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From Visa to Green Card: Legal Tips for U.S. Citizens Marrying Foreign-Born Spouses

In recent years, U.S. immigration policies have undergone significant changes, impacting the process for immigrants seeking lawful permanent residency through marriage to U.S. citizens. Attorney Martin B. Schwartz provides essential guidance for both attorneys and the general public on how to navigate the complexities of adjustment of status applications under these new policies.

Understanding the Policy Shift
Traditionally, U.S. Citizenship and Immigration Services (USCIS) adjudicated benefits applications separately from offices handling removal proceedings. However, recent policy changes have allowed USCIS to initiate removal proceedings against applicants who have entered the U.S. unlawfully or overstayed their visas upon identifying such status during the adjudication process (The Daily Beast, 2025). This shift has raised concerns about the potential for family separation and the fairness of the system.
Advocates argue that U.S. citizen petitioners possess due process rights and an expectation of privacy in their filings, which should be protected during the adjustment of status process. The following steps outline how to assess whether to proceed with an adjustment of status application for a foreign-born spouse.

Step 1: Determine the Date and Manner of Entry
The first step is to establish how and when your foreign-born spouse entered the United States. If they entered lawfully—such as with a visa, border crossing card, or parole—their entry should be documented with a stamp in their passport or an I-94 record, which can be obtained online at https://i94.cbp.dhs.gov/home. Lawful entry is crucial, as it allows for adjustment of status under Section 245(a) of the Immigration and Nationality Act, provided the individual is otherwise admissible and not subject to grounds of removability.
Conversely, if the individual entered without inspection (EWI), they may face additional challenges. Part II of this series will address strategies for such cases.

Step 2: Assess Criminal History
Ensure that the foreign-born spouse does not have a criminal record that would render them ineligible for adjustment of status. Certain criminal convictions can lead to inadmissibility and disqualify an individual from obtaining lawful permanent residency. Consulting with an immigration attorney can help determine whether any past offenses pose a barrier.

Step 3: Investigate Past Removal Proceedings
Determine whether the foreign-born spouse has ever been placed in removal proceedings. This can be done by checking if they have an immigration file number (commonly starting with “A” followed by eight or nine digits). You can verify their status by calling the Executive Office for Immigration Review’s automated case information system at 800-898-7180 or by visiting https://acis.eoir.justice.gov/en/.
If removal proceedings are indicated, it is advisable to seek legal counsel to understand the implications and explore potential defenses or waivers.

Step 4: Understand Legal Precedents
Legal precedents, such as Bull v. INS, 790 F.2d 869 (11th Cir. 1986), have established that it is an abuse of discretion for an immigration judge to deny a continuance of removal proceedings when an immigrant visa petition is pending. This precedent supports the argument that individuals seeking adjustment of status should not be removed while their applications are under consideration. However, recent policy changes may affect how such precedents are applied, making it essential to stay informed about current practices.

Step 5: Prepare for Enhanced Scrutiny
Be aware that USCIS has implemented stricter guidelines to detect and prevent fraud in marriage-based green card applications. As of August 2025, USCIS requires applicants to explicitly state whether they will pursue adjustment of status or consular processing, eliminating ambiguity in the application process. Additionally, applications are subject to heightened verification procedures to ensure the legitimacy of the marital relationship and the applicant’s eligibility (India Times, 2025; Times of India, 2025).

Conclusion
Navigating the adjustment of status process for a foreign-born spouse requires careful consideration of various factors, including the manner of entry, criminal history, past removal proceedings, legal precedents, and current USCIS policies. While the process may seem daunting, understanding these elements and seeking professional legal guidance can help ensure the best possible outcome for family reunification.
Stay tuned for Part II of this series, where we will discuss strategies for cases involving spouses who entered the U.S. without inspection.

About the Author
Martin B. Schwartz, Esq. is President and Founder of the Law Offices of Martin Schwartz, Immigration and Civil Law, PA, serving the Central and Southern Florida communities since 1994. For inquiries, contact martin@martinschwartzlaw.com.

