US Immigration lawyer explains how couples can get Green Card under new rules

Marriage-based Green Card applications in the United States are being subjected to closer scrutiny, with immigration officials focusing less on marital status and more on whether couples actually live together, according to US immigration attorney Brad Bernstein.

In a recent Facebook video, Bernstein, a partner at law firm Spar & Bernstein, warned that couples who are married but living apart face a high risk of denial under current immigration enforcement practices.

Bernstein said US immigration officers are trained to look for one core requirement when assessing marriage-based Green Card applications: cohabitation.

According to Bernstein, explanations such as work-related travel or temporary job postings do not carry much weight during the review process.

He pointed to existing regulations defining a bona fide marriage as one in which spouses live together on a daily basis

Bernstein warned that once immigration officials begin questioning a marriage, the process can escalate quickly.

The warning comes amid a wider tightening of US immigration policy under the Trump administration, which has introduced sweeping changes to employment-based visas and Green Card pathways.

Recent reforms to the H-1B visa programme have prioritised highly skilled and higher-paid workers, increased fees for employers, and expanded vetting requirements.

Against this backdrop, Bernstein urged applicants to prioritise compliance with immigration rules, even if it requires difficult personal or professional decisions