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Is Now the Right Time to Apply for a Marriage-Based Green Card?

McBean Immigration Law > Green Card > Marriage Petition > Is Now the Right Time to Apply for a Marriage-Based Green Card?

Navigating the Process Amid Changing Immigration Policies 

March 13, 2025 

Navigating the U.S. immigration system can be overwhelming, especially with the ever-changing policies under different administrations. If your spouse is considering filing an I-130 family petition for your green card, now is the time to assess the risks and benefits. Given the current climate under the Trump administration, you may be wondering whether it’s safe to move forward with a marriage-based green card process. Let’s break it down so you can make an informed decision.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law, a New York immigration law firm. If you or loved one need assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her experienced immigration attorney team, who are ready to guide you through every step of the process.    

Understanding the Current Immigration Climate 

Immigration policies have shifted significantly, with the Trump administration adopting a more aggressive stance. The U.S. Citizenship and Immigration Services (USCIS) will be conducting enhanced vetting of each immigration application and petition, and demand more documentation from individuals. Plans for mass deportations, heightened enforcement, and stricter regulations under the Trump Administration have left many immigrants uncertain about their future. Social media platforms like TikTok and YouTube are also flooded with reports and concerns from immigrants, making it even harder to separate fact from fear. 
But does this mean you shouldn’t apply for a green card through your spouse? The short answer is: it depends. Several factors need to be considered before making a decision to start a marriage-based green card process. 
You can download our free guide, “Updated Tips for Marriage-Based Green Card in 2025” to gain valuable insights and key steps to successfully navigate the marriage-based green card application process. 

Frequently Asked Questions Before Applying for a Marriage-Based Green Card 

1. How Does a Criminal Record Impact the Marriage-Based Green Card Process? 

One of the first things to evaluate is whether the beneficiary spouse has any criminal history. Certain offenses can make you deportable or subject to mandatory detention. Here are some offenses that could impact your marriage-based green card case: 
  • Theft-related offenses 
  • Drug-related crimes 
  • Domestic violence charges 
  • Fraud or identity-related crimes 
If you have a criminal record, consult with an experienced immigration attorney at McBean Law before proceeding. Some offenses might not result in deportation, but they still require legal guidance to navigate. 

2. How Does My Petitioner Spouse’s Immigration Status Impact the Marriage-Based Green Card Process? 

Your petitioning spouse’s immigration status plays a crucial role in your ability to adjust status through a marriage-based green card process. For instance,  
  • If your petitioner spouse is a U.S. citizen and you entered the country legally, you may be able to adjust your status without leaving the U.S. 
  • If your petitioner spouse is a green card holder, you may face a more complex process, including the possibility of needing a waiver and attending an embassy interview abroad. 
In some cases, waiting until your spouse becomes a U.S. citizen could simplify the marriage-based green card process and reduce the risks involved. 

3. How Does My Spouse’s Illegal Entry into the U.S. Impact Our Marriage-Based Case?  

Your spouse’s mode of entry into the U.S. matters significantly when applying for a marriage-based green card. If your spouse entered legally (with a visa), your spouse may be eligible for adjustment of status. However, if your spouse entered unlawfully, your spouse might need to go through consular processing, which involves returning to their home country for an interview. Leaving the U.S. could trigger additional legal complications, making it essential to consult with a knowledgeable immigration attorney with experience in marriage-based green card petitions.  
Watch Attorney LaToya McBean Pompy’s YouTube video, “Is Now the Right Time for Your Spouse to File for Your Green Card?” to gain valuable insights on key factors to consider, potential risks, and what you need to know before starting the marriage-based green card process.

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Addressing Concerns About Detention and Deportation During the Marriage-Based Green Card Process 

A major worry for many couples is the possibility of being detained or deported while applying for a marriage-based green card. However, if you do not have a deportable criminal offense, you will not be deported during the marriage-based green card process. Additionally, most applicants will not be detained at their green card interview unless they already have a prior removal order or a serious criminal history. Understanding these factors can help ease concerns and provide clarity as you move forward with your application. 

What to Expect Under the Trump Administration 

If you choose to apply for a marriage-based green card under the Trump administration, prepare for increased scrutiny and stricter enforcement. Here are some key changes to anticipate: 

1. More Vetting and Scrutiny 

USCIS will likely request more evidence and conduct deeper investigations into marriage-based applications. Be prepared to provide extensive documentation proving the legitimacy of your marriage. 

2. Mandatory Green Card Interviews 

During the Biden administration, many marriage-based green card interviews were waived. However, under President Trump, expect that most couples will have to attend an interview. 

3. Higher Denial Rates 

USCIS may issue more denials and reduce the opportunities for applicants to correct errors in their applications. This means that attention to detail and legal guidance are more important than ever during the marriage-based green card filing process. 

Take Action: Get Professional Help for Your Marriage-Based Green Card Case 

With stricter policies in place, it’s critical to have an immigration attorney by your side. At McBean Law, we have successfully helped countless clients navigate the marriage-based green card process, even in complex cases. 
Visit mcbeanlaw.com/success  to explore real success stories from individuals and families who have successfully navigated the immigration process with our help. Whether your case is straightforward or complex, our team at McBean Law has a proven track record of helping clients achieve their immigration goals.  
If you need assistance with your immigration journey, don’t hesitate to contact McBean Law, a New York immigration law firm dedicated to serving your needs. We’re here to fight for your future and help you take the next step toward the life you deserve in the United States. At McBean Law, we specialize in a wide range of immigration services, including: 
  • Family-based visas to reunite with loved ones. 
  • Complex marriage cases, including denials and waivers. 
  • Waivers for inadmissibility due to unlawful presence, fraud, or criminal issues. 
  • Removal defense, including asylum, adjustment of status, and appeals. 
  • Humanitarian relief for victims of violence, crime, and trafficking. 
  • Naturalization services, even for those with criminal or moral character issues. 
  • Consular processing, visa waivers, and assistance with refusals. 
  • Employment-based green cards (EB-1, EB-2, EB-3, EB-5) and work visas (H-1B, H-2B, E-2). 
  • Business advisory for employers and entrepreneurs sponsoring workers or expanding in the U.S. 
Whether you’re applying for a family visa, facing a denial, or defending yourself in removal proceedings, we’re here to help guide you every step of the way. Our experienced immigration lawyers will also assist with appeals and motions to reopen cases. 

Final Thoughts 

Deciding whether to apply for a green card through your spouse is a significant decision, especially in today’s political climate. By carefully evaluating your background, your spouse’s status, and your mode of entry, you can make an informed choice. 
If you’re ready to move forward, work with a trusted legal team to ensure your case is handled correctly. Reach out to McBean Law, a reputable New York immigration law firm. We are here to guide you through these uncertain times with confidence. Schedule a consultation with us by calling (914) 898-9488. Follow us on YouTube, TikTok, Instagram, and Facebook for more resources and updates. 
Green Card, Marriage Petition, Marriage Petition
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About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

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