References (APA)
India Times. (2025, August 2). New policy on marriage-based green card petitions to tackle fraud issued by immigration officials USCIS. India Times. https://indiatimes.com/trending/new-policy-on-marriage-based-green-card-petitions-to-tackle-fraud-issued-by-immigration-officials-uscis-665834.html?utm_source=chatgpt.com
The Daily Beast. (2025, July 15). Trump targets spouses of U.S. citizens in green card crackdown. The Daily Beast. https://www.thedailybeast.com/trump-targets-spouses-of-us-citizens-in-green-card-crackdown/?utm_source=chatgpt.com
Times of India. (2025, August 1). Tougher checks for marriage-based Green Cards: US issues fresh guidelines to detect fraud – All you need to know about the new policy. Times of India. https://timesofindia.indiatimes.com/business/international-business/tougher-checks-for-marriage-based-green-cards-us-issues-fresh-guidelines-to-detect-fraud-all-you-need-to-about-the-new-policy/articleshow/123117342.cms?utm_source=chatgpt.com

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The Silent Erosion of Justice: Mass Deportations Under the Trump Administration

In recent times, our nation has witnessed a troubling shift in immigration enforcement, one that
not only undermines the foundational principles of due process but also threatens the very fabric
of our democracy. The Trump administration’s recent actions concerning mass deportations
have raised alarm among legal experts, human rights advocates, and concerned citizens alike.

Stripping Away Due Process

Traditionally, individuals facing deportation in the United States are entitled to certain legal
protections, including court hearings and the assignment of an Alien Registration Number
(A-number). These procedures ensure that each case is evaluated fairly and that individuals
have the opportunity to present their circumstances before an impartial judge. However, recent
reports indicate a stark departure from these norms.

The administration has initiated rapid deportations without granting court hearings or assigning
A-numbers to the individuals involved. This expedited process not only denies the fundamental
right to due process but also raises critical questions about how these individuals are being
tracked and processed within the system. Without proper documentation and oversight, there is
a heightened risk of errors, wrongful deportations, and human rights violations.

Misusing a Centuries-Old Law
To justify these actions, the administration has invoked the Alien Enemies Act of 1798—an
archaic law enacted during a time of impending conflict with France. This law grants the
president the authority to detain and deport non-citizens from hostile nations during times of
declared war.

But are we at war? No.

The United States is not currently engaged in an armed conflict with Venezuela or any of the
countries from which people are being deported. Therefore, the application of this law in the
current context is legally questionable.

Even more troubling is the claim that these deportations are targeting gang members. How are
they determining that these individuals are gang members? Is there solid proof, or are
these individuals being falsely accused to justify their removal? Are innocent people being
swept up in mass deportations based on unfounded claims?

The Law Offices of Martin Schwartz assert that this action bypasses established immigration
laws and protections, creating a dangerous precedent for the unchecked use of executive
power. If a president can use a wartime law during peacetime to justify mass deportations, what
else could they misuse in the future?

Constitutional Violations
The Fifth Amendment to the United States Constitution states that no person shall be “deprived
of life, liberty, or property, without due process of law.” This clause ensures that all individuals,
regardless of their citizenship status, are entitled to fair procedures before being deprived of
fundamental rights.

By conducting deportations without court hearings or proper documentation, the administration
is arguably violating this constitutional guarantee. The lack of due process not only undermines
individual rights but also erodes the rule of law that underpins our democratic society.

The Human Cost
Beyond the legal implications, the human toll of these actions is devastating. Families are torn
apart, individuals are deported to countries where they may face persecution or violence, and
communities live in constant fear of sudden and unjust removal. The lack of transparency and
accountability in the deportation process only deepens the suffering of those affected.

What happens to the people who are deported without being assigned an A-number? How is
the government keeping track of them? Where do they go, and who ensures they are not being
sent to dangerous situations? How will their families ever find them? What if lives are lost and
no one can locate them? The rushed and reckless nature of this policy raises more questions
than answers. This is not just a bureaucratic failure—it is inhumane.

