Recent Changes to Marriage-Based Immigration Cases

As of early 2026, couples seeking permanent residency through marriage are subject to heightened scrutiny and more rigorous adjudication processes. While there haven’t been actual written policy changes, U.S. Citizenship and Immigration Services (USCIS) has quietly rolled out several procedural revisions that are now reshaping how marriage-based green card petitions are handled.

If you plan to apply for a marriage-based green card in 2026, either from within the United States or from another country, it is essential to understand some of the nuances and changes to the process to avoid delays or rejections of your application.

Payments for USCIS Forms

The USCIS now requires that each form be paid separately. Payment now can only be made by credit card or ACH. You can no longer pay by checks or money orders.

Careful Assessment of Your Options

When submitting a marriage-based green card petition carefully choose one processing option in your Form I-130:

• Adjustment of Status – This option is available if the beneficiary is already residing in the United States and intends to apply for a green card without leaving the country. It is important to carefully consider the timing of your filing, particularly in relation to your family member’s most recent entry into the U.S., as it may affect eligibility and processing.
• Consular Processing – This path applies when the beneficiary is living outside the United States and will pursue the green card through a U.S. Embassy or Consulate in their home country. The process involves attending an interview abroad before being granted entry as a lawful permanent resident.

Medical Examination Submissions

Another notable shift involves the medical documentation required for green card applicants. In the past, applicants could submit Form I-693 (Report of Medical Examination and Vaccination Record) at a later stage.  Now, you must submit this with the initial filing or the entire filing will be rejected.

Stricter Scrutiny

We are seeing that USCIS officers are placing a higher burden on applicants to prove the legitimacy of their marriage.

Under Trump 2.0, many things have changed regarding immigration procedures as well as enforcement policies.