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

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

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.

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