President Nayib Bukele of El Salvador posted a three-minute video on social media showing
men in handcuffs being led off a plane in the dead of night and marched directly into prison. The
footage also captures prison officials forcibly shaving the prisoners’ heads. This chilling display
raises grave concerns about the fate of those being deported without due process. Are these
individuals being wrongfully labeled as criminals? What protections do they have against unjust
imprisonment or mistreatment? Without proper tracking, legal representation, or accountability,
how many innocent lives are being thrown into danger with no way back? This is not just a
failure of policy—it is a blatant disregard for human rights.

A Call to Uphold Justice
As citizens, lawyers, judges, and those sworn to uphold the law, we cannot sit by and watch our
government erode the rights of due process and fairness. Those in positions of
power—attorneys, judges, law enforcement officials—must step in, fulfill their duty, and be vocal
in the face of injustice. It is not enough to silently disapprove; action must be taken to ensure
that the law is applied rightfully, and not manipulated for political convenience.

We must demand:
● Due process for all individuals facing deportation.
● An end to the misuse of the Alien Enemies Act during peacetime.
● Transparency in how deportation decisions are made.
● Accountability for false accusations and wrongful deportations.
The erosion of due process in immigration enforcement harms not only those directly affected
but also weakens the foundational principles of our democracy. If we allow this misuse of
power to continue, who will be targeted next?

Understanding the Alien Enemies Act of 1798
To fully grasp the gravity of the current situation, it’s essential to understand the Alien Enemies
Act of 1798. This law was designed to authorize the president to detain and deport non-citizens
from hostile nations only during wartime. Its intent was to protect the nation from internal
threats posed by enemy nationals.

However, its application has been rare and confined to actual wars, such as World War II. The
Trump administration’s use of this law in peacetime is an extreme and legally questionable
overreach. The law was never intended to be used as a loophole for mass deportations, yet that
is exactly what is happening.

Conclusion
The United States has long prided itself on being a nation of laws and due process. But when
those laws are twisted to fit a political agenda, and when fundamental rights are disregarded,
we all should be alarmed. Deportations without court hearings, false accusations of gang
affiliation, and the misuse of wartime laws in times of peace—these are not the actions of a just
and fair government.

We must hold our leaders accountable and demand that justice, transparency, and fairness be
restored. If we don’t, who will be next?

If you, a friend, or a family member needs assistance please reach out to Law Offices of Martin Schwartz 813-751-6777. We can help in any state, and any country as long as you have someone within the United States to assist in the process.

Blog Writer

Maryleslie Javier

| Martin Schwartz | 0 Comments | Immigration Law, Legal Advice | , ,

How to Prove Continuous Presence for Immigration Purposes

 

Maintaining continuous presence in the United States is vital for various immigration
applications, including those for naturalization and adjustment of status. The U.S. Citizenship
and Immigration Services (USCIS) has detailed guidelines to help applicants meet this
requirement, underscoring the importance of thorough documentation and understanding the
legal criteria.

Defining Continuous Presence

Continuous presence involves an immigrant's need to remain in the United States without
significant interruptions for a specified duration. This requirement is distinct from physical
presence, which counts the actual number of days spent in the country. Both requirements are
essential for eligibility in naturalization and other immigration processes, but they serve different
purposes.

Requirements for Continuous Presence


As per USCIS guidelines, lawful permanent residents (LPRs) must typically maintain continuous
residence from the time they are granted LPR status until they apply for naturalization.
However, certain absences can disrupt this continuity:

1. Absences of Six Months to One Year: An absence within this duration creates a presumption
that continuous residence has been interrupted. Applicants must counter this presumption with
evidence such as proof of ongoing U.S. employment, having immediate family in the U.S., or
maintaining a home in the U.S. during the absence.

2. Absences of One Year or More: Any absence lasting one year or more will break the
continuous residence requirement. In such cases, the applicant must start a new period of
continuous residence to qualify for naturalization.

3. Frequent Short Absences: Regular absences of less than six months can also threaten
continuous residence if they suggest that the applicant’s primary residence is not in the U.S.

Each situation is assessed individually, taking into account the overall context and provided
evidence.

