LEGAL ALERT: Heightened Scrutiny in 2026 Marriage-Based Green Card Interviews

The law firm is sensitizing the public to an important shift currently occurring in U.S. immigration law. While marriage-based Adjustment of Status (AOS) interviews have always been rigorous, we are now observing a new level of thoroughness and expanded questioning from Immigration Service Officers (ISOs).

The New "File Note" Requirement

Attorneys attending interviews are seeing a pattern: ISOs are now required to create detailed file notes on every beneficiary. These notes specifically cover:

• Criminal History & Good Moral Character: A holistic look at your record, beyond just the absence of crimes.

• Immigration History: Deep dives into prior entries, visa intent, and any past "touches" with the border.

• Family Ties: A review of your support system and roots in the U.S.

• Benefit to the National Interest: Perhaps the most significant change for 2026.

A New Burden: The "National Interest" Question

In a surprising development, beneficiaries are now being asked to describe how their presence in the U.S. contributes to the "national interest." Previously, this was a standard reserved for "National Interest Waivers" for researchers or doctors. Today, it is appearing in marriage-based interviews. You must be prepared to articulate not just why your marriage is real, but why you becoming a permanent resident would benefit the U.S., whether through your employment, community service, or specialized skills.

Why You Need a Strategy

CBP and USCIS have expanded their technology and "lookback" capabilities. During your interview, the officer has access to your entire arrival and departure history and will look for any inconsistencies.

Hope is not a plan. A successful interview now requires:

1. A Risk Screening: Identifying red flags in your history before the government does.

2. A Coherent Narrative: Knowing how to describe your contributions to the U.S. national interest clearly.

3. Legal Representation: Having an attorney present to ensure the questioning remains fair and within legal bounds.

The stakes for Adjustment of Status have never been higher. If you have an upcoming interview, do not go in unprepared. Contact the law firm today for a consultation and a comprehensive interview prep session. Our telephone number is 201-875-2600.