The Trump administration has implemented policy changes ranging from pausing immigrant visas for people from 75 countries to imposing greater scrutiny of applicants at green-card interviews, and these changes have hit all immigrants hard, including those who sought to enter and stay in the country through marriage.
What changed
Historically, while applying to stay, spouses of U.S. citizens were generally not swept up in broader immigration enforcement efforts—this group has always had a special place under the law. That protection no longer applies. The administration is treating spouses of U.S. citizens like all other immigrants.
Clients must now prepare for questions about when and how they applied for a green card, including providing evidence of “good moral character” and other information—something that previously wasn’t required for those seeking permanent residency or U.S. citizenship through marriage.
Applicants from over 70 countries face holds for travel and immigrant visas, including green-card holders married to U.S. citizens born in the 39 countries subject to travel ban restrictions.
Why it matters
This is a fundamental shift in how USCIS treats immediate relatives (the visa category that has traditionally been fastest and least scrutinized). Some non-U.S.-citizen spouses have been separated from their American loved ones and are afraid to engage with the U.S. immigration system. Life has become a lot more difficult for Americans who are married to somebody who is not born in this country.
For practitioners: you must now file marriage-based I-485 cases with the same comprehensive evidence package you would prepare for a preference-category employment or family case. While spouses of U.S. citizens were generally not swept up in broader enforcement efforts, they were traditionally treated as a privileged class under the law. That assumption is now dangerous.
Families have hesitated to move forward in their immigration cases. This creates both risk and opportunity: clients sitting in unlawful status may now face deportation risk if they file, but delay also carries its own penalties.
Way forward
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Front-load your evidence. Gather comprehensive documentation of bona fide marriage (joint finances, shared residence, children, communications) before filing I-130 or I-485. Do not assume interview waivers will be granted.
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Assess enforcement vulnerability now. For clients with noncitizen spouses not yet in the system, evaluate whether they have accrued unlawful presence, visa overstay history, or entry-without-inspection grounds. Interview risk may now outweigh the historical safety of family sponsorship.
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Plan for country-of-residence holds. If your client’s spouse is from one of the 75 countries facing visa processing pauses, expect significant delays even for immediate relative petitions. Concurrent I-485 filing (if spouse is in the U.S.) may be more efficient than consular processing abroad.
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Prepare clients for “good moral character” questions. This is not new law, but enforcement emphasis is. Gather police clearances, employment records, tax transcripts, and other character evidence proactively.
Disclaimer
This article summarizes publicly reported policy information and is not legal advice. Immigration law is complex and changes without notice. You should verify all information against primary agency sources and consult a licensed immigration attorney before advising clients or taking any action. Fola Form is a software company, not a law firm.