Proving Continuous Presence

Applicants must compile a variety of documents to demonstrate continuous presence, creating a
comprehensive record of their unbroken stay in the U.S. Essential pieces of evidence include:
– Employment Records: Pay stubs, employment verification letters, and tax returns showing
consistent employment in the U.S.

– Residential Records: Lease agreements, mortgage documents, and utility bills confirming the
applicant's residence in the U.S.

– Travel Records: Detailed travel history, including flight tickets, passport stamps, and Form I-94
Arrival/Departure Records, to document all entries and exits from the U.S.

– Family Evidence: Documents proving that immediate family members, such as a spouse or
children, remained in the U.S. during the applicant’s absence.

Special Considerations


Some groups may have specific provisions or exemptions:

– Military Members and Spouses: Special rules allow military personnel and their spouses to
maintain continuous residence even when stationed abroad.
– Naturalization Through Marriage: Spouses of U.S. citizens may face reduced continuous
residence requirements.

Recent USCIS Updates


USCIS' Recent updates emphasize the need for a thorough understanding of continuous
presence requirements and provide additional resources to guide applicants through the
process. Accurate and detailed documentation is essential to support claims of continuous
presence.

Conclusion

Proving continuous presence involves meticulous record-keeping and a clear grasp of legal
requirements. Applicants should be prepared to present comprehensive evidence to
demonstrate they meet the continuous residence criteria. Keeping abreast of the latest USCIS
guidelines and seeking legal advice when necessary can significantly increase the chances of a
successful application.

For more detailed information, refer to the official USCIS guidelines on continuous residence
and physical presence requirements available on their website.

If you need assistance navigating the complexities of proving continuous presence, contact the
Law Offices of Martin Schwartz for a consultation. We can assist you throughout the process,
representing you or offering legal advice to help you complete the process on your own. At the
Law Offices of Martin Schwartz, we strive to provide the best opportunities for our clients and
ensure they achieve the outcomes they deserve and want.

Contact Martin Schwartz via at martin@martinschwartzlaw.com

Or contact via phone (813) 269-7421

 

Author

Maryleslie Javier 

September 27th, 2024

President Joe Biden delivering a speech at the White House, discussing historic reforms to provide a path to citizenship for undocumented immigrants
| Martin Schwartz | 0 Comments | Immigration Law, Legal Advice, Press Releases | , , , ,

Biden’s Parole in Place Program Granting U.S. Citizenship to Millions of Undocumented Family Members

About PIP

President Biden’s new “parole in place” (PIP) program will grant relief to millions of immigrants who are living in the United States without citizenship. This June the Department of Homeland Security (DHS) announced the new process starting August 19 will allow individuals to change their citizenship if they entered the U.S. unlawfully. Information to apply and applications will be available on the U.S. Citizenship and Immigration Services (USCIS) website.

Who is eligible?

PIP, grants a one year authorized stay in the U.S. available on a case by case basis. The following individuals are eligible to apply:

  • A person currently living in the U.S. without parole or legal admission
  • A person who has lived in the U.S. for 10 years as of June 17, 2024
  • A person legally married to a U.S. citizen as of June 17, 2024
  • Children of the spouse married to a U.S. Citizen

Widows and widowers U.S. citizens who passed away are also eligible to apply.

Preparing for Filing

To be fully prepared to start the PIP process now is the time to gather all of the following documentation:

  • Proof of a valid marriage license as of June 17,2024
  • Identification Documents
    • Passport
    • Drivers License
    • Birth Certificate
    • Any government-issued document with your name, date of birth, and photo
  • Proof of your spouse’s U.S. citizenship
  • Documentation of Residency: any and all items that prove that you have lived in the U.S. for a minimum of 10 years
    • Utility Bills
    • Letters
    • Hospital or medical records
    • Tax Returns
    • Insurance receipts
    • Rental Agreements
    • Bank Transactions

If you are also including a stepchild in the application for parole you will need to provide how the child is related to the parent who is a U.S. citizen and the parent who is not a U.S. citizen. In addition documentation that shows the child’s presence in the United States will also be required.

