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Business Standard
24-04-2025
- Business Standard
Just married to a US citizen? Here's when you can apply for a green card
Just married to a US citizen? You can file for a green card the day after your wedding. But if you're in the US on a tourist visa, hold off for a bit—timing is everything. 'If you're in the US on a tourist visa, filing too soon may raise red flags with US Citizenship and Immigration Services (USCIS) and trigger suspicion of visa fraud,' warned Abhisha Parikh, a US-based immigration attorney, in a social media post. Why the 90-day wait matters USCIS may question your intent if you apply for a green card shortly after entering on a tourist visa. The key concern? That you misrepresented your reasons for entering the US. The US Department of State uses a '90-day rule' to assess intent. According to this guideline, if you carry out actions inconsistent with your visa status—like marrying a US citizen and applying for a green card—within 90 days of arrival, officers may presume you had immigrant intent all along. While USCIS doesn't formally follow the rule, cases filed within this window can be subject to extra scrutiny. To stay on the safe side, immigration lawyers often suggest waiting at least 90 days before starting the green card process. This helps show your original purpose for travel was temporary. What to file and when Once you're ready, you'll need two forms: Form I-130: Petition for Alien Relative Form I-485: Application to Register Permanent Residence or Adjust Status You must also provide proof that your marriage is genuine. This includes: Joint bank statements and financial records Photos from your relationship Affidavits from friends or family Lease agreements or utility bills showing shared residence 'But if you are already on a valid immigrant status, you can file as soon as you have your marriage certificate and documents ready,' said Parikh. She added, 'Don't rush—be smart and strategic!' If USCIS suspects fraud Marriage fraud is a federal crime in the US. On March 20, 2025, USCIS posted a reminder on X (formerly Twitter): 'Getting married just to receive immigration benefits is a crime and can lead to deportation, arrest and substantial fines.' All applicants must attend an interview. But if anything seems off, couples may be called for a Stokes interview—a more detailed session held separately for each partner. 'Basically, a Stokes interview is a special type of marriage green card interview that is usually scheduled if the immigration officer suspects marriage fraud. It's not a normal interview, and it can be nerve-wracking if you don't know what to expect,' said immigration lawyer Moumita Rahman in a video post. These interviews can last several hours. The couple is first questioned together, then individually, and their answers are compared for consistency. What they might ask Here are some sample questions: How did you meet? Where did you go on your first date? Who pays which bills? When is the garbage collected? How many bedrooms are in your home? Do you pay bills online or by cheque? Common red flags Moumita Rahman, a New York-based immigration attorney, outlined five reasons applicants may be flagged: 1. A large age gap between spouses 2. Inconsistent answers at the first interview 3. Weak or missing documentation 4. Visible tension or arguments during interviews 5. Conflicting details in public records or social media Another trigger is when couples live apart during the process. Ketan Mukhija, senior partner at Burgeon Law, told Business Standard: 'Given the current landscape of immigration processing delays, couples sponsoring spouses should meticulously prepare their applications to ensure that all required documentation is complete, accurate, and submitted on time to avoid unnecessary setbacks.' He added that if a case is stuck for too long, legal tools like a writ of mandamus could be used to compel USCIS to act. What USCIS counts as marriage fraud Here's what qualifies as marriage fraud under US law: A fake marriage in exchange for money or benefits A mutual agreement to marry without intent to live together
The Guardian
26-02-2025
- Health
- The Guardian
Abortion pill manufacturer asks to join suit that could rewrite US abortion access
The manufacturer of the generic version of a major abortion pill has asked to join a federal lawsuit over the pill's future, marking a new step forward in litigation that could rewrite US abortion access. The manufacturer, GenBioPro, filed court papers on Monday to become a defendant in the lawsuit over mifepristone, one of two drugs typically used in a US medication abortion. That lawsuit, which was brought by the Republican attorneys general of Idaho, Missouri and Kansas, seeks to reverse FDA regulations that dramatically expanded access to the pill, such as provisions that permit providers to prescribe it through telehealth. Medication abortions account for more than 60% of US abortions. Last year, tens of thousands of them were provided through telehealth, including to women living in states with abortion bans, according to #WeCount, a research project by the Society of Family Planning. 'Despite the overwhelming majority of Americans – including constituents of these attorneys general – supporting the legal right to abortion, these politicians remain determined to severely restrict access to a critical drug that women across America depend on,' Skye Perryman, president and CEO of Democracy Forward, said in a statement. Lawyers from Democracy Forward are serving on GenBioPro's legal team. Perryman continued: 'Their baseless attacks not only jeopardize the availability of mifepristone, but also threaten the integrity of our nation's drug regulation system.' The lawsuit is a continuation of a case that reached the US supreme court last year. It was first brought by an anti-abortion coalition known as the Alliance for Hippocratic Medicine. In a 9-0 ruling, the justices found that the coalition lacked the legal standing to bring the case and sent it back to a lower court. However, Judge Matthew Kacsmaryk of the northern district of Texas, ruled in January that the attorneys general from Idaho, Missouri and Kansas could continue the case for now. Kacsmaryk, who was appointed by Donald Trump, had in the earlier version of the case issued a court order that would yank mifepristone from the market entirely. That order was frozen by higher courts. Under Joe Biden, the FDA defended itself against the lawsuit and argued in favor of maintaining the FDA's current regulation of the drug. Under Trump, however, the FDA is widely expected to drop out of the case. Danco Laboratories, which manufactures mifepristone under the brand name Mifeprex, is already a defendant in the suit. Sign up to This Week in Trumpland A deep dive into the policies, controversies and oddities surrounding the Trump administration after newsletter promotion More than 100 studies, conducted across decades and dozens of countries, have found that mifepristone and misoprostol, the second drug normally used in US abortions, are safe. Other states, meanwhile, are taking aim at providers' ability to dispense abortion pills across state lines. Texas has filed a civil lawsuit against a New York doctor who allegedly prescribed pills to a woman in Texas, while Louisiana is pursuing a criminal case against the same doctor. New York, which has a shield law in place to protect abortion providers who operate in other states, has declined to sign Louisiana's extradition order.
