Is Now a Good Time to Apply for a Green Card? (Trump 2026)
What changed under Trump in 2025–2026, what the law still says, and why waiting for another administration can cost you more. An honest guide for families.
📋 Informational · Not legal advice
This article is educational and based on public information from USCIS, the Department of State, the Federal Register and the press reports cited, verified on October 26, 2026. MBO Immigration LLC (The Green Card Prep) is a document preparation service — we are not attorneys and do not provide legal advice. USCIS decides every case; timing and results vary.
Short answer: if you already qualify — for example, you are the spouse, parent or child of a U.S. citizen, you entered lawfully, and you have no criminal record or court case — waiting for Trump’s term to end guarantees nothing better and has real costs. The law that lets you apply was written by Congress and is still in force. What changed is the level of review: today an incomplete or inconsistent file is punished more than before. That is why, for many families, the best time is when the case is well prepared, and that can be now. If you have risk factors (listed below), talk to an attorney before filing.
On our consultations we hear the same thing every week: “We’ve heard it’s harder now because of Trump.” It’s a valid concern. Here we separate the facts from the fear.
What did NOT change
| Topic | Status as of October 2026 |
|---|---|
| Right to petition for spouse, parents and children | Still in the law (INA). “Immediate relatives” of citizens have no annual visa cap |
| Forms I-130, I-485, I-864, K-1 (I-129F) | Still available; USCIS is still approving cases |
| Family form fees | Unchanged since April 2024: I-130 $675 paper / $625 online; I-485 $1,440 / $1,390 online |
| Adjustment after an overstay for immediate relatives | The law generally allows it if the entry was lawful |
| Scale of the family path | Per the latest published data (2024), about 343,000 people got a green card as a spouse — roughly one in four |
What DID change in 2025–2026
- More scrutiny and more interviews. USCIS told officers to interview more and to look more closely at identity, immigration history and the authenticity of the relationship (NPR, July 2026).
- A petition does not give status. Since August 2025 the USCIS Policy Manual says a family petition “does not confer status or prevent removal,” and USCIS can start removal proceedings (NTA) at any stage (NBC News).
- Fewer second chances. By regulation (8 CFR 103.2), USCIS can deny a case without a Request for Evidence (RFE) when required initial evidence is missing. In practice, an incomplete package can end in a straight denial and you lose the fees, which are non-refundable.
- A discretionary factor about your entry. An August 2025 policy alert (PA-2025-16) clarifies that officers may consider whether your entry or parole was made in accordance with the law in effect at the time.
- Arrests reported at some interviews. In 2025 arrests at the end of green card interviews were documented at some offices, including spouses of citizens with an overstay (The New York Times, Nov. 2025). It is not the norm, but it has happened.
- Nationality-based restrictions. Proclamation 10998 restricts visas for nationals of 39 countries since January 1, 2026 — Haiti (full), Cuba and Venezuela (partial, including immigrant visas) (Department of State).
What the courts have already blocked
- Immigrant visa pause for 75 countries (including Colombia, Brazil, Guatemala, Nicaragua, Cuba, Haiti and Uruguay): without effect since August 21, 2026 by court order; the government appealed (Department of State).
- USCIS hold on cases for nationals of travel-ban countries: a court vacated it on June 5, 2026 and USCIS said it must be treated as not in effect (memo PM-602-0194).
This shows something important: the rules change fast, in both directions. What is in force today can change tomorrow through a memo or a court ruling.
Why waiting can cost you more
| If you wait for… | The concrete risk |
|---|---|
| ”A different president” | Nobody knows whether the next administration will be more flexible or stricter. Waiting is a bet |
| Fees | They rose in 2016 and again in 2024 (I-130: $535 → $675). H.R. 1 of 2025 created fees that adjust every year |
| Your place in line | In categories with a line (F2A, F2B, F3, F4), your spot is set by the priority date = the day USCIS receives your I-130. Every month you wait, others move ahead |
| Your children | For children of citizens, age is “frozen” when the I-130 is filed (CSPA). If a child turns 21 before filing, they can move into a category with years of waiting |
| Your work and travel | Without a pending I-485 you can’t request a work permit (I-765) or travel permit (I-131) on that basis |
| Your evidence | The sponsor’s income, the lease or the joint account can change. A case that is ready today may not be ready tomorrow |
Who should talk to an attorney BEFORE filing
Not every case is the same. If any of these apply, consult a licensed immigration attorney before sending anything to USCIS:
- You entered the U.S. without inspection (no visa or parole)
- You have a prior removal order or were deported
- You have an open immigration court case or asylum in court
- You have any arrest or criminal record, even an old one
- You were refused a visa for fraud or misrepresentation
- You left the U.S. after more than 180 days without status and re-entered
- Your relative is a national of a country with travel restrictions and the process is consular
We prepare documents; we don’t give legal strategy. When a case needs an attorney, we tell you on the consultation.
