For Better or Much Worse
Marriage for love is a modern concept popularized by a rising middle class who often have little to give by way of dowries. While this may sound like a very unromantic notion, the reality that many of us know too well is that marriage often comes down to legal remedy for social problems. People who seek to gain immigration benefit like receipt of a green card through marriage now face challenges never before faced by this community.
A US citizen can marry a foreign national either in the United States or in a foreign locale. If they form their union in a foreign locale, the citizen can file form I-130 to petition for their alien relative. This is the same form that would be filed if the citizen wanted to bring their foreign born parent or child. When the petition is approved, the foreign national can receive a green card and can legally enter and then reside in the US.
Assuming the documentation and forms can be completed correctly and submitted, the interview process can still be a daunting one. Customs officers can ask a variety of questions during the interview as they try to get the couple to “paint them a picture” of their romance. Some officers have even been known to ask questions like the type of birth control used by the couple. “The officer could also do a number of other things: Visit your home or park outside to see if you both actually live there. Talk to your neighbors. Dive into public records…If the immigration officer is still not convinced once the process is complete, the applicant could receive a notice of intent to deny. The applicant has a chance to respond and, if the response is denied, file a new petition or appeal, which can be expensive. In some cases, applicants are referred to immigration court. Red flags that immigration officials look for are disparities in age, religious and linguistic differences, and if either person has already been through the immigration process with someone else. ” [1](Sinha & Plamback, 2018)
Assuming the documentation and forms can be completed correctly and submitted, the interview process can still be a daunting one. Customs officers can ask a variety of questions during the interview as they try to get the couple to “paint them a picture” of their romance. Some officers have even been known to ask questions like the type of birth control used by the couple. “The officer could also do a number of other things: Visit your home or park outside to see if you both actually live there. Talk to your neighbors. Dive into public records…If the immigration officer is still not convinced once the process is complete, the applicant could receive a notice of intent to deny. The applicant has a chance to respond and, if the response is denied, file a new petition or appeal, which can be expensive. In some cases, applicants are referred to immigration court. Red flags that immigration officials look for are disparities in age, religious and linguistic differences, and if either person has already been through the immigration process with someone else. ” [1](Sinha & Plamback, 2018)
It appears that the government is arranging meetings with unsuspecting undocumented people in order to detain and deport them. “ACLU Massachusetts says government set ‘trap’ for immigrants seeking legal status…Court documents show how CIS employees arranged interviews around the schedules of ICE officers, who would wait and arrest people outside.” [3](Tempera, 2018) Good news is that the courts appear to be interested in protecting the rights of individuals seeking these kinds of immigration benefits. “Judge Mark Wolf denied the Trump administration’s bid to dismiss the case brought by the American Civil Liberties Union of Massachusetts, which contends officials are illegally arresting immigrants married to U.S. citizens when they appear for interviews at government offices.” [4](Richer, 2018)
Taking the leap into wedded matrimony can be a big decision for many couples. Assuming that wedded bliss means beginning a life together can no longer be a given if one of those spouses was not born in the United States and is hoping to obtain a green card through that marriage. Chain migration helps families to remain together. While it may seem clear to many that the rules involving immigration to the United States need to be reconsidered and perhaps even updated, most can also agree that careful consideration needs to be made when changing established rules around how people can obtain legal status that allows them to live and work here in the US.
[1] Sinha, Shreeya & Plamback, Sean (April 19th, 2018) Green Card Marriage Interview: Can You Pass It? https://nyti.ms/2JaTHoh
[2] Tempera, Jacqueline (August 20th, 2018) ACLU Massachusetts asks judge to protect immigrant spouses of U.S. citizens from detention, deportation as they pursue green cards https://bit.ly/2PG40F2
[3] Tempera, Jacqueline (August 20th, 2018) ACLU Massachusetts asks judge to protect immigrant spouses of U.S. citizens from detention, deportation as they pursue green cards https://bit.ly/2PG40F2
[4] Richer, Alanna Durkin (August 23rd, 2018) Judge denies Trump bid to toss married immigrants’ lawsuit https://on-ajc.com/2NjI3tD