Extension of the PIP

The PIP legally lasts for one year. Upon the renewal date individuals can have the PIP extended or reapproved. Depending on the case the USCIS makes the ultimate decision if the application is extended or approved. The PIP serves as a temporary assistance to individuals who need U.S. citizenship. Other permanent or long term solutions are as follows:

Do you know a non citizen in removal proceedings, been ordered removed or deported and still lives in the United States? Contact Martin B. Schwartz as this program might facilitate a reopening of the removal or immigration court case so that the non U.S. citizen can obtain lawful permanent resident status.

Parole in Place FAQs

  • Is every application guaranteed to be accepted?

USCIS does not guarantee that every application will be accepted. Each case will be reviewed closely to discover who is the most at need. Ways to submit a strong application can be found here as well as through advice from immigration attorneys. Try calling the Law Offices of Martin Schwarts at (813) 269-7421, reach out via email (martin@martinschwartzlaw.com), or fill out this form with your preferred contact method.

  • If I have a criminal history can I still apply?

USCIS reviews every application closely. If you have a criminal record your case may have a higher chance at being denied. It is important if you have a criminal record to reach out to an immigration attorney to discuss your options. The Law Offices of Martin Schwarts can answer all of your questions. Fill out this form with your preferred contact method and we will get back to you within a timely manner.

  • Can I travel outside the United States with a PIP status?

No, travel outside of the United States may result in the loss of PIP status.

About The Law Offices of Martin Schwartz

Since 1994 The Law Offices of Martin Schwartz have successfully represented U.S. foreign born individuals, defend removal proceedings and help obtain lawful permanent resident status.

_________________________________________________________________

Blog Writer 

Katiana Arnold | B.A Public Relations & Event Management

| Martin Schwartz | 0 Comments | Immigration Law, Legal Advice |

The world’s leading online retailer Amazon stops visa sponsorship

Amazon stops visa sponsorship

One of the world’s largest online retailers, Amazon Inc, is no longer offering visa sponsorships
(green cards) to foreign workers according to Business Insider. This change will cause many
immigrants sponsored by Amazon to lose their jobs and face deportation. Program Electronic
Review Management (PERM) documents assist businesses with hiring immigrants.

In 2023, Amazon changed their sponsorship capabilities by putting PERM applications on pause. In
2024, Amazon is permanently turning away PERM applications meaning they will no longer
identify as a sponsoring employer. What does this mean for current and future employees?
Amazon will have to let go of all their current sponsored employees. Sponsored employees will
have a grace period of 60 days to find another job otherwise they will be deported from the
United States. Employers offer sponsorships as the first step to helping immigrants obtain a
green card, or legal documents to work and live in the United States. In order for a business to
start this process they are required to show there are not enough workers already in the United
States to fill certain job positions. Many foreign workers within the technology industry are in
fear as other employers may follow suit due to an increase in layoffs.

So what can you do? It is important to start taking action now by understanding where your company currently stands on employment-based sponsorships. In addition stay informed with alternative sponsorship options
as well as news in relation to any changes in the process of applying for sponsorship. The Law
Offices of Martin B. Schwartz is offering free consultations only for the month of May.

If you need assistance finding resources visit our website at www.martinschwartzlaw.com or email us
at martin@martinshwartzlaw.com

 

By

Katiana Arnold

| Martin Schwartz | 0 Comments | Immigration Law, Legal Advice

Working Together To Live The American Dream

11 million souls are wishing to live in the U.S. for safety reasons. Worsening living conditions in one’s home country causes this sad reality. Yet, their dreams are in the hands of immigration laws. Immigration law, an alarming barrier, runs this country. In turn it causes hardship for people seeking to live the American dream. Some believe there is a chance at getting higher paying employment and safer housing in America. However, immigrating to the U.S. is hard as people risk being torn away from their families. One solution is finding a lawyer as they help restore hope in the immigration process. Navigating the immigration legal process today feels like an endless cycle. Filing what feels like thousands of documents and trying to pay submission fees is also hard. However, lawyers know the dream of becoming a U.S. citizen is still possible.