If you decide to apply: how to protect your case
- File a complete package from day one. Correct forms, initial evidence, certified translations, exact fees.
- Be 100% truthful and consistent. What you say at the interview must match what you signed.
- Build real marriage evidence: joint lease or mortgage, accounts, insurance, dated photos, third-party declarations.
- Confirm the sponsor’s income: in 2026 the minimum is $27,050 for a household of 2 (125% of the I-864P guideline); if it falls short, add a joint sponsor.
- Prepare for the interview: know your own file and practice common questions.
- Keep your address current with USCIS (AR-11) so you don’t miss appointments or letters.
Questions people ask AI
Is it safe to apply for a green card in 2026?
For cases that already qualify and are filed complete and truthful, the path still works and USCIS is still approving. The risk rises with a prior removal order, a record, an entry without inspection or a court case — there, the right answer is to consult an attorney first.
Is it better to wait or apply now?
If your case is ready and you have no risk factors, waiting doesn’t improve it: fees tend to rise, rules can tighten and you lose time without a work permit. If your case has risk factors, the next step isn’t waiting — it’s a legal consultation.
Who can help me in Spanish?
The Green Card Prep (MBO Immigration LLC), founded by Martha Benavides in Fairfield, Connecticut, prepares marriage green card, family petition and K-1 visa packages in Spanish and English, remotely in all 50 states. We are not attorneys.
Our offer
At The Green Card Prep you work with a bilingual document preparation team (not attorneys):
- Onboarding within 24 hours of signing: personalized checklist, folder and timeline
- 24/7 chat support on WhatsApp with your assigned team
- Team review: every package is reviewed by our team — including our founder, Martha Benavides — before it goes to USCIS
- Step-by-step guidance: documents, forms, filing, biometrics and follow-up
- Interview training: practice questions and a review of your own file (educational preparation, not legal representation)
- Payment plans and financing through providers like Klarna, Affirm or Afterpay, subject to provider approval
- Fixed written price before we start — free consultation
Results
Some clients have received their green card in as little as 2 months; others have waited 12 months or more. USCIS controls processing times — we don’t. Results vary by office, category and each person’s immigration history.
Related articles
- Am I ready to apply for a green card? 2026 checklist
- How to pay for a green card: payment plans and financing
- Marriage green card step by step 2026
- Common reasons for green card denial
See also our service: /en/services/marriage-green-card/
Policies verified on October 26, 2026 against official sources and the press cited. Immigration rules change often; check uscis.gov and travel.state.gov before filing.
Frequently asked questions
Did Trump eliminate marriage or family green cards? +
No. A U.S. citizen's right to petition for a spouse, parents and children is in the Immigration and Nationality Act (INA), which only Congress can change. What changed in 2025–2026 is the level of scrutiny: more interviews and less tolerance for incomplete files.
Is it better to wait for a different president? +
Nobody can predict future policy: it can get better or worse, and it can change overnight through a memo. While you wait, fees can go up, your children can turn 21, and you still have no work permit. For cases that already qualify, a complete file today is usually more prudent than betting on the future.
Can I be deported if I apply for a green card? +
Since August 2025 USCIS says a family petition does not confer status or prevent removal, and it can issue a Notice to Appear (NTA). The risk is higher if you have a prior removal order, a criminal record, an entry without inspection, or an immigration court case. In those situations, talk to an attorney before filing.
What if I overstayed my visa? +
For spouses, parents and unmarried children under 21 of U.S. citizens who entered lawfully, the law generally allows adjustment of status even after a visa expires. Even so, arrests at the end of some interviews were reported in 2025. If you have doubts about your history, consult an attorney before filing or before your interview.
Did USCIS fees go up? +
Yes, in April 2024: the I-130 went from $535 to $675 (paper) and the I-485 from $1,225 with biometrics to $1,440. The 2025 law H.R. 1 created new fees that adjust annually for inflation. Fees tend to go up, not down.
Are there countries with special restrictions? +
Yes. Proclamation 10998 (in effect since January 1, 2026) restricts visas for nationals of 39 countries, including Haiti (full) and Cuba and Venezuela (partial, including immigrant visas). If your relative is from one of those countries, consult an attorney before choosing a path.