Empowering Immigrants, Strengthening America

Is It Safe To Apply For A Green Card If You’re Married To A U.S. Citizen?

On Behalf of | January 14, 2026 | Immigration And Naturalization

Marriage to an American citizen provides one of the most direct paths to permanent residence. However, filing for a green card based on marriage involves significant risks if you have immigration violations, prior removals, or other complications in your history. At DeCosmo Law, our immigration lawyers evaluate your situation before you apply.

Considerations for a Safe Application

Several factors determine whether your marriage-based green card application will succeed or expose you to removal proceedings. Our attorneys assess these elements during your initial consultation to identify potential obstacles.

Bona Fide Marriage

U.S. Citizenship and Immigration Services (USCIS) scrutinizes marriage-based petitions to detect fraud. You must demonstrate that your marriage is genuine and not entered solely for immigration benefits. Our firm helps you compile strong, credible evidence and prepare for interviews to present your relationship accurately and confidently.

Manner of Entry

Certain aspects of your background may make you inadmissible to the United States, even if you are married to a U.S. citizen. Our attorneys conduct a thorough review of your history to identify potential red flags and determine whether waivers or alternative legal strategies are available, including:

● Entered Legally: If you entered the United States with a valid visa or other travel document and meet the eligibility criteria, you may be able to adjust your status to lawful permanent resident without leaving the country.

● Entered Without Inspection (EWI): If you entered the United States without authorization, you generally cannot adjust status within the country and may need to apply for a green card through consular processing abroad, which can trigger bars based on unlawful presence.

Inadmissibility Factors

Certain aspects of your background may render you inadmissible to the United States, even as the spouse of a U.S. citizen. The immigration attorneys at Decosmo Law carefully review your history for potential red flags, including the following:

● Prior deportation or removal orders

● Criminal convictions or pending charges

● Immigration fraud or misrepresentation

● Unlawful presence exceeding 180 days

● Public charge concerns

Marriage to a U.S. Citizen Doesn’t Guarantee Green Card Approval

Many applicants assume that marrying a citizen automatically leads to permanent residence. USCIS denies marriage-based petitions for numerous reasons:

● Insufficient evidence of bona fide marriage

● Failure to overcome inadmissibility grounds

● Missed deadlines or incomplete forms

● Inconsistent statements during interviews

● Inability to meet financial sponsorship requirements

Why You Need an Experienced Immigration Attorney

Filing a green card application without legal guidance can jeopardize your future in the United States. Under INA § 212(a)(6)(C)(i), any material misrepresentation to obtain an immigration benefit results in permanent inadmissibility. Our firm protects you by:

● Conducting thorough eligibility assessments

● Preparing comprehensive evidence packages

● Identifying waiver requirements early

● Accompanying you to USCIS interviews

● Responding to requests for additional documentation

Contact a Camden Immigration Lawyer Now

Protect your immigration future by seeking professional guidance. Call DeCosmo Law at 856-361-2122 or complete our online contact form to schedule a consultation with a trusted bilingual immigration attorney who will provide an honest assessment of your case. Our offices in Camden, Mount Holly, and Haddonfield make it easy to serve families across South Jersey.