Formalization of marriages
Marriage and Immigration in the USA
Marriage between an American citizen and an immigrant has historically been a way to obtain legal residence in the United States. However, in recent years, the migration landscape has changed considerably due to fluctuations in government policies and associated legal challenges.
This article explores the growing trend of marriages for migration protection, the opportunities and obstacles faced by mixed couples, as well as the importance of notarization, certified translation and legalization of documents in these processes.
Increase in Marriages for Migration Protection
In recent years, the political and migration climate in the US has led to an increase in the number of marriages between US citizens and immigrants.
- In November 2024, following the re-election of Donald Trump, there was an increase in 33% in New York's applications for marriage leavereflecting the concern of many couples for possible more restrictive policies.
- During the first administration of Trump in 2016, a similar phenomenon occurred, with an increase in 28% in such marriages.
- This increase is due to the fear of immigrants to face deportations or greater restrictions on obtaining legal residence.
Opportunities to Regulate Migration Status
In the face of this reality, the U.S. government has implemented programmes that seek to protect mixed families and prevent the separation of married couples.
Programme "Keeping Families United"
In June 2024, President Joe Biden launched a plan to help 500,000 undocumented spouses of American citizens to obtain legal residence without leaving the country.
- The program allows, after three years of residence in the US, beneficiaries to apply for the Green Card No need to leave the country.
- It also covers 50,000 children or stepchildren from American citizens.
Legal challenges
Despite Biden's initiative in August 2024, 16 Republican states filed a lawsuit to stop this program, claiming that the federal government does not have the authority to grant residence permits without the approval of Congress.
- The implementation of the programme is currently under arrest by judicial orders in conservative states, leaving many couples in uncertainty.
Legal and Notarial Aspects in the Office of Marriages
The formalization of a marriage requires compliance with certain legal requirements, especially when it involves an immigrant.
Precautions with public notaries
Many immigrants do not know that public notaries in the US do not have the authority to offer legal advice on migration issues.
- In several states, fraud has been reported in which immigrants pay large sums to notaries who promise help to obtain the residence through marriage, without being authorized to do so.
- To avoid fraud, it is recommended that only notaries and legal immigration specialists.
Importance of Translation and Certification of Documents
The process of marriage between an American citizen and an immigrant requires the translation and certification of certain documents.
The most common documents to be translated into English and certified include:
✅ Birth certificates
✅ Prior marriage records
✅ Divorce or death certificates of the previous spouse (if applicable)
✅ Criminal record
✅ Identity documents and passports
The certified translations guarantee the validity of these documents before the U.S. Citizenship and Immigration Service (USCIS) and other governmental entities.
Impact of migration policies on families
The current migration climate in the US has generated fear and uncertainty in many families.
- Janet Murguía, President of United States, claims that Donald Trump's extreme rhetoric has caused an increase in racism and insecurity in Latin communities.
- Immigrants who have not yet formalized their legal status face additional barriers, such as fear of deportation or family separation.
Naturalization and Marriage Statistics
Despite the challenges, thousands of immigrants manage to legalize their status in the US through marriage.
- In fiscal year 2024, 818,500 immigrants became American citizens.
- Mexico, India and the Philippines are the countries with the largest number of immigrants who obtained citizenship.
- The states with the newest citizens were California, Florida, New York and Texas.
Key Steps for the Mixed Couples
Given the current picture, it is important that mixed couples follow these advice to avoid legal problems:
✔️ Be informed about changes in migration policies.
✔️ Consult with immigration lawyers to avoid fraud.
✔️ Ensure the correct translation and certification of documents before submitting them to USCIS.
✔️ Verify government programmes that can facilitate the regularization of migration status.
As migration policies evolve, families must adapt and seek legal solutions to build a stable future in the US
Conclusion:
Marriage between an American citizen and an immigrant remains a major issue within the U.S. migration system While it represents a legitimate way of legalizing migration status, the process involves requirements, regulations and possible legal challenges that vary over time.
Recent changes in migration policies have created both opportunities and uncertainty for thousands of mixed couples. Programmes such as "Keeping the United Families" seek to offer stability to immigrant spouses, but legal disputes and changes in administration can influence their future.
On the other hand, the correct documentation, certified translation and notarization of vital records remain key elements in ensuring the validity of marriages before the authorities. In addition, it is essential that couples remain informed and avoid falling into fraud related to unauthorized legal advice.
As migration laws and policies evolve, those who seek to settle in the US through marriage must be attentive to updates and meet the requirements. Adequate planning and access to reliable information are essential to successfully navigate this process.