, the U.S. government has clarified that simply filing an application for a green card does not grant protection from deportation proceedings for applicants without lawful status.

Under the new guidance, individuals who have filed for adjustment of status through a U.S. citizen spouse or close family member but do not have lawful immigration status can now be placed in removal proceedings. This marks a significant shift from previous practices where many applicants could stay in the country while their applications were processed.

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) emphasized that filing a petition alone does not provide immunity from enforcement actions. Immigration and Customs Enforcement (ICE) may initiate deportation procedures against applicants even if their green card applications are pending.

For applicants and families, this means it is more important than ever to maintain lawful status while applying or to seek legal advice before filing. The risk of removal while waiting for approval has increased, making the immigration process more complex and uncertain.

Stay informed about these changes and consult with an experienced immigration attorney to understand how the new policies might affect your case.