Challenges for Marriage Green Cards & H-1B Visas Under Trump’s Return

With Donald Trump’s return to the White House today, anxiety is spreading among U.S. immigration communities. During his first term from 2017 to 2021, Trump implemented numerous measures that complicated the immigration process, and many fear a repeat of those challenges. Specifically, applicants for marriage-based green cards are concerned about how Trump’s policies could impact their cases.

While Trump’s administration previously sought to curb family-based immigration, certain pathways—such as marriage-based green cards—remain constitutionally protected. However, Trump’s second term could bring indirect challenges to applicants through stricter requirements, longer processing times, and more intensive reviews. Let’s explore what these changes might look like.

Good News: Marriage Green Cards Are Constitutionally Protected

Under the current family-based immigration system, U.S. citizens can petition for green cards for their spouses, children, parents, and siblings. Green card holders can petition for their spouses and unmarried children. Despite Trump’s efforts to eliminate “chain migration” during his first term—most notably through the proposed RAISE Act—marriage-based green card petitions remained intact.

Why Can't Marriage-Based Green Cards Be Easily Revoked?

• Constitutional Protection: The U.S. Supreme Court has consistently ruled that marriage is a fundamental right protected under the Constitution. Restricting the immigration rights of married couples could be deemed unconstitutional.
• Cultural Values: Family reunification is a cornerstone of American values. Excessive restrictions on family-based immigration could provoke legal challenges and public backlash. 

Potential Challenges for Marriage Green Card Applicants Under Trump

While marriage green cards may remain intact, Trump’s second term could introduce indirect hurdles through policy reforms and bureaucratic procedures:

1. Public Charge Rule

In 2019, the Trump administration implemented a stricter Public Charge Rule, which expanded the scope of financial scrutiny for green card applicants. This policy required applicants to disclose detailed financial information, such as income, assets, and use of public benefits, to prove they wouldn’t become a “public charge” after receiving their green card. Although the Biden administration repealed this rule in 2021, Trump’s campaign has hinted at reinstating it.

Impacts:

• Low-income families may struggle to meet financial requirements.
• Applicants who have used public benefits in the past could face additional scrutiny.

2. Financial Self-Sufficiency Requirements

Trump’s first term introduced several financial hurdles for green card applicants, including the now-defunct Form I-944, which assessed an applicant’s ability to support themselves financially. If reinstated, this form could require:

• Proof of income exceeding 125% of the federal poverty line.
• Documentation of significant financial assets.
• Credit history and health insurance coverage.

The requirements could also extend to joint sponsors, who may face heightened scrutiny regarding their income, tax history, and use of public benefits.

3. Lengthier Processing Times

Marriage green card applications could face delays due to:

• Increased Interviews: Trump’s first term mandated in-person interviews for most marriage green card applicants. Biden reduced this requirement, but Trump could reinstate it, prolonging the process.
• Higher RFE Rates: Requests for Evidence (RFEs) could increase as adjudicators demand more comprehensive documentation to prove the validity of the marriage.
• Limited Resources: With stricter requirements across all visa categories, USCIS may struggle with processing times, leaving applicants waiting significantly longer than under the Biden administration.

K-1 Fiancé(e) Visas: Slower Than Ever?

Applicants for K-1 fiancé(e) visas may also face delays. These visas already involve complex, multi-agency processing, and under Trump’s stricter policies, the timeline could extend further. Couples considering this route may face even longer separation periods.

What Can Applicants Do to Prepare?

To navigate these potential challenges, applicants should:

• Prepare Comprehensive Evidence: Collect detailed documentation to demonstrate the legitimacy of your marriage. This includes financial records, shared assets, joint bank accounts, and proof of cohabitation.
• Meet Financial Standards: Ensure your income meets federal poverty guidelines and consider finding a joint sponsor with strong financial credentials if needed.
• Stay Informed: Monitor policy changes and consult an immigration attorney to stay ahead of new requirements.

Conclusion: Challenges Ahead, But Marriage Green Cards Remain Viable

While Trump’s return to the White House may bring added scrutiny and delays to the marriage green card process, the pathway itself is unlikely to be eliminated due to constitutional protections and cultural values surrounding family reunification. However, applicants should brace for stricter financial requirements, more comprehensive reviews, and longer processing times.

For couples navigating this complex process, preparation is key. By staying informed and proactive, you can strengthen your application and increase your chances of success in an era of heightened immigration scrutiny.