Immigration can be a successful process when working as a team with an immigration lawyer. Lawyers are able to break down legal documents, offer support when speaking with a judge, and constantly advocate for their client. Factors like affordability, language, and education all matter when finding the right lawyer. Among the challenges facing immigration law there is hope. The Law Offices of Martin Schwartz offer legal advice and bilingual services creating a quality experience for all clients. In the end, the journey for citizenship is not a legal transaction; it is resiliency. With the help of a lawyer, the dream of citizenship can become a reality for all who have faith.

 

Published by

Katiana Arnold | Journalist & PR Specialist

2024

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International Protection In The United States

The legal right granted to anyone seeking international protection from life-threatening dangers in their home country is called asylum. Every year, thousands of individuals requesting permanent safety through asylum are assisted by the United States. In the United States legal system, individuals apply to become an asylee or a lawfully recognized asylum seeker. Asylees can be classified into two categories based on removal proceedings: defensive asylum and affirmative asylum.

Defensive asylum is when an individual applies for asylum during removal proceedings. Affirmative asylum, when a person applies for asylum without being asked to leave the United States. Benefits of gaining asylum include eligibility for government programs such as Medicaid or Refugee Medical Assistance. Asylees can also work, apply for a Social Security card, leave the country, and request to bring family members to the United States.

If an individual is not granted asylum, there are other options. The first option is called Withholding of Removal. Though more challenging to be granted than asylum, individuals in this category can still live in the United States until a judge decides on their case. However, there are different limitations compared to an asylee. In this status, the timeframe of protection is unknown, and familial separation may occur. Individuals are allowed to work but are not allowed to leave the United States.

Another form of relief is called Temporary Protected Status. In this status, individuals from selected countries are offered protection temporarily, but the timeframe can be extended through another application process. Individuals of this status can travel outside of the United States and work as well. If you need additional resources, please contact our associates today to learn more about asylum or any alternative options.

 

Published by

Katiana Arnold

2024

tampa immigration deportation defense
| Martin Schwartz | 0 Comments | Immigration Law, Legal Advice | , , ,

Free Immigration Seminars on Temporary Protections for Venezuelans

Queridos hermanos venezolanos:

“En las oficinas legales del abogado Martin B. Schwartz estaremos impartiendo seminarios gratuitos sobre proteccion temporal (TPS) en donde podras obtener toda la informacion y orientacion con respecto al tema.
Debido a las medidas de cuidado con respecto al COVID contamos con cupos limitados, por favor comunicarse con nosotros pra reservar.
Llamenos 813-269-7421
proximas fechas:
Domingo 04 de Abril ( contamos con dos cupos disponibles)
hora: 6:30 pm

Domingo 18 de bril
hora: 6:30 pm

Domingo 02 de mayo
hora: 6:30 pm

Law Offices Martin B. Schwartz
8451 W. Linebaugh Ave. tampa FL 33611
llamanos, estamos para guiarte

813-269-7421

In the legal offices of lawyer Martin B. Schwartz we will be delivering free seminars on temporary protection (TPS) where you can get all the information and guidance on the subject. Due to COVID care measures we have limited quota, please contact us for booking Call us 813-269-7421 next dates: Sunday April 04th (we have two slots available) hora: 6:30 pm Sunday 18th of shine hora: 6:30 pm Sunday May 2nd hora: 6:30 pm Law Offices Martin B. Schwartz 8451 W. Linebaugh Ave. tampa FL 33611 call us, we are to guide you 813-269-7421

| Martin Schwartz | 0 Comments | Immigration Law

Flood of illegal migrants to the border outpaces last two years with 1.1M expected in fiscal year 2019

Federal law enforcement based on the U.S.-Mexico border are expected to encounter 1.1 million people trying to cross illegally by the end of the fiscal year Sept. 30, despite Mexico’s assistance stopping migrants on their journey north.

Read more “Flood of illegal migrants to the border outpaces last two years with 1.1M expected in fiscal year